Wisconsin Gambling Laws
If you are having trouble finding the Wisconsin Gambling Laws online, then you have come to the right place. We have sifted through Wisconsin's state statutes in order to show our readers exactly what the law has to say about gambling in the state. We are here to provide information only, not legal advice. With the information at hand you should have no trouble actually figuring out what is legal and what is not, provided you have some grip on the laws. If you are still confused by the time you finish reading it, you may want to contact an attorney for clarification. You may find something pertaining to the Internet, found in the Wisconsin Online Gambling Laws, if you read these statutes.
Violating the law is something we do not condone, advocate, or approve of. What you choose to do with the information found on this site is done at your own risk - we are not liable for any damages that you may suffer. Read the Legal Gambling laws below to find out if the Wisconsin Gambling Statutes will affect you.
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Wisconsin Gambling Statutes
945.01 Definitions. In this chapter:
945.01(1) (1) Bet. A bet is a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement. But a bet does not include:
945.01(1)(a) (a) Bona fide business transactions which are valid under the law of contracts including without limitation:
945.01(1)(a)1. 1. Contracts for the purchase or sale at a future date of securities or other commodities, and
945.01(1)(a)2. 2. Agreements to compensate for loss caused by the happening of the chance including without limitation contracts of indemnity or guaranty and life or health and accident insurance;
945.01(1)(b) (b) Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such contest;
945.01(1)(cm) (cm) Participation in bingo or a raffle conducted under ch. 563.
945.01(1)(d) (d) Pari-mutuel wagering subject to ch. 562.
945.01(1)(e) (e) Participation in a lottery conducted under ch. 565.
945.01(1)(f) (f) An agreement under which an employee is given an opportunity to win a prize, the award of which is determined by chance, in return for the employee making a referral or identification described in s. 945.01 (5) (b) 2. h.
945.01(2) (2) Bookmaking. "Bookmaking" means the receiving, recording or forwarding of a bet or offer to bet on any contest of skill, speed, strength or endurance of persons or animals.
945.01(3) (3) Gambling machine.
945.01(3)(a) (a) A gambling machine is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, even though accompanied by some skill and whether or not the prize is automatically paid by the machine.
945.01(3)(b) (b) "Gambling machine" does not include any of the following:
945.01(3)(b)1. 1. A device used in conducting a bingo occasion or raffle event under ch. 563, used in conducting a lottery under ch. 565 or used in conducting a race under ch. 562.
945.01(3)(b)2. 2. Any amusement device if it rewards the player exclusively with one or more nonredeemable free replays for achieving certain scores and does not change the ratio or record the number of the free replays so awarded.
945.01(3)(b)3. 3. An amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to prizes, toys and novelties, each having a wholesale value which is not more than 7 times the cost charged to play the amusement device once or $5, whichever is less. In this subdivision, "skill" means, within an opportunity provided for all players fairly to obtain prizes or rewards of merchandise, a player's precision, dexterity or ability to use his or her knowledge which enables him or her to obtain more frequent rewards or prizes than does another less precise, dextrous or knowledgeable player.
945.01(4) (4) Gambling place.
945.01(4)(a) (a) 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.
945.01(4)(am) (am) "Gambling place" does not include a place where bingo or a raffle is conducted under ch. 563, where a lottery is conducted under ch. 565 or where a race is conducted under ch. 562 and does not include a gambling vessel that is in the process of construction, delivery, conversion or repair by a shipbuilding business that complies with s. 945.095.
945.01(4)(b) (b) Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be professional gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.
945.01(4)(c) (c) Any gambling place is a public nuisance and may be proceeded against under ch. 823.
945.01(5) (5) Lottery.
945.01(5)(a) (a) 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.
945.01(5)(am) (am) "Lottery" does not include bingo or a raffle conducted under ch. 563, pari-mutuel wagering conducted under ch. 562 or the state lottery or any multijurisdictional lottery conducted under ch. 565.
945.01(5)(b)1. 1. "Consideration" in this subsection means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant, but does not include any advantage to the promoter or disadvantage to any participant caused when any participant learns from newspapers, magazines and other periodicals, radio or television where to send the participant's name and address to the promoter.
945.01(5)(b)2. 2. In any game, drawing, contest, sweepstakes, or other promotion, none of the following constitutes consideration under this subsection:
945.01(5)(b)2.a. a. Listening to or watching a television or radio program.
945.01(5)(b)2.b. b. Filling out a coupon or entry form that is received through the mail or published in a newspaper or magazine, if facsimiles of the coupon or entry form or handwritten and other informal entries are acceptable or if no purchase is required.
945.01(5)(b)2.c. c. Furnishing proof of purchase if the proof required does not consist of more than the container of any product as packaged by the manufacturer, or a part of the container, or a facsimile of either.
945.01(5)(b)2.d. d. Sending the coupon or entry form and proof of purchase by mail to a designated address.
945.01(5)(b)2.e. e. Filling out a coupon or entry form obtained and deposited on the premises of a bona fide trade fair or trade show defined as an exhibition by 5 or more competitors of goods, wares, or merchandise at a location other than a retail establishment or shopping center or other place where goods and services are customarily sold; but if an admission fee is charged to the exhibition all facilities for obtaining and depositing coupons or entry forms shall be outside the area for which an admission fee is required.
945.01(5)(b)2.f. f. Visiting a mercantile establishment or other place without being required to make a purchase or pay an admittance fee.
945.01(5)(b)2.g. g. Using a chance promotion exempt under s. 100.16 (2).
945.01(5)(b)2.h. h. An employee referring a person to the employee's employer to purchase goods or services from the employer, or identifying for the employer a person who may purchase goods or services from the employer, if the employee who makes the referral or identification is not compensated for the referral or identification.
945.01(6) (6) Wire communication facility. "Wire communication facility" means any and all instrumentalities, personnel and services, and among other things the receipt, forwarding or delivery of communications used or useful in the transmission of writings, signs, pictures and sounds of all kinds by means of wire, cable, microwave or other like connection between the points of origin and reception of such transmission.
945.02 Gambling. Whoever does any of the following is guilty of a Class B misdemeanor:
945.02(1) (1) Makes a bet; or
945.02(2) (2) Enters or remains in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling machine; or
945.02(3) (3) Conducts a lottery, or with intent to conduct a lottery, possesses facilities to do so.
945.03 Commercial gambling.
945.03(1m) (1m) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class I felony:
945.03(1m)(a) (a) Participates in the earnings of or for gain operates or permits the operation of a gambling place; or
945.03(1m)(b) (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
945.03(1m)(c) (c) For gain, becomes a custodian of anything of value bet or offered to be bet; or
945.03(1m)(d) (d) Conducts a lottery where both the consideration and the prize are money, or with intent to conduct such a lottery, possesses facilities to do so; or
945.03(1m)(e) (e) Sets up for use for the purpose of gambling or collects the proceeds of any gambling machine; or
945.03(1m)(f) (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
945.03(1m)(g) (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.
945.03(2m) (2m) If the violation of sub. (1m) involves the possession, operation, setup, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:
945.03(2m)(a) (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.
945.03(2m)(b) (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.
945.03(2m)(c) (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.
945.03(2m)(d) (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.
945.03(2m)(e) (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500. 945.035 Certain slot machines on licensed premises.
945.035(1) (1) In this section, "exempt slot machine" means a slot machine manufactured before December 31, 1974, that is exempt from the prohibition under s. 945.05 (1) because it is intended to be used solely for display, restoration and preservation purposes.
945.035(2) (2) No person to whom a license or permit has been issued under ch. 125 may do any of the following:
945.035(2)(a) (a) Set up or keep an exempt slot machine on the premises for which the license or permit is issued.
945.035(2)(b) (b) Permit another person to set up or keep an exempt slot machine on the premises for which the license or permit is issued.
945.035(3) (3) A person who violates sub. (2) may be required to forfeit not more than $500 for each violation. 945.04 Permitting premises to be used for commercial gambling.
945.04(1m) (1m) Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:
945.04(1m)(a) (a) Permits any real estate owned or occupied by him or her or under his or her control to be used as a gambling place; or
945.04(1m)(b) (b) Permits a gambling machine to be set up for use for the purpose of gambling in a place under his or her control.
945.04(2m) (2m) If the violation of sub. (1m) involves the setup or use of not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:
945.04(2m)(a) (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.
945.04(2m)(b) (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000
945.04(2m)(c) (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.
945.04(2m)(d) (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000
945.04(2m)(e) (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.
945.05 Dealing in gambling devices.
945.05(1) (1) Except as provided in subs. (1e) (b) and (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class I felony:
945.05(1)(a) (a) Anything which he or she knows evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet; or
945.05(1)(b) (b) Any device which he or she knows is designed exclusively for gambling purposes or anything which he or she knows is designed exclusively as a subassembly or essential part of such device. This includes without limitation gambling machines, numbers jars, punch boards and roulette wheels. Playing cards, dice, permanently disabled gambling machines and slot machines manufactured before December 31, 1974, that are intended to be used solely for display, restoration and preservation purposes shall not be considered devices exclusively for gambling purposes.
945.05(1e) (1e)
945.05(1e)(a) (a) In this subsection, "authorized gambling facility" means any of the following:
945.05(1e)(a)1. 1. An Indian gaming facility, as defined in s. 569.01 (1j).
945.05(1e)(a)2. 2. A gaming establishment located on lands acquired after October 17, 1998, by the U.S. secretary of the interior in trust for the benefit of an Indian tribe.
945.05(1e)(a)3. 3. A facility at which gambling lawfully takes place.
945.05(1e)(b) (b) Subsection (1) does not apply to a person who manufactures, transfers commercially or possesses with intent to transfer commercially gambling devices described in sub. (1) (a) and (b) to any of the following:
945.05(1e)(b)1. 1. An authorized gambling facility.
945.05(1e)(b)2. 2. A nonprofit or public educational institution that provides an educational program for which it awards a bachelor's or higher degree for the use in a casino gaming management class.
945.05(1m) (1m) If a violation of sub. (1) involves the commercial transfer of a video gambling machine or possession of a video gambling machine with the intent to transfer commercially, the person is subject to a Class C forfeiture.
945.05(2) (2) Proof of possession of any device designed exclusively for gambling purposes, which is less than 25 years old, is not in a gambling place and is not set up for use, is prima facie evidence of possession with intent to transfer.
945.05(3) (3) Any motor vehicle or aircraft, used or employed to aid in or to facilitate the unlawful manufacture or commercial transfer of those gambling devices enumerated in sub. (1), may be seized by any peace officer and shall be forfeited to the state in an action brought by the attorney general or the district attorney of the county where the vehicle or aircraft is subject to forfeiture and such action shall be in the name of and on behalf of the state in accordance with ch. 778. Lienholders and owners shall have the same rights as provided in s. 139.40.
945.07 Gambling by participants in contest.
945.07(1) (1) Any participant in, or any owner, employer, coach or trainer of a participant in, any contest of skill, speed, strength or endurance of persons, machines or animals at which admission is charged, who makes a bet upon any opponent in such contest is guilty of a Class A misdemeanor.
945.07(2) (2) In this section, "participant" includes any person who is selected or who expects to take part in any such contest.
945.08 Bribery of participant in contest.
945.08(1) (1) Any person who, with intent to influence any participant to refrain from exerting full skill, speed, strength or endurance, transfers or promises any property or any personal advantage to or on behalf of any participant in a contest of skill, speed, strength or endurance is guilty of a Class H felony.
945.08(2) (2) Any participant in any such contest who agrees or offers to refrain from exerting full skill, speed, strength or endurance in return for any property or any personal advantage transferred or promised to the participant or another is guilty of a Class A misdemeanor.
945.08(3) (3) In this section "participant" includes any person who is selected to or who expects to take part in any such contest.
945.10 Prizes forfeited. Anything of value received by any person as a prize in any lottery conducted in violation of this chapter shall be forfeited to the state and may be recovered in any proper action brought by the attorney general or any district attorney in the name and on behalf of the state.
Wisconsin Gambling Laws courtesy of: http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=top
