Chapter 64

9 GCA CRIMES AND CORRECTIONS CH. 64 GAMBLING CHAPTER 64 GAMBLING 2014 NOTE: Unless otherwise indicated, Comments and Cross References are the original annotations from the Cr iminal and Correctional Code (1977), enacted by P.L. 32-185 (S ept. 2, 1976). These annotations were included when the Criminal a nd Correctional Code (1977) was 'recodified' as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1 980). These original annotations were retained in past print pu blications of the GCA,and are included herein for historical purposes . The Source notes, however, have been updated to reflect subseq uent changes to each provision. Other annotations in this Chapter, including explanatory notes, were added by the Compiler in pa st publications of the GCA. Article 1. Gambling Generally. Article 2. Authorized Activities. ARTICLE 1 GAMBLING GENERALLY § 64.10. Gambling; Defined & Punished. § 64.15. Use of Electronic Machine or Device to Con duct Sweepstakes Illegal. § 64.16. Forfeiture of Electronic Machine or Device Used to Conduct Sweepstakes. § 64.17. Penalties. § 64.20. Importation of Gambling Devices Guam Illeg al: Defined & Punished. § 64.21.

akes Illegal. § 64.16. Forfeiture of Electronic Machine or Device Used to Conduct Sweepstakes. § 64.17. Penalties. § 64.20. Importation of Gambling Devices Guam Illeg al: Defined & Punished. § 64.21. Poker Machines and Video Lottery Terminals . § 64.22. Possession of Gambling Devices Prohibited; Penalty. § 64.23. Slot Machines . § 64.10. Gambling; Defined & Punished. (a) Except as otherwise provided by this Chapter, a person commits a misdemeanor when he: COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 2 (1) makes or accepts a wager involving money or anything of monetary value upon the result of any g ame or contest; (2) holds any money or anything of monetary value which he knows has been wagered in violation of Par agraph (1); or (3) sets up or promotes any lottery or sells or buy s any lottery ticket. (b) As used in this Section, lottery means a plan w hereby prizes are distributed by chance among persons who have paid or promised to pay anything of monetary value for a ch ance to win a prize. SOURCE: G.P.C. §§ 319-321, 330, 330a, 532b; See also §§ 32 2, 323, 331; *Cal § 1555(a)(c) (1971).

ong persons who have paid or promised to pay anything of monetary value for a ch ance to win a prize. SOURCE: G.P.C. §§ 319-321, 330, 330a, 532b; See also §§ 32 2, 323, 331; *Cal § 1555(a)(c) (1971). CROSS-REFERENCES: §§ 4.60, 4.65 -Aiding, Facilitating an offense; § 64.30 -Social Games; § 64.40 - Cockfight; § 64.50 -Authorized lotteries; §§ 64.60-64.68 - Bingo. § 64.15. Use of Electronic Machine or Device to Con duct Sweepstakes Illegal. (a) Definitions. As used in this Section, unless t he context clearly requires otherwise, the following words sha ll have the following meanings: (1) (A) Electronic machine or device means a mechanically, electrically or electronically operat ed machine or device that is owned, leased, or otherwi se possessed, by a sweepstakes sponsor or promoter, or any sponsors, promoters, partners, affiliates, subsidiaries, or contractors thereof, that is inten ded to be used by a sweepstakes entrant, that uses energy, and that is capable of displaying information on a scre en or other mechanism. This Section is applicable to an electronic machine or device whether or not it: (i) is server-based; (ii) uses a simulated game terminal as a representation of the

n on a scre en or other mechanism. This Section is applicable to an electronic machine or device whether or not it: (i) is server-based; (ii) uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries; COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 3 (iii) utilizes software such that the simulated game influences or determines the winning or value of the prize; (iv) selects prizes from a predetermined finite pool of entries; (v) utilizes a mechanism that reveals the content of a predetermined sweepstakes entry; (vi) predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed; (vii) utilizes software to create a game result; (viii) requires deposit of any money, coin, or token, or the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device; (ix) requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device; (x) requires purchase of a related product having legitimate value; (xi) reveals the prize incrementally, even though

onic machine or device, or remote activation of the electronic machine or device; (x) requires purchase of a related product having legitimate value; (xi) reveals the prize incrementally, even though it may not influence whether or not a prize is to be awarded or the value of any prize awarded; (xii) determines and associates the prize with an entry or entries at the time the sweepstakes is entered; (xiii) is a slot machine or other form of electrical, mechanical, or computer game. (B) Electronic machine or device also includes gambling devices as defined in § 64.20(b) of this Chapter. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 4 (2) Enter or entry means the act or process by whic h a person becomes eligible to receive any prize offere d in a sweepstakes. (3) Entertaining display means any visual information, capable of being seen by a sweepstakes entrant, that takes the form of actual game play, o r simulated game play. (4) Game play or simulated game play means any game play whether actual or electronically simulate d which when played may return winnings (other than free ga mes not redeemable for cash) of value to the user based partially or completely upon chance,

play whether actual or electronically simulate d which when played may return winnings (other than free ga mes not redeemable for cash) of value to the user based partially or completely upon chance, which a user is required to participate in prior to the reveal of a prize, or t he receipt of anything of value. (5) Prize means any gift, award, gratuity, good, service, credit, or anything else of value, which m ay be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or ot her record as evidence of the intent to transfer the prize. (6) Sweepstakes means any game, advertising scheme or plan, or other promotion, which uses an electron ic machine or device as defined in this Section, with or without payment of any consideration, that a person may enter to win or become eligible to receive any priz e, the determination of which is based partially or comple tely upon chance. (b) It shall be unlawful for any person to operate or knowingly possess with the intent to operate, or pl ace into operation, an electronic machine or device to: (1) conduct a sweepstakes through the use of an entertaining display, including the entry process o

y possess with the intent to operate, or pl ace into operation, an electronic machine or device to: (1) conduct a sweepstakes through the use of an entertaining display, including the entry process o r the reveal of a prize; or (2) promote a sweepstakes that is conducted through the use of an entertaining display, including the e ntry process or the reveal of a prize . COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 5 (c) Nothing in this Section shall be construed to m ake illegal any activity which is lawfully conducted pu rsuant to Title 9 GCA, Chapter 64, Article 2. SOURCE: Added by P.L. 32-130:1 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations altered/added in subsection (a) pursuant to authority of 1 GCA § 160 6. § 64.16. Forfeiture of Electronic Machine or Device Used to Conduct Sweepstakes. (a) Upon a determination by the Department of Reven ue and Taxation or the Attorney General that probable cause exists to believe that any electronic machine or device is being operated or is intended to be operated to conduct a sweepstakes or promote a sweepstakes in violation of Title 9 GC A § 64.15 above, the electronic machine or device shall be su bject to

ice is being operated or is intended to be operated to conduct a sweepstakes or promote a sweepstakes in violation of Title 9 GC A § 64.15 above, the electronic machine or device shall be su bject to immediate seizure by law enforcement officials from the Department of Revenue and Taxation, the Guam Police Department, or the Office of the Attorney General. (b) Any government entity in possession of a seized electronic machine or device shall retain the item pending a disposition order from a Superior Court judge. (1) Upon application by the Department of Revenue and Taxation, or the Attorney General, or the owner of the electronic machine or device, and after notice to a ll parties and an opportunity to be heard by all parties, (A) if the court determines that it is unlawful to possess the electronic machine or device, the Direc tor of the Department of Revenue and Taxation, or the Attorney General, may have the electronic machine o r device destroyed, or may use the electronic machine or device for training, or may sell the electronic mac hine or device at an auction to be held at the place whe re the electronic machine or device is located, or at anot her place as determined by

e or device for training, or may sell the electronic mac hine or device at an auction to be held at the place whe re the electronic machine or device is located, or at anot her place as determined by the Director of the Departme nt of Revenue and Taxation, or the Attorney General. (B) If the court determines that the electronic machine or device is not unlawful to possess under COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 6 Title 9 GCA § 64.15, the electronic machine or devi ce shall be ordered released to its owner upon satisfa ctory proof of ownership. (2) Neither the government of Guam nor its official s, employees or agents shall be liable for the seizure of electronic machines and devices under this statute when a court determines that the electronic machine or dev ice is ordered to be released to its owner. (c) The foregoing procedures for release shall not apply with respect to an item seized for use as evidence in any criminal action or proceeding until after entry of final jud gment. SOURCE: Added by P.L. 32-130:2 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations added/altered purs uant to the authority of 1 GCA § 1606. § 64.17. Penalties.

fter entry of final jud gment. SOURCE: Added by P.L. 32-130:2 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations added/altered purs uant to the authority of 1 GCA § 1606. § 64.17. Penalties. (a) Any person who violates Title 9 GCA § 64.15 sha ll be guilty of a felony punishable by imprisonment of no t more than five (5) years and a fine not to exceed $250,000, o r both. Each violation of Title 9 GCA § 64.15 shall be considere d a separate offense. (b) Any person who violates Title 9 GCA § 64.15 may also be subject to an administrative penalty of not more than $250,000, to be assessed by a decision and order of the Director of the Department of Revenue and Taxation. Each vio lation of Title 9 GCA § 64.15 shall be considered a separate offense. (1) Before issuing a decision and order assessing a n administrative penalty, the Department of Revenue a nd Taxation shall give written notice, in the form of an accusation, to the person to be assessed an adminis trative penalty. (2) The person to be assessed an administrative penalty shall be entitled to notice, to a hearing b efore the Director of the Department of Revenue and Taxation, and to review by the Superior Court

. (2) The person to be assessed an administrative penalty shall be entitled to notice, to a hearing b efore the Director of the Department of Revenue and Taxation, and to review by the Superior Court according to the proce dures in Articles 1 and 2 of the Administrative Adjudication Law. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 7 (3) (A) If any person fails to comply with an administrative penalty decision and order after the assessment has become final, or after a court in an action brought pursuant to the Administrative Adjudication Law has entered a final judgment in fa vor of the Director of the Department of Revenue and Taxation, the Attorney General of Guam may bring a civil action to enforce the order and to recover th e amount ordered or assessed, plus interest of six pe rcent (6%) per annum from the date of the final administrative decision and order or the date of th e final judgment, as the case may be. In this action, the validity, amount, and appropriateness of the penalt y assessed by the administrative decision and order o r the final judgment of the court made after an appea l of the administrative decision and order shall not be subject to review.

ss of the penalt y assessed by the administrative decision and order o r the final judgment of the court made after an appea l of the administrative decision and order shall not be subject to review. The Director of the Department o f Revenue and Taxation need only show that: (i) notice was given; and (ii) a hearing was held, or the time granted for requesting a hearing has run without a request for a hearing; and (iii) the penalty was imposed; and (iv) the penalty remains unpaid. (B) A judgment of the court entered under this Subpart (3) of § 64.17(b) may be enforced and collected in the same manner as a money judgment of the Superior Court. SOURCE: Added by P.L. 32-130:3 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations altered/added in subsection (b)(3) pursuant to authority of 1 GCA § 1606. § 64.20. Importation of Gambling Devices to Guam Il legal: Defined and Punished. (a) A person commits a felony when he imports or at tempts to import, or causes to import a gambling device, w hether COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 8 operable or not, into the territorial jurisdiction of Guam, or manufactures a gambling device within the Territory of Guam.

g device, w hether COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 8 operable or not, into the territorial jurisdiction of Guam, or manufactures a gambling device within the Territory of Guam. (b) As used in this Section, gambling device means any coin operated device which, when operated, may return wi nnings (other than free games not redeemable for cash) of value to the user based partially or completely upon chance, by the operation of which a person may become entitled to receive wi nnings of value. (1) It does not include pinball and other amusement machines or devices which are predominantly games o f skill, whether affording the opportunity of additio nal chances or free plays or not. (2) It does include any slot machines, video poker machines and other machines or devices which afford the opportunity of winnings, payouts, malfunction refun ds to the player, or giving the player or user anything o f value under any guise or form based partially or complete ly upon chance. (c) Any gambling device in violation of this Sectio n shall be subject to seizure and forfeiture. Any slot machine shall be subject to seizure and forfeiture.

ed partially or complete ly upon chance. (c) Any gambling device in violation of this Sectio n shall be subject to seizure and forfeiture. Any slot machine shall be subject to seizure and forfeiture. (1) Any property subject to forfeiture under this Section shall be seized by a peace officer, includi ng Guam Customs Officer, upon process issued by the Superio r Court, except that seizure without such process may be made when the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; the property sub ject to seizure has been the subject of a prior judgment in a criminal injunction or forfeiture proceeding based upon this Section; or the peace officer has probable cause to believe that the property has been used or intended to be u sed in violation of this Section. In the event of a seizur e pursuant to this Subsection, proceedings under Subsection (d ) shall be instituted promptly. (d) Property taken or detained under this Section s hall not be repleviable, but shall be deemed to be in the cu stody of the COL6/5/20199 GCA C RIMES & CORRECTIONS CH.

shall be instituted promptly. (d) Property taken or detained under this Section s hall not be repleviable, but shall be deemed to be in the cu stody of the COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 9 government subject only to the orders and decrees o f the Court. Whenever property is seized under the provisions of this Section, the government shall destroy all gambling devices s eized and forfeited upon order of the Court. (e) Any person found guilty of the importation, att empted importation or causing the importation of gambling devices to Guam, or who is found guilty of manufacturing a gam bling device in Guam, shall be guilty of a felony and be subject to imprisonment for not more than five (5) years, a fi ne not to exceed Twenty-five Thousand Dollars ($25,000.00) pe r gambling device, or both such fine and imprisonment . SOURCE: G.P.C. § 330a; *Cal. § 1560 (1971). Subsection (b) amended by P.L. 18-007:11 (July 8, 1985). Repealed and reen acted by P.L. 19- 004:3 (May 21, 1987). Subsections (f) and (g) repe aled by P.L. 19-024:9 (Oct. 17, 1988). Entire section repealed by P.L. 23 -128:IV:13 (Dec. 12, 1996). Added by P.L. 24-001:3 (Mar. 15, 1997).

L. 19- 004:3 (May 21, 1987). Subsections (f) and (g) repe aled by P.L. 19-024:9 (Oct. 17, 1988). Entire section repealed by P.L. 23 -128:IV:13 (Dec. 12, 1996). Added by P.L. 24-001:3 (Mar. 15, 1997). 2014 NOTE: The Gambling Device Fund was implicitly created by P.L. 19-004:3 (May 21, 1987), which added subsection (g ), and authorized the Director of Revenue and Taxation to charge regi stration fees for gambling devices and deposit the fees into a separa te fund. Subsection (g) was repealed by P.L. 19-024:9 (Oct. 17, 1988), divesting the Director of authority over this separate fund. The Gambling Device Fund itself was repealed P.L. 2 3-128:IV:13 (Dec. 12, 1996); the reference to '§ 6420 of Title 9' in this public law was a manifest typographical error and corrected by the C ompiler. P.L. 23- 128:13, provided: Section 13. Repeal and reversion of Gambling Device Fund. § 6420 of Title 9, Guam Code Annotated, is hereby r epealed and any and all remaining balances are reverted to the General Fund. All revenue previously earmarked into this Fu nd shall continue to be collected and credited to the Genera l Fund. P.L. 24-001:1 (Mar.

any and all remaining balances are reverted to the General Fund. All revenue previously earmarked into this Fu nd shall continue to be collected and credited to the Genera l Fund. P.L. 24-001:1 (Mar. 15, 1997) provided for the 'Rev ersion of Gambling Device Fund' and stated: 'any and all remaining bal ances of the Gambing Device Fund, repealed by P.L. 19-24, shall be reverted to the General Fund.' P.L. 24-001 also repealed Section 13 of P.L. 23-128, and added § 64.20 (a) through (e), using identical lang uage as had been added by P.L. 19-004:3. CROSS-REFERENCES: Hawaii Penal Code, §§ 712-1220(5) AGambling Device. @ COMMENT: Section 64.20, as enacted, differs from the Commis sion's proposal in that Subsection (a) refers to certain a uthorized exceptions COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 10 already contained in the Government Code of Guam al lowing possession of slot machines in certain instances. Further, the definition of Agambling device @ appeared to have been limited from the Commission' s proposal. The Commission proposed that a Agambling device @ means Aa device that, as a result of the insertion of money ... @.

Agambling device @ appeared to have been limited from the Commission' s proposal. The Commission proposed that a Agambling device @ means Aa device that, as a result of the insertion of money ... @. It is unclear whether this definition includes devices which have, as their op erating mechanism, electronics only and do not use mechanical wheels o r mechanical force, even though these machines operate in an identical fashion to the traditional mechanical slot machines. This Section is a great improvement over the Penal Code in that, for the first time, the mere possession of gambling devices is prohibited without any additional requirement that they actual ly be used for gambling. It is this grave deficiency of the Penal Code that has prohibited local authorities from seizing slot machines hereto fore due to lack of proof of their actual use of gambling devices, desp ite the obvious fact that they may be so used. Further, Subsection (c) p rovides for the forfeiture of such machines. COURT DECISIONS: SUPERIOR COURT, 1978. Import of statute is to hold liable one who has control, dominion and pe cuniary interest in a Agambling device, @ rather than such person's employee if such

s. COURT DECISIONS: SUPERIOR COURT, 1978. Import of statute is to hold liable one who has control, dominion and pe cuniary interest in a Agambling device, @ rather than such person's employee if such employe e has no such control, dominion or pecuniary interest . People v. Concepcion, Sup. Ct. Cr. #37-78 (Order, 06/27/78; Abbate, P.J. ) C.A.9 1981 Public Law 13-135, providing for a Agambling zone @ at the airport, provides only a limited exemption to 1 5 U.S.C. § 1172 and the exemptions were not applicable to the machines in this case. U.S. v. Various Slot Machines on Guam, 658 F.2d 697. § 64.21. Poker Machines and Video Lottery Terminals . A person commits a misdemeanor when he places or ca uses to be placed a poker machine or video lottery termi nal on or about the premises of any government building, or o n or about the premises of any government or private school. SOURCE: Added by P.L. 18-07:8 (July 8, 1985). § 64.22. Possession of Gambling Devices Prohibited; Penalty. (a) A person commits a misdemeanor when he possesse s a gambling device, whether operable or not, unless th e gambling device is located upon or is being transported by a vessel regularly operating and engaged

on commits a misdemeanor when he possesse s a gambling device, whether operable or not, unless th e gambling device is located upon or is being transported by a vessel regularly operating and engaged in domestic or fore ign commerce and is located in a locked compartment of the vessel and is not accessible for use and is not used or op erated within the jurisdiction of this territory. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 11 (b) As used in this Section gambling device has the same meaning as set forth in § 64.20 of this Chapter. (c) Any person possessing a gambling device in viol ation of this Section shall be guilty of a misdemeanor, and be subject to imprisonment, for not more than one year, a fine no t to exceed one Thousand Dollars ($1,000.00) for each gambling device, or with imprisonment or fine. (d) In addition to any other penalty provided by la w, any illegal gambling device in violation of this Sectio n shall be subject to the same seizure and forfeiture provisio ns for illegal importation under Section 64.20 of this Chapter. (e) Notwithstanding the provisions of this section, any poker machine now on Guam which was on Guam on the day immediately

ure provisio ns for illegal importation under Section 64.20 of this Chapter. (e) Notwithstanding the provisions of this section, any poker machine now on Guam which was on Guam on the day immediately preceding the effective date of this Ac t and which complied with territorial law as to possession on t he day immediately preceding the effective date of this Ac t may be shipped off-island or destroyed or disposed of with in six months of the effective date of this Act, without seizure or criminal penalties provided that such Poker Machine is not u sed for gambling or entertainment purposes after the effect ive date of this Act. The Guam Police Department shall monitor the shipment or disposal of such gambling devices. The Director of the Department of Revenue and Taxation shall cooper ate fully with the Guam Police Department in providing all pe rtinent records relative to poker machines in the territory . Any poker machines not shipped off-island within six months o r otherwise disposed of shall be subject to seizure in accordan ce with subsection (d) of this Title. SOURCE: Added by P.L. 19-004:4 (May 21, 1987). Repealed an d added by P.L. 19-24:10 (Dec. 17, 1988). § 64.23.

disposed of shall be subject to seizure in accordan ce with subsection (d) of this Title. SOURCE: Added by P.L. 19-004:4 (May 21, 1987). Repealed an d added by P.L. 19-24:10 (Dec. 17, 1988). § 64.23. Slot Machines. No section of this Act shall be construed to allow the operation of slot machines in the Territory of Guam . SOURCE: Added as uncodified law by P.L. 19-004:5 (May 21, 1987), originally codified by the Compiler as § 64.22A. Re codified to this section in accordance with the authority granted by 1 GCA §1606. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 12 1996 NOTE: ?This Act @ [P.L. 19-4] also dealt with gambling devices in the following sections: Sec. 2, repealing GC § 1920 0.5, exempting certain devices from provisions of 15 USC § 1172; S ec. 3, R/R 9 GCA § 64.20, importation of gambling devices; Sec. 4, add ing 9 GCA § 64.22, hours of operation of gambling places; Sec. 6, addi ng 9 GCA § 64.23, minors' entry to gambling places; Sec. 7, adding GC § 19200.02 requiring meters on poker machines, and Sec. 8, effective dat e for Section 7. 2014 NOTE: P.L. 19-004:6 (May 21, 1987) added a new § 64.23 w hich provided: § 64.23.

aces; Sec. 7, adding GC § 19200.02 requiring meters on poker machines, and Sec. 8, effective dat e for Section 7. 2014 NOTE: P.L. 19-004:6 (May 21, 1987) added a new § 64.23 w hich provided: § 64.23. (a) No minor shall enter a business establ ishment or place where there are gambling devices, as defined in 9 GCA § 64.20, which may be operated. However, minors may e nter business establishments or places where gambling de vices are segreaged by physical partitions from other amuseme nt devices and service areas as long as the minors do not enter th e areas where the gambling devices are operated. (b) Any business establishment or place which permi ts minors to enter in violation of Subsection (a) of t his Seciton may have their business license suspended for a period not to exceed thirty days upon the order of the Department of Rev enue and Taxation after a hearing held in accordance with th e Administrative Adjudication Act. (c) The manager or other person having authority ov er such business establishment or plac who operates in viol ation of this Section shall be guilty of a petty misdemeanor. This provision was repealed by P.L. 19-24:11 (Dec. 17, 1988).

ng authority ov er such business establishment or plac who operates in viol ation of this Section shall be guilty of a petty misdemeanor. This provision was repealed by P.L. 19-24:11 (Dec. 17, 1988). Section 64.22A was renumbered to § 64.23. ---------- ARTICLE 2 AUTHORIZED ACTIVITIES § 64.30. Social Gambling Defined & Permitted. § 64.40. Legal Cockfight Gambling Permitted. § 64.50. Authorization for Wagers. [Repealed] § 64.62. Rules and Regulations to Permit Games of C hance at the Guam Island Fair and Liberation Day Carnival. § 64.65. Amusement Devices. § 64.70. Organizations Authorized to Conduct Gambli ng: Permit Procedure. § 64.30. Social Gambling Defined & Permitted. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 13 Section 64.10 does not apply to making or accepting a wager upon the result of a game or contest when: (a) the game or contest takes place on private prem ises; (b) all the wagerers are present at that premise; (c) no charge is made directly or indirectly as a condition of entering the premises or wagering upon the result of the game or contest; and (d) nothing is sold, offered for sale or rented on the premises. SOURCE: *Cal. § 1555 (b) (2), (d) (1971).

a condition of entering the premises or wagering upon the result of the game or contest; and (d) nothing is sold, offered for sale or rented on the premises. SOURCE: *Cal. § 1555 (b) (2), (d) (1971). CROSS-REFERENCES: Hawaii Penal Code § 712-1231 - ASocial Gambling. @ COMMENT: § 64.30 is new. The purpose of this exception is t o exclude from criminal liability games played for mo ney in a private house where all profits and losses are shared by th e players. This type of game is a common social occurrence on Guam and has been conducted both clandestinely and openly, at places such as wa kes even though it is illegal under the Penal Code. Inclusion of such con duct within the criminal law tends to encourage disrespect for enfo rcement and the law itself. It might be noted that such games as craps and roulette are banking on percentage games and are not excluded by § 64.30 (a). The exceptions contained within Article II of this Chapter are not denominated as either Aaffirmative @ or regular defenses. Therefore, it will be assumed that a defendant would treat a claim of exception as a regular defense to a prosecution for gambling.

r are not denominated as either Aaffirmative @ or regular defenses. Therefore, it will be assumed that a defendant would treat a claim of exception as a regular defense to a prosecution for gambling. This is cont rary to the Hawaii Penal Code on the subject. § 64.40. Legal Cockfight Gambling Permitted, and Pe nalties for Non-Compliance. (a) Section 64.10 does not apply to making or accep ting a wager upon the result of a cockfight when: (1) the cockfight takes place at a licensed cockpi t; and (2) all the wagerers are present at the cockpit and are eighteen (18) years of age or more. (b) Penalties. The following penalties shall be est ablished, which shall be considered in conjunction with the p rovisions contained within § 64.10 of this Chapter, and shall apply to the COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 14 owner of said property and establishment being util ized for such activities: (1) for the first offense, a fine of Five Hundred Dollars ($500.00) shall be assessed; and (2) for a second offense and for each subsequent offense(s), a fine of Two Thousand Dollars ($2,000. 00) shall be assessed. SOURCE: *G.P.C. § 330. Repealed/reenacted by P.L. 26-52:2.

be assessed; and (2) for a second offense and for each subsequent offense(s), a fine of Two Thousand Dollars ($2,000. 00) shall be assessed. SOURCE: *G.P.C. § 330. Repealed/reenacted by P.L. 26-52:2. 2014 NOTE: Subsection designations in subsections (a) and (b ) were altered to adhere to the Compiler’s alpha-numeric s cheme in accordance with the authority granted by 1 GCA § 1606. COMMENT: § 64.40 continues the traditional exception found in the Penal Code by allowing wagering at the cockfights, provided that the persons wagering are present, not minors, and are a t a licensed cockpit. In 2001 The Legislature increased the penalties for vi olation of illegal cockfighting. § 64.50. Authorization for Wagers Pursuant to Title LXIV Government Code. [Repealed]. SOURCE: Added by P.L. 32-185 (Sept. 2, 1976), the new Crimi nal and Correctional Code, and codified to the Guam Code An notated. Repealed by P.L. 30-162:2 (July 16, 2010). § 64.55. [Repealed]. SOURCE: Added by P.L. 32-185 (Sept. 2, 1976), the new Crimi nal and Correctional Code, and codified to the Guam Code An notated. Repealed by P.L. 19-019:30 (Aug. 22, 1988). § 64.60. [Repealed]. SOURCE: Added by P.L. 32-185 (Sept.

Sept. 2, 1976), the new Crimi nal and Correctional Code, and codified to the Guam Code An notated. Repealed by P.L. 19-019:30 (Aug. 22, 1988). § 64.60. [Repealed]. SOURCE: Added by P.L. 32-185 (Sept. 2, 1976), the new Crimi nal and Correctional Code, and codified to the Guam Code An notated. Repealed by P.L. 19-019:32 (Aug. 22, 1988). COMMENT: Sections 64.50 through 64.60 states specific except ions from the gambling prohibitions for activity which a re authorized by various Chapters of the Government Code dealing wit h lotteries, Jai Alai, and dog racing. § 64.62. Rules and Regulations to Permit Games of C hance at the Guam Island Fair and Liberation Day Carnival. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 15 (a) Notwithstanding any other provision of law, rul e, or regulation to the contrary, the Mayors Council of G uam, with the Attorney General of Guam and the Director of the De partment of Revenue and Taxation, is hereby authorized to draft and submit to the Speaker of I Liheslaturan Guåhan , no later than sixty (60) days from the enactment of this Act, rules and regu lations to permit Games of Chance at the Guam Island Fair and Liberation Day Carnival upon a

er of I Liheslaturan Guåhan , no later than sixty (60) days from the enactment of this Act, rules and regu lations to permit Games of Chance at the Guam Island Fair and Liberation Day Carnival upon a proclamation by I Maga’hågan Guåhan . For the purpose of the rules and regulations author ized by this Section, 'Games of Chance' shall be limited to: (1) Carnival Games which for the purpose of this Section shall mean a game played for entertainment in which: (A) the contestant actively participates; (B) the outcome depends in a material degree upon the skill of the contestant; (C) only merchandise prizes are awarded; (D) the outcome is not in the control of the operator; and (E) the wagers are placed, the winners are determined, and a distribution of prizes or propert y is made in the presence of all persons placing wagers at such game; (2) Poker, to include, but not be limited to, Texas Hold’em; (3) Pusoy; (4) Baccarat; (5) Blackjack; (6) Monte; (7) Color Game; (8) Big & Small; (9) Beto Beto; and COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 16 (10) Bingo. (b) I Liheslaturan Guåhan may, by the passage of a bill into law, approve, disapprove, or amend the rules a nd

(9) Beto Beto; and COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 16 (10) Bingo. (b) I Liheslaturan Guåhan may, by the passage of a bill into law, approve, disapprove, or amend the rules a nd regulations permitted by this Section within thirty (30) calend ar days from the date of filing with the Speaker of I Liheslaturan Guåhan ; except , that any pending rules shall be deemed disapproved upon adjournment sine die of I Liheslaturan Guåhan . (c) The rules and regulations shall consist of, among other items, the following: (1) protocol for authorization; (2) a determination of how municipalities manage th e games of chance, including timelines; (3) a determination of how proceeds are split among municipalities; (4) a determination of how the funds will be expended; (5) a determination of how the games of chance and other vendors will be procured; (6) an identification of security protocol, includi ng how minors will not be impacted; (7) an identification of projected revenues; and (8) an identification of maintenance plans. SOURCE: Added by P.L. 16-120:27 (Dec. 17, 1982),amended by P.L. 18-040:64 (Nov. 6, 1986), and repealed by P.L. 34-0 15:2 (June 8, 2017).

cted revenues; and (8) an identification of maintenance plans. SOURCE: Added by P.L. 16-120:27 (Dec. 17, 1982),amended by P.L. 18-040:64 (Nov. 6, 1986), and repealed by P.L. 34-0 15:2 (June 8, 2017). Repealed and reenacted by P.L. 35-004:1 (April 3, 2 019). 2019 NOTE: Subsection designations altered pursuant to authori ty granted by 1 GCA § 1606. § 64.62.1. Mandatory Conditions. Rules and regulations permitted under § 64.62 must comply with the following: (a) The Director of the Department of Revenue and Taxation shall designate and require the physical presence COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 17 of a compliance agent during the operation of any G ames of Chance permitted by § 64.62 of this Article. (b) Any Games of Chance authorized under § 64.62 of this Article shall maintain the same hours of op eration as the Guam Island Fair and Liberation Day Carnival; except , that Games of Chance under § 64.62 may operate unti l 2:00 a.m. on Fridays and Saturdays, and any night prior to an official federal or Guam holiday during the time pe riod authorized by Subsection (c) of this Section.

e under § 64.62 may operate unti l 2:00 a.m. on Fridays and Saturdays, and any night prior to an official federal or Guam holiday during the time pe riod authorized by Subsection (c) of this Section. (c) Games of Chance permitted under § 64.62 of this Article shall begin no earlier than the opening day of the Guam Island Fair and Liberation Day Carnival, and shall cease operations no later than sixty (60) days from the date of the opening day. SOURCE: Added by P.L. 35-004:2 (April 3, 2019). § 64.62.2. Financial Reports Required. The Mayors Council of Guam shall be subject to an a udit by the Office of Public Accountability (OPA) within th irty (30) days of completion of the Guam Island Fair and Libe ration Day Carnival. All financial documents that are required for this audit shall be submitted by the Mayors Council of Guam to the OPA, or the activities permitted under § 64.62 shall be suspended. The OPA shall publish the audit and submit its report t o the Speaker of I Liheslaturan Guåhan. SOURCE: Added by P.L. 35-004:3 (April 3, 2019). § 64.65. Amusement Devices. Section 64.10 does not apply to the making or accep ting of a wager on amusement devices licensed pursuant to 1 1 GCA

åhan. SOURCE: Added by P.L. 35-004:3 (April 3, 2019). § 64.65. Amusement Devices. Section 64.10 does not apply to the making or accep ting of a wager on amusement devices licensed pursuant to 1 1 GCA § 22202; provided that § 64.10 shall apply to the mak ing or accepting of a wager on an amusement device license d pursuant to 11 GCA § 22202 if such device is located on or a bout the premises of any government building, located on or about the premises of any government or private school, or if such amusement device is operated by a person under the age of eighteen (18) years. SOURCE: Added by P.L. 18-07:6 (July 8, 1985). COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 18 § 64.70. Organizations Authorized to Conduct Gambli ng: Permit Procedure. (a) Sections 64.10 and 64.20 do not apply to gambli ng activities sponsored, promoted and conducted by an organization which has been issued a permit to conduct such acti vities pursuant to Subsection (c). (b) A permit to conduct gambling activities shall b e issued by the Director of the Department of Revenue and Ta xation if: (1) the organization which applies for the permit h as been organized and functioning actively as a nonpro

g activities shall b e issued by the Director of the Department of Revenue and Ta xation if: (1) the organization which applies for the permit h as been organized and functioning actively as a nonpro fit organization in the Territory for not less than two (2) years prior to filing its application and is: (A) a church or religious organization; (B) a fraternal or fraternal benefit society; (C) an educational or charitable organization; or (D) a club or organization organized and operated exclusively for pleasure, recreation and other nonp rofit purposes not part of the net earnings of which inur es to the benefit of any member or shareholder; (2) the promotion and management of such bingo games or lottery (raffle tickets) are confined sole ly to the qualified members of the sponsoring organization, n o member of which receives remuneration in any form f or time or effort devoted to the promotion and managem ent of the bingo games or lottery (raffle tickets); and (3) all net proceeds derived from such gambling activities are used exclusively for the purposes st ated in the sponsoring organization's application to conduct su ch activities, which purposes shall be limited to educ

s derived from such gambling activities are used exclusively for the purposes st ated in the sponsoring organization's application to conduct su ch activities, which purposes shall be limited to educ ational, charitable, religious, fraternal or civic purposes. (c) (1) An organization which meets the requiremen ts of Subsection (b) and which desires to conduct or oper ate gambling activities shall apply for a permit to con duct such activities from the Director of the Department of R evenue and Taxation. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 19 (A) The application form shall include: (i) the name and address of the applicant; (ii) the evidences on which the applicant relies in order to qualify under Subsection (b); (iii) the names of three (3) officers or members of the organization who shall be responsible for the operation of the gambling activities; (iv) the address of the premises on which the operation of the gambling activities will be held; and (v) the uses to which the net proceeds will be applied. (B) Upon receipt of such application the Director shall determine whether it is in conformity with th is Section.

activities will be held; and (v) the uses to which the net proceeds will be applied. (B) Upon receipt of such application the Director shall determine whether it is in conformity with th is Section. (i) If so, the Director shall forthwith issue a permit. The permit shall be valid for one (1) year from the date of its issuance. The Director shall retain a copy of the application. (ii) If there is any change subsequent to the making of the application for a permit in the facts set forth therein, the applicant shall forthwith notify the Director of such change, and the Director shall issue a permit if the applicant is qualified, or, if a permit has already been issued and the change in the facts set forth in the application disqualify the applicant, the Director shall revoke such permit. (2) If an application for a permit to conduct gambl ing activities is not acted upon within thirty (30) day s after submission, or if the organization is denied a perm it, or if a permit is revoked, any person named on the applicat ion may obtain a judicial review of such inaction, refusal or COL6/5/20199 GCA C RIMES & CORRECTIONS CH.

organization is denied a perm it, or if a permit is revoked, any person named on the applicat ion may obtain a judicial review of such inaction, refusal or COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 20 revocation by filing a petition for review in the S uperior Court. (A) Such petition for review shall be filed within ten (10) days of the refusal or revocation of a per mit or within ten (10) days of the expiration of the thirt y (30) day period. (B) If the court is satisfied that there was no reasonable ground for refusing a permit and that th e applicant was not prohibited by law from holding gambling activities, he may direct that such permit be issued. (d) The Director shall immediately revoke a permit in case of violation of any provision of this Section, and the Director shall not issue any permit to such permittee within three (3) years following the date of such violation. (1) Any person aggrieved by such action may appeal to the Superior Court provided that such appeal is fil ed within twenty (20) days following receipt of notification by the Director. (2) The court shall hear all pertinent evidence and determine the facts; upon the facts so determined t he

appeal is fil ed within twenty (20) days following receipt of notification by the Director. (2) The court shall hear all pertinent evidence and determine the facts; upon the facts so determined t he court shall annul such action or make such decision as eq uity may require. This remedy shall be exclusive. (e) (1) An organization which is issued a permit s hall submit a report to the Director on a form to be app roved by him within thirty (30) days of the expiration of th e permit. Such form shall require information concerning the nature of the gambling activities held, the amount of mone y received, the expenses incurred in connection with such activities, the net proceeds of such activities, an d the uses to which the net proceeds were applied. (2) The organization shall maintain and keep such books and records as may be necessary to substantia te the particulars of such report; such books and records shall be preserved for at least one (1) year after such repo rt is submitted and shall be available for inspection. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 21 (3) The report shall be certified to by the three ( 3) persons designated in the permit application as res

shall be available for inspection. COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 21 (3) The report shall be certified to by the three ( 3) persons designated in the permit application as res ponsible for such gambling activities and by an accountant. (4) Failure to file such a report shall constitute sufficient grounds for refusal to renew a permit to conduct gambling activities. (f) As used in this Section: (1) Bingo Games means a specific game of chance, commonly known as bingo, in which prizes are awarde d on the basis of designated numbers or symbols on a car d conforming to numbers or symbols selected at random ; (2) Lottery (Raffle Tickets) means a plan whereby prizes are distributed by chance among persons who have paid or promised to pay anything of monetary value for a chance to win a prize; and (3) Gambling Activities means either a lottery (raf fle tickets) or bingo games and does not include any fo rm of casino gambling. (g) Notwithstanding any other law, rule or regulati on, a non-profit tax exempt organization issued a permit pursuant to Subsection (c) may conduct bingo operations on any premises where it is authorized to do so by the Department o f Revenue

regulati on, a non-profit tax exempt organization issued a permit pursuant to Subsection (c) may conduct bingo operations on any premises where it is authorized to do so by the Department o f Revenue and Taxation, regardless of whether the premises is owned or leased by it or another non-profit tax exempt organ ization. However, the use of such premises shall not be conditioned on the payment of a share of bingo proceeds. (h) Notwithstanding any other law, rule or regulati on, a bingo licensee, as that term is used in Title 3 GAR Chapter 7, is required to own all equipment used to conduct the b ingo games or lease such equipment from an organization licens ed with the Department of Revenue and Taxation (DRT). However, the use of such premises shall not be conditioned on the payment of a share of bingo proceeds. (i) Notwithstanding any other law, rule or regulati on, a bingo licensee, as that term is used in Title 3 GAR Chapter 7, shall file an annual itemized report with the Gaming Con trol COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 22 Commission each year disclosing the gross receipts and all expenses and expenditures associated with the opera tion of the bingo games.

trol COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 22 Commission each year disclosing the gross receipts and all expenses and expenditures associated with the opera tion of the bingo games. Such report shall be filed on or before April 15th of every year. The report must be prepared on the f orm prescribed and provided by the Gaming Control Commi ssion. (j) Notwithstanding any other law, rule or regulati on, no person or organization may receive any money or oth er consideration for salary, expense money, or any oth er fees for the operation of or assistance with regard to any b ingo game, except that a member or auxiliary member of the lic ensed non- profit tax exempt organization who assists in the c onducting of such games on such day shall be compensated based on the prevailing wages according to the member’s position . SOURCE: G.P.C. §§ 319-329. Subsection (b)(2) repealed and reenacted by P.L. 14-140:32 (Aug. 31, 1978); subsection (f) a dded by P.L. 14- 140:31 (Aug. 31, 1978). Subsection (c)(1)(A) amende d by P.L. 34-152:1 (Dec. 28, 2018). Subsections (g), (h), (i) and (j) added by P.L. 34-152:2, 3, 4, 5 (Dec. 28, 2018).

ction (f) a dded by P.L. 14- 140:31 (Aug. 31, 1978). Subsection (c)(1)(A) amende d by P.L. 34-152:1 (Dec. 28, 2018). Subsections (g), (h), (i) and (j) added by P.L. 34-152:2, 3, 4, 5 (Dec. 28, 2018). COMMENT: Section 64.70 continues and expands the exception and registration requirements, which permits the conduc t of gambling by certain charitable, fraternal, educational or relig ious organizations. However, there have been significant changes made. It is the Director of Revenue and Taxation who now issues the required pe rmit, not the Governor. Also, if a permit is denied or delayed fo r longer than thirty (30) days judicial review is permitted. 2019 NOTE: P.L. 34-152:6 (Dec. 28, 2018) provides tha t The Department of Revenue and Taxation shall, within th irty (30) days of enactment of this Act, promulgate rules and regulat ions or amend existing rules and regulations to enforce the provi sions of this Act. 2017 NOTE: Subsection/subitem designations altered/added sub sections (c), (d), and (e) pursuant to authority of 1 GCA § 1606. 2014 NOTE: Prior print publications of the GCA have included the following language in the Comment: Section 64.70 provides that certain gambling

), (d), and (e) pursuant to authority of 1 GCA § 1606. 2014 NOTE: Prior print publications of the GCA have included the following language in the Comment: Section 64.70 provides that certain gambling activ ities are not punishable if sponsored, promoted and conducted by an organization which has been issued a permit to cond uct such activities. Subsection (f) defines the types of gam bling activities in question. Section 64.70(b) sets forth the circumstances under which the Director of the Department of Revenue and Taxation shall issue permits to conduct gambling activities. The amendme nt to COL6/5/20199 GCA C RIMES & CORRECTIONS CH. 64 GAMBLING 23 Subsection (b)(2) deleted the words Agambling activities @ each time they appeared in the subsection, and substituted in their place the words Abingo games or lottery (raffle tickets) @. This language has been moved to a Note annotation, as the Comments in this Chapter are the original annotations from the Criminal and Correctional Code (1977), enacted by P.L. 32-185 (S ept. 2, 1976). ---------- COL6/5/2019