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Stan Fox
Stan Fox is an accomplished author specializing in legal gambling content and US gambling laws. With a deep understanding of the intricate regulatory landscape, he combines his passion for writing with his expertise in the field to provide readers with informative and engaging articles. He has been writing for LetsGambleUSA.com since 2019.

Until the 1980s, regulated gambling in Oregon was limited to parimutuel betting on live racing, primarily at the Portland Meadows racetrack, which opened in 1946 and closed in 2019. In 1984, two thirds of voters authorized the establishment of a lottery at that year's general election. The subsequent decade saw a major shift in the gambling landscape, which included the establishment of tribal casinos and the legalization of video lottery terminals (VLTs) and video poker.

Oregon State Flag

Oregon was one of a handful of states exempted from PASPA, the federal ban on sports betting that was defanged by the US Supreme Court in 2018. That's because it had already authorized a form of athletics wagering via the state lottery at the time of PASPA's enactment.

The state launched full-fledged sports betting in 2019, online via the Oregon Lottery, and live at its nine tribal casinos.

Oregon Unlawful Gambling

Oregon law defines gambling as “staking or risking something of value upon the outcome of a contest of chance or future contingent event not under control of actor, upon agreement that actor would receive something of value in the event of a certain outcome.”

Unlike some states, Oregon's law makes it clear that the act of participating in an illegal game is unlawful. Oregon Revised Statutes 162.122 states:

A person commits the crime of unlawful gambling in the second degree if the person knowingly:

(a) Places a bet with a bookmaker; or

(b) Participates or engages in unlawful gambling as a player.

The above infractions are classified as a Class A misdemeanor which comes with a maximum sentence of one year imprisonment and a maximum fine of $6,250. However, this law has never been enforced against players who gamble on offshore sites, and state authorities have shown no interest in going after residents who gamble online from the privacy of their own homes.

All gambling-related matters are covered by Oregon Revised Statutes 167.108 et seq. and 462.010 et seq. The minimum gambling age is 18 for lottery games, and parimutuel betting, and 21 for casino games and poker.

AllowedNotes
Land-based gamblingYesTribal casinos, VLTs, horse race betting
Online gambling NoMobile sports betting legal
LotteryYes
Charitable gaming Yes
Minimum gambling age18 (lottery, parimutuel, charitable), 21 (casino, poker)

Online Gambling in Oregon

The only regulated online gambling available in Oregon is mobile sports betting via the Oregon Lottery's DraftKings app and online horse wagering via apps like TwinSpires. Residents also have access to daily fantasy sports sites.

The state has not authorized online casino gaming or online poker and there is little indication that it will pass any laws to do so in the near future.

Nevertheless, many offshore operators do accept bets from Oregon residents and no one has ever been prosecuted in the state, or anywhere else in America, for playing online.

Online gambling sites are mentioned in Section 167 of the Oregon statutes. According to the current regulations, accepting payments related to unlicensed internet gambling activities is a felony.

Oregon Casinos

Oregon is home to nine federally recognized Indian tribes, all of which eventually signed gaming compacts with the state after the enactment the federal Indian Regulatory Gaming Act in 1988, which codified tribal gaming rights in the US.

In 1993, the Cow Creek Band was the first tribe to convert its modest bingo hall into a class III casino following successful negotiations with the state.

Today, eight tribes operate ten casinos. Eight of these venues are full-fledged class III casinos, offering a full range of slots and table games. The remaining two are class II facilities that mainly host electronic bingo machines.

Oregon has resisted efforts to legalize commercial off-reservation casinos, including proposals by existing tribal operators.

One proposal for commercial casinos went as far as the 2012 ballot but was rejected by an overwhelming 71% of voters.

Oregon VLTs

Oregon used to be home to a massive unregulated video poker industry, with as many as 6,000 machines operating with no licenses in bars and restaurants across the state in the late 80s. The state legalized these terminals in 1989, hoping to claim some of the revenue, but abandoned this plan in 1991, issuing a blanket ban instead.

This allowed the Oregon Lottery to move in with its own terminals, with the first games deployed in 1992. At this time, Oregon's video poker lottery terminal network was the first centrally controlled gaming system in America.

Slots were added to the mix in 2005. These weren't just 'slots-like' parimutuel games. Oregon, with South Dakota, is one of just two states that employs class III gaming technology (random number generators) in their VLTs, which means they compete against a house edge rather than other lottery players, just like Las Vegas-syle slots.

The machines have become the biggest revenue-earner for the lottery by far, generating a staggering $1.2 billion in 2022, eclipsing draw ticket sales more than fivefold.

The machines, installed in bars and restaurants throughout the state, are capped at five for each location.

Oregon Parimutuel Betting

Oregon legalized parimutuel betting on horse and dog racing in 1933, creating the Oregon Racing Commission to regulate the industry. The state's primary racetrack, Portland Meadows, opened in 1946.

In 1992, in order to support the ailing industry, the legislature legalized historical horse racing machines (HHRs) at racetracks. Ultimately, this wasn't enough to save Portland Meadows, which ran its last race in 2019.

That left Grant's Pass Downs, a former fairs track, as the sole commercial license holder in the state. Owner Travis Boersma's efforts to revive thoroughbred racing in the state seemingly fell short when the state denied him permission to host the 225 HHRs he claimed would be necessary to sustain the track. While Grant's Pass was still offering some live racing in 2023, its future is uncertain.

In 1997, Oregon became one of the first states to permit betting "hubs" -- online OTBs that accepted out-of-state wagers on races across the US. Advance-deposit wagering hubs were introduced two years later.

Oregon Poker

Two of the state's tribal casinos operate poker rooms: the Wildhorse Resort & Casino in Pendleton and the Three Rivers Casino Resort in Florence. Oregon also houses 15 licensed poker clubs, most of which are located in Portland or Eugene.

The legal status of these clubs is complicated because they operate with the approval of city officials under Oregon's social gaming laws but against the wishes of the state government and Lottery officials. Such disputes tend to yield rather explosive results, and in 2018, the lottery revoked Portland Meadows’ Video Lottery Terminal contract because of the poker games that were offered there.

"Social" poker clubs are not permitted to take a rake, act as the bank, or even employ professional dealers, since games must be played "between players."

Oregon has not passed legislation authorizing online poker, although some residents choose to play on offshore poker sites in Oregon.

Oregon Sports Betting

Oregon was exempted from 1992's Professional and Amateur Sports Protection Act (PASPA), which banned sports betting on a federal level. That's because, three years earlier, the Oregon Lottery had begun offering a sports lottery game called "Sports Action." This allowed players to bet on the NFL by choosing between four and 14 games per week and picking the correct team, based on a point spread, in every game. Sports Action was discontinued in 2007.

Despite it being legal for the state to offer sports lottery-style games, Oregon had political concerns and waited until the US Supreme Court overturned PASPA in 2018 before it made another foray into sports betting.

Full-blown sports betting officially launched online in Oregon via the Lottery's Scoreboard app and in-person at tribal casinos in November 2019. In 2021, the Lottery shut down Scoreboard and began using DraftKings as the state’s only online sportsbook.

Oregon Daily Fantasy Sports

An effort by lawmakers to legalize daily fantasy sports floundered in 2017, leaving the contests to exist in something of a gray legal area under the assumption that they are legal games of skill. Neither legislature nor the Oregon Attorney General's Office has sought to challenge that assumption, which means most of the major DFS sites operate in the market.

With one exception. DraftKings opted to pull out of Oregon's DFS market when it was awarded the state sports betting contract, leaving it free for FanDuel domination.

Oregon Lotteries

The Oregon Lottery is a gambling powerhouse in the Beaver State. Aside from traditional local and multi-state draw games, such as Mega Millions and Powerball, it also has jurisdiction over more than 12,000 VLTs and is allowed to introduce its own games. Unfortunately, none of these gambling products are available online. The lottery recently launched a mobile app, but it’s currently used for information purposes only.

Oregon Bingo

Bingo games are legal in Oregon as long as they’re operated by licensed charitable, fraternal, or religious organizations. Anything else constitutes unlawful gambling, which means that Oregon residents don’t have any state-sanctioned online bingo platforms to play on.

Oregon Gambling FAQ

Does Oregon have casinos?

Yes, Oregon has ten tribal casinos, eight of which are class III venues, which means they offer a full range of slots and table games.

Can I play slots in Oregon?

Yes, in Oregon you can find slots at bars and restaurants, as well as inthe state's tribal casinos.

How do Oregon's Video Lottery Terminals work?

Oregon's video lottery terminals (VLTs) are essentially class III slots with random-number generators that are played against the house. This means they are akin to Las Vegas-style machines, rather than the VLTs you find in most other states.

Does Oregon have any non-tribal casinos?

No, Oregon has never legalized commercial casinos, but it does allow slot machines in bars and restaurants.

Is sports betting legal in Oregon?

Yes, the Oregon Lottery offers statewide mobile sports betting via its DraftKings app and land-based sportsbooks are available at tribal casinos.

Is online gambling legal in Oregon?

With the exception of online sports betting and parimutuel horse betting, there is no legal online gambling in Oregon. Online casinos and poker sites are unregulated.

Is DFS legal in Oregon?

Oregan has never legalized DFS, but most major operators offer their services to players in the state, with the exception of DraftKings.

Does Oregon have a lottery?

Yes, the Oregon lottery offers intrastate and multi-state draw games, such as Mega Millions and Powerball, as well as keno and scratch-off tickets. There are no online sales, so tickets must be purchased from licensed land-based venues. The lottery also operates thousands of slots stationed in bars and restaurants throughout the state.

 

Oregon Revised Statutes

Chapter 30 — Actions and Suits in Particular Cases

30.740 Right of gambling loser to recover double losses. All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so lost.

GAMBLING OFFENSES

161.635 Fines for misdemeanors.

(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) $6,250 for a Class A misdemeanor.

(b) $2,500 for a Class B misdemeanor.

(c) $1,250 for a Class C misdemeanor.

(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.

(4) This section does not apply to corporations.

161.655 Fines for corporations.

(1) A sentence to pay a fine when imposed on a corporation for an offense defined in the Oregon Criminal Code or for an offense defined outside this code for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) $50,000 when the conviction is of a felony.

(b) $5,000 when the conviction is of a Class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment of more than six months is authorized.

(c) $2,500 when the conviction is of a Class B misdemeanor or of an unclassified misdemeanor for which the authorized term of imprisonment is not more than six months.

(d) $1,000 when the conviction is of a Class C misdemeanor or an unclassified misdemeanor for which the authorized term of imprisonment is not more than 30 days.

(2) A sentence to pay a fine, when imposed on a corporation for an offense defined outside the Oregon Criminal Code, if a special fine for a corporation is provided in the statute defining the offense, shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the offense.

(3) If a corporation has gained money or property through the commission of an offense, then upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under subsection (1) or (2) of this section, may sentence the corporation to pay an amount, fixed by the court, not exceeding double the amount of the corporation’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.

167.108 Definitions for ORS 167.109 and 167.112.

As used in ORS 167.109 and 167.112:

(1) "Credit" and "credit card" have the meaning given those terms under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1601).

(2) "Electronic funds transfer" has the meaning given that term in ORS 293.525.

(3) "Financial institution" has the meaning given that term in ORS 706.008.

(4) "Money transmission" has the meaning given that term in ORS 717.200. [2001 c.502 §4]

167.109 Internet gambling.

(1) A person engaged in an Internet gambling business may not knowingly accept, in connection with the participation of another person in unlawful gambling using the Internet:

(a) Credit, or the proceeds of credit, extended to or on behalf of such other person, including credit extended through the use of a credit card;

(b) An electronic funds transfer or funds transmitted by or through a money transmission business, or the proceeds of an electronic funds transfer or money transmission service, from or on behalf of the other person;

(c) Any check, draft or similar instrument that is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or

(d) The proceeds of any other form of financial transaction that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person.

(2) Violation of subsection (1) of this section is a Class C felony.

167.112 Liability of certain entities engaged in certain financial transactions.

Notwithstanding any other provision of law, a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic funds transfer may be initiated, money transmission business or any national, regional or local network utilized to effect a credit transaction, electronic funds transfer or money transmission service that is not liable under ORS 167.109:

(1) May collect on any debt arising out of activities that are illegal under ORS 167.109;

(2) Shall not be deemed to be participating in any activities that are illegal under ORS 167.109 by reason of their processing transactions arising out of such activities or collecting debts arising out of such activities; and

(3) Shall not be liable under any provision of ORS 166.715 to 166.735 or 646.605 to 646.652 by reason of their processing transactions arising out of activities that are illegal under ORS 167.109 or collecting debts arising out of such activities.

167.114 Application of ORS 167.109 and 167.112 to Oregon Racing Commission.

ORS 167.109 and 167.112 do not apply to activities licensed and regulated by the Oregon Racing Commission under ORS chapter 462.

167.116 Rulemaking.

1) The Oregon State Lottery Commission shall adopt rules to carry out the provisions of ORS 167.117 (9)(c)(E) and (20)(b).

(2) Devices authorized by the Oregon State Lottery Commission for the purposes described in ORS 167.117 (9)(c)(E) and (20)(b) are exempted from the provisions of 15 U.S.C. 1172.

167.117 Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530.

As used in ORS 167.108 to 167.164 and 464.270 to 464.530, unless the context requires otherwise:

(1) "Bingo or lotto" means a game, played with cards bearing lines of numbers, in which a player covers or uncovers a number selected from a container, and which is won by a player who is present during the game and who first covers or uncovers the selected numbers in a designated combination, sequence or pattern.

(2) "Bookmaker" means a person who unlawfully accepts a bet from a member of the public upon the outcome of a future contingent event and who charges or accepts a percentage, fee or vigorish on the wager.

(3) "Bookmaking" means promoting gambling by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

(4) "Casino game" means any of the traditional gambling-based games commonly known as dice, faro, monte, roulette, fan-tan, twenty-one, blackjack, Texas hold-’em, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panquinqui, red dog, acey-deucey, or any other gambling-based game similar in form or content.

(5)

(a) "Charitable, fraternal or religious organization" means any person that is:

(A) Organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or other nonprofit purposes; and

(B) Exempt from payment of federal income taxes because of its charitable, fraternal or religious purposes.

(b) The fact that contributions to an organization profiting from a contest of chance do not qualify for a charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1986, as amended, constitutes prima facie evidence that the organization is not a bona fide charitable, fraternal or religious organization.

(6) "Contest of chance" means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

(7) "Gambling" means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. "Gambling" does not include:

(a) Bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.

(b) Engaging in contests of chance under the following conditions:

(A) The contest is played for some token other than money;

(B) An individual contestant may not purchase more than $100 worth of tokens for use in the contest during any 24-hour period;

(C) The tokens may be exchanged only for property other than money;

(D) Except when the tokens are exchanged for a beverage or merchandise to be consumed on the premises, the tokens are not redeemable on the premises where the contest is conducted or within 50 miles thereof; and

(E) Except for charitable, fraternal or religious organizations, no person who conducts the contest as owner, agent or employee profits in any manner from operation of the contest.

(c) Social games.

(d) Bingo, lotto or raffle games or Monte Carlo events operated in compliance with ORS 167.118, by a charitable, fraternal or religious organization licensed pursuant to ORS 167.118, 464.250 to 464.380 and 464.420 to 464.530 to operate such games.

(e) Savings promotion raffles, as defined in section 2 of this 2015 Act.

(8) "Gambling device" means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of unlawful gambling, whether it consists of gambling between persons or gambling by a person involving the playing of a machine. Lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices within this definition. Amusement devices other than gray machines, that do not return to the operator or player thereof anything but free additional games or plays, shall not be considered to be gambling devices.

(9)

(a) "Gray machine" means any electrical or electromechanical device, whether or not it is in working order or some act of manipulation, repair, adjustment or modification is required to render it operational, that:

(A) Awards credits or contains or is readily adaptable to contain, a circuit, meter or switch capable of removing or recording the removal of credits earned by a player, other than removal during the course of continuous play; or

(B) Plays, emulates or simulates a casino game, bingo or keno.

(b) A device is no less a gray machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on the basis other than chance.

(c) "Gray machine" does not include:

(A) Any device commonly known as a personal computer, including any device designed and marketed solely for home entertainment, when used privately and not for a fee and not used to facilitate any form of gambling;

(B) Any device operated under the authority of the Oregon State Lottery;

(C) Any device manufactured or serviced but not operated in Oregon by a manufacturer who has been approved under rules adopted by the Oregon State Lottery Commission;

(D) A slot machine;

(E) Any device authorized by the Oregon State Lottery Commission for:

(i) Display and demonstration purposes only at trade shows; or

(ii) Training and testing purposes by the Department of State Police; or

(F) Any device used to operate bingo in compliance with ORS 167.118 by a charitable, fraternal or religious organization licensed to operate bingo pursuant to ORS 167.118, 464.250 to 464.380 and 464.420 to 464.530.

(10) "Handle" means the total amount of money and other things of value bet on the bingo, lotto or raffle games, the value of raffle chances sold or the total amount collected from the sale of imitation money during Monte Carlo events.

(11) "Internet" means an interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to a World Wide Web page, newsgroup, message board, mailing list or chat area on any interactive computer service or system or other online service.

(12) "Lottery" or "policy" means an unlawful gambling scheme in which:

(a) The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones;

(b) The winning chances are to be determined by a drawing or by some other method; and

(c) The holders of the winning chances are to receive something of value.

(13) "Monte Carlo event" means a gambling event at which wagers are placed with imitation money upon contests of chance in which players compete against other players or against the house. As used in this subsection, "imitation money" includes imitation currency, chips or tokens.

(14) "Numbers scheme or enterprise" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event otherwise unrelated to the particular scheme.

(15) "Operating expenses" means those expenses incurred in the operation of a bingo, lotto or raffle game, including only the following:

(a) Salaries, employee benefits, workers’ compensation coverage and state and federal employee taxes;

(b) Security services;

(c) Legal and accounting services;

(d) Supplies and inventory;

(e) Rent, repairs, utilities, water, sewer and garbage;

(f) Insurance;

(g) Equipment;

(h) Printing and promotions;

(i) Postage and shipping;

(j) Janitorial services and supplies; and

(k) Leasehold improvements.

(16) "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein is a person who does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in bookmaking is not a player.

(17) "Profits from unlawful gambling" means that a person, acting other than solely as a player, accepts or receives money or other property pursuant to an agreement or understanding with another person whereby the person participates or is to participate in the proceeds of unlawful gambling.

(18) "Promotes unlawful gambling" means that a person, acting other than solely as a player, engages in conduct that materially aids any form of unlawful gambling. Conduct of this nature includes, but is not limited to, conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person promotes unlawful gambling if, having control or right of control over premises being used with the knowledge of the person for purposes of unlawful gambling, the person permits the unlawful gambling to occur or continue or makes no effort to prevent its occurrence or continuation.

(19) "Raffle" means a lottery operated by a charitable, fraternal or religious organization wherein the players pay something of value for chances, represented by numbers or combinations thereof or by some other medium, one or more of which chances are to be designated the winning ones or determined by a drawing and the player holding the winning chance is to receive something of value.

(20)

(a) "Slot machine" means a gambling device that as a result of the insertion of a coin or other object operates, either completely automatically, or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value or otherwise entitle the player to something of value. A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on the basis other than chance.

(b) "Slot machine" does not include any device authorized by the Oregon State Lottery Commission for:

(A) Display and demonstration purposes only at trade shows; or

(B) Training and testing purposes by the Department of State Police.

(21) "Social game" means:

(a) A game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and

(b) If authorized pursuant to ORS 167.121, a game, other than a lottery, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

(22) "Something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein.

(23) "Trade show" means an exhibit of products and services that is:

(a) Not open to the public; and

(b) Of limited duration.

(24) "Unlawful" means not specifically authorized by law.

167.118 Bingo, lotto or raffle games or Monte Carlo events conducted by charitable, fraternal or religious organizations.

(1) When a charitable, fraternal or religious organization is licensed by the Department of Justice to conduct bingo, lotto or raffle games or Monte Carlo events, only the organization itself or an employee thereof authorized by the department shall receive money or property or otherwise directly profit from the operation of the games, except that:

(a) The organization operating the games may present a prize of money or other property to any player not involved in the administration or management of the games; and

(b) An organization licensed to conduct Monte Carlo events may contract with a licensed supplier of Monte Carlo event equipment to operate the event, including the provision of equipment, supplies and personnel, provided that the licensed supplier is paid a fixed fee to conduct the event and the imitation money is sold to players by employees or volunteers of the licensed charitable, fraternal or religious organization.

(c) A person may sell, rent or lease equipment, including electronic equipment, proprietary computer software and real property to a licensed charitable, fraternal or religious organization. Rent or lease payments must be made in compliance with the provisions of ORS 464.510.

(d) An organization licensed by the department may act as an escrow agent to receive money or property to be awarded as prizes.

(2) A charitable, fraternal or religious organization shall not operate bingo, lotto or raffle games or Monte Carlo events except at such locations and upon such days and for such periods of time as the department authorizes pursuant to this section and ORS 464.250 to 464.380, 464.420 and 464.450 to 464.530.

(3)(a) An organization licensed by the department to operate bingo or lotto games shall not award a prize exceeding $2,500 in value in any one game. An organization licensed by the department to operate a Monte Carlo event may not present any prize of money, or a cash equivalent, to any player.

(b) Notwithstanding any provision of this chapter to the contrary, a bingo licensee may operate two games per year with a prize not to exceed $10,000 per game and, if approved by the department, may also participate in a linked progressive game involving only Oregon licensees, without regard to the number of games or the size of the prize awarded..

(4) Each charitable, fraternal or religious organization that maintains, conducts or operates any bingo, lotto or raffle game or Monte Carlo event under license of the department must operate such games in accordance with rules adopted by the department.

(5) It is unlawful for a licensee to permit the operating expenses of the games to exceed 18 percent of the annual handle of its bingo, lotto and raffle operation.

(6) It is unlawful for a charitable, fraternal or religious organization licensed by the department to operate bingo, lotto or raffle games if:

(a) The handle of the games and events exceeds $250,000 in a year; and

(b) The games and events do not generate for the organization’s purposes, after the cost of prizes and operating expenses are deducted from the handle, an amount that equals or exceeds five percent of the handle.

167.121 Local regulation of social games.

Counties and cities may, by ordinance, authorize the playing or conducting of a social game in a private business, private club or in a place of public accommodation. Such ordinances may provide for regulation or licensing of the social games authorized. [1974 c.7 §3]

167.122 Unlawful gambling in the second degree.

(1) A person commits the crime of unlawful gambling in the second degree if the person knowingly:

(a) Places a bet with a bookmaker; or

(b) Participates or engages in unlawful gambling as a player.

(2) Unlawful gambling in the second degree is a Class A misdemeanor.

167.127 Unlawful gambling in the first degree.

(1) A person commits the crime of unlawful gambling in the first degree if the person knowingly promotes or profits from unlawful gambling.

(2) Unlawful gambling in the first degree is a Class C felony. [

167.132 Possession of gambling records in the second degree.

(1) A person commits the crime of possession of gambling records in the second degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article:

(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or

(b) Of a kind commonly used in the operation, promotion or playing of a lottery or numbers scheme or enterprise.

(2) Possession of gambling records in the second degree is a Class A misdemeanor.

167.137 Possession of gambling records in the first degree.

(1) A person commits the crime of possession of gambling records in the first degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article:

(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than $500; or

(b) Of a kind commonly used in the operation, promotion or playing of a lottery or numbers scheme or enterprise, and constituting, reflecting or representing more than 500 plays or chances therein.

(2) Possession of gambling records in the first degree is a Class C felony.

167.142 Defense to possession of gambling records.

In any prosecution under ORS 167.132 or 167.137 it is a defense if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or numbers scheme or enterprise.

167.147 Possession of a gambling device; defense.

(1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:

(a) A slot machine; or
(b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.

(2) Possession of a gambling device is a Class A misdemeanor.

(3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured:
(a) Prior to 1900 and is not operated for purposes of unlawful gambling; or
(b) More than 25 years before the date on which the charge was brought and:

(A) Is located in a private residence;

(B) Is not operated for the purposes of unlawful gambling; and

(C) Has permanently affixed to it by the manufacturer, the manufacturer’s name and either the date of manufacture or the serial number.

167.153 Proving occurrence of sporting event in prosecutions of gambling offenses.

In any prosecution under ORS 167.117 and 167.122 to 167.147 in which it is necessary to prove the occurrence of a sporting event, the following shall be admissible in evidence and shall be prima facie evidence of the occurrence of the event:

(1) A published report of its occurrence in a daily newspaper, magazine or other periodically printed publication of general circulation; or

(2) Evidence that a description of some aspect of the event was written, printed or otherwise noted at the place in which a violation of ORS 167.117 and 167.122 to 167.147 is alleged to have been committed.

167.158 Lottery prizes forfeited to county; exception; action by county to recover.

(1) Except for bingo or lotto operated by a charitable, fraternal or religious organization, all sums of money and every other valuable thing drawn as a prize in any lottery or pretended lottery, by any person within this state, are forfeited to the use of the county in which it is found, and may be sued for and recovered by a civil action.

(2) Nothing contained in ORS 105.550 to 105.600 shall interfere with the duty of officers to take possession of property as provided by subsection (1) of this section.

167.162 Gambling device as public nuisance; defense; seizure and destruction.

(1) A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the sheriff, who shall hold it subject to the order of the court having jurisdiction.

(2) Whenever it appears to the court that the gambling device has been possessed in violation of ORS 167.147, the court shall adjudge forfeiture thereof and shall order the sheriff to destroy the device and to deliver any coins taken therefrom to the county treasurer, who shall deposit them to the general fund of the county. However, when the defense provided by ORS 167.147 (3) is raised by the defendant, the gambling device or slot machine shall not be forfeited or destroyed until after a final judicial determination that the defense is not applicable. If the defense is applicable, the gambling device or slot machine shall be returned to its owner.

(3) The seizure of the gambling device or operating part thereof constitutes sufficient notice to the owner or person in possession thereof. The sheriff shall make return to the court showing that the sheriff has complied with the order.

(4) Whenever, in any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of ORS 167.147, and such forfeiture is decreed, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.

(5) In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until the claimant proves that the claimant:

(a) Has an interest in the gambling device, as owner or otherwise, which the claimant acquired in good faith.

(b) At no time had any knowledge or reason to believe that it was being or would be used in violation of law relating to gambling.

(6) In any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of law relating to gambling, the court may in its discretion order delivery thereof to any claimant who shall establish the right to the immediate possession thereof, and shall execute, with one or more sureties, or by a surety company, approved by the court, and deliver to the court, a bond in such sum as the court shall determine, running to the State of Oregon, and conditioned to return such gambling device at the time of trial, and conditioned further that, if the gambling device be not returned at the time of trial, the bond may in the discretion of the court stand in lieu of and be forfeited in the same manner as such gambling device.

167.164 Possession of gray machine; penalty; defense.

(1) On and after December 1, 1991, a person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.

(2) Possession of a gray machine is a Class C felony.

(3) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS chapter 475A, and shall give rise to civil in rem forfeiture as provided in ORS chapter 475A. A judgment providing for forfeiture may direct that the machine be destroyed.

(4) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling. [1991 c.962 §5; 1999 c.59 §33]

167.166 Removal of unauthorized video lottery game terminal.

On and after December 1, 1991, any video lottery game terminal that is not authorized by the Oregon State Lottery Commission must be removed from the State of Oregon.

167.167 Cheating.

(1) A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly:

(a) Employs or attempts to employ any device, scheme or artifice to defraud any other participant or any operator;

(b) Engages in any act, practice or course of operation that operates or would operate as a fraud or deceit upon any other participant or any operator;

(c) Engages in any act, practice or course of operation with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

(d) Causes, aids, abets or conspires with another person to cause any other person to violate paragraphs (a) to (c) of this subsection.

(2) As used in this section, "deceit", "defraud" and "fraud" are not limited to common law deceit or fraud.

(3) Cheating is a Class C felony.