MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Gaming
By: Representative Bennett
AN ACT TO AMEND SECTION 97-33-8, MISSISSIPPI CODE OF 1972, TO MAKE IT UNLAWFUL FOR ANY PERSON OR ENTITY TO SELL CERTAIN "SCRATCH AND WIN" CARDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-33-8, Mississippi Code of 1972, is amended as follows:
97-33-8. (1) The provisions of this section are intended to clarify that the operation of "Internet sweepstakes cafes" is an illegal gambling activity under state law.
(2) It shall be unlawful for any person or entity to
possess, own, control, display, operate or have a financial interest in an electronic video monitor that:
(a) (i) Is offered or made available to a person to play or participate in a simulated gambling program in return for direct or indirect consideration, including consideration associated with a product, service or activity other than the simulated gambling program; and
( * * *ii) The person who plays or
participates in the simulated gambling program may become eligible to win,
redeem or otherwise obtain a cash or cash-equivalent prize, whether or not the
eligibility for or value of the prize is determined by or has any relationship
to the outcome or play of the program.
(b) Sell cards, tokens, chips or similar items that entitle a person to prepaid long distance or cellular telephone service or telephone calling time, or other products or services unrelated to a simulated gambling program, and that are attached to, accompanied by or part of a scratch pad, bar code or similar item that the person may use to win, redeem or otherwise obtain anything of value greater than the amount paid for the card, token, chip or other item.
(3) As used in this section, the following words and phrases shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a) "Simulated gambling program" means any method intended to be used by a person playing, participating or interacting with an electronic video monitor that is offered by another person or entity; that directly or indirectly implements the predetermination of a cash or cash-equivalent prize, or otherwise connects the player with the cash or cash-equivalent prize; and that is not legal under the Mississippi Gaming Control Act.
(b) "Consideration associated with a product, service or activity other than the simulated gambling program" means money or other value collected for a product, service or activity that is offered in any direct or indirect relationship to playing or participating in the simulated gambling program. The term includes consideration paid for Internet access or computer time, or a sweepstakes entry.
(c) "Electronic video monitor" means any unit, mechanism, computer or other terminal, or device that is capable of displaying moving or still images.
(4) Any person or entity violating the provisions of this section, upon conviction, shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00) or imprisoned for not less than one (1) year, or both.
(5) The provisions of this section shall not apply to:
(a) Any lawful activity that is conducted for the primary purpose of entertaining children under the age of eighteen (18) years, during which money is paid for a token or chip that is used to play an electronic or other game, with the winner of the game earning tickets that can be exchanged for prizes;
(b) Any lawful marketing promotion, contest, prize or sweepstakes that is designed to attract consumer attention to a specific product or service which is offered for sale by the manufacturer, distributor, vendor or retailer of the product or service; or
(c) Any promotional activity as defined in Section 75-76-5 that is conducted by a gaming licensee.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.