A. Any person who owns or operates any amusement game or carnival game, whether skill or chance, coin, token or direct pay-to-play, and who knowingly and intentionally fraudulently obtains money or other items of value from another by means of any hidden mechanical device, deception or deceptive objects, manipulation, sleight-of-hand, trickery, obstruction, randomly selected or enforced rules, whether posted or verbalized, or by any other fraudulent means with intent to diminish or defeat the opportunity of any patron or player to win a prize or accomplish the intended object of the game, upon conviction, shall be guilty of a misdemeanor punishable pursuant to Section 5 of this act.

B. Any person who knowingly and intentionally owns, operates, or as a carnival owner or employee, knowingly and intentionally books-in, contracts, or provides space for, any game at a fair or carnival of a type known as razzle, flat store, or alibi game, or games operated in a manner violating the Amusement and Carnival Games Act, upon conviction, shall be guilty of a misdemeanor punishable pursuant to Section 5 of this act, with said game to be confiscated as contraband.

C. As used in the Amusement and Carnival Games Act:

1. "Razzle" or "flat store" means any game, whether skill or chance, in which the player pays money or other valuable consideration in return for the opportunity to make successive attempts to obtain points by use of dice, darts, marbles, numbered ping-pong balls, pins, blocks, conversion charts or other implements, and where such points are accumulated in successive games by the player toward a total number of points, miles or yards, or other increments, determined by the game operator, which is required for the player to win a prize or other valuable consideration; and

2. "Alibi game" means any game, whether skill or chance, in which the game operator controls or affects the outcome of the game, winners or losers, by enforcing foul lines, release lines, and rules selected and enforced randomly, and at will, whether posted or verbalized, during actual pay-to-play by the player, while not enforcing these same foul lines, release lines and rules during the player's free shots or free plays allowed during demonstration of how the game is played, as an enticement to the player. Further, "alibi game" means any game, whether skill or chance, in which the operator controls or affects the outcome of the game, winners or losers, by off-setting or manipulating balls, pins, bottles or other implements, or any other means of trickery or deception to cheat or defeat the player, or void the player's win.

Added by Laws 1994, c. 199, § 2, eff. Sept. 1, 1994.