Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 39 of 47
permits the operation of a gambling place 21 ; or
b. For gain, receives, records or forwards a bet or offer to bet or, with intent to receive, record or forward a bet or offer to bet, possesses facilities to do so; or c. For gain, becomes a custodian of anything of value bet or offered to be bet; or d. Conducts a lottery 22 where both the consideration and the prize are money, or with intent to conduct such a lottery, possesses facilities to do so; or e. Sets up for use for the purpose of gambling or collects the proceeds of any gambling machine 23 ; or f. For gain, maintains in this state any record, paraphernalia, tickets, certificates, bills, slip, token, paper, writing or other device used, or to be used, or adapted, devised or designed for use in gambling; or g. For gain, uses a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet. 160. Wisconsin strictly construes its general ban on gambling, repeatedly 21 A “Gambling Place” is any building or tent, any vehicle (whether self-propelled or not) or any room within any of them, one of whose principal uses is any of the following: making and settling bets; receiving, holding, recording or forwarding bets or offers to bet; conducting lotteries; or playing gambling machines. Wis. Stat. § 945.01(4)(a). 22 A “lottery” is an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. Wis. Stat. § 945.01(5)(a). 23 A “gambling machine” is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award is determined by chance, even though accompanied by some skill and whether or not the prize is automatically paid by the machine. Wis. Stat. § 945.01(3)(a).
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