Yes, shake-a-day games are generally considered legal in Arizona when conducted under specific conditions that align with the state's gambling laws. These activities typically fall under provisions for social gambling or as promotional activities by licensed establishments, rather than unlawful gambling.
Understanding Shake-a-Day Legality in Arizona
In Arizona, the legality of games like shake-a-day hinges on whether they are classified as illegal gambling. Arizona Revised Statutes (A.R.S.) Title 13, Chapter 33 outlines the state's gambling laws. Generally, "social gambling" is permitted, which means gambling participated in by natural persons, not as a business, where no one profits other than their personal winnings, and no one gains interest in the activity itself.
Key considerations for legality in Arizona often include:
- No House Advantage: The establishment running the game should not profit directly from the game beyond its normal sales of goods (e.g., drinks). The prize typically comes from a pot contributed to by players or is a promotional item.
- Customer Participation: It's usually legal for customers to shake or choose dice to determine outcomes, often for a free drink or a prize.
- Social vs. Commercial: The game must maintain a social, recreational nature and not be operated as a commercial gambling enterprise.
- Licensed Premises: These games are most commonly found and permitted in establishments licensed for the sale of alcoholic beverages, where they serve as a form of entertainment or promotion.
For instance, if a bar offers a "shake-a-day" where customers roll dice, and if they roll a specific combination, they win a free drink, this is often considered permissible under Arizona law as a promotional activity or social game, provided it doesn't involve the house directly profiting from the gambling aspect itself.
Comparative Legal Frameworks: An Example from Another State
While laws vary significantly from state to state, similar provisions allowing shake-a-day games can be found elsewhere, demonstrating a common approach to regulating such activities. For example, in Montana, such games are specifically deemed legal. According to laws there, it is permissible for a customer in an establishment licensed for the sale of alcoholic beverages to shake or choose one or more dice, alone or with an owner or employee of the establishment, to determine whether the customer wins in a shake-a-day game. This illustrates that shake-a-day can be a legally recognized activity within regulated environments.
Practical Insights for Establishments
Establishments considering offering shake-a-day games in Arizona should ensure they adhere strictly to the state's gambling regulations to avoid any legal issues. It is advisable to:
- Consult Legal Counsel: Seek advice from a legal professional specializing in Arizona's liquor and gambling laws.
- Review State Statutes: Familiarize themselves with A.R.S. Title 13, Chapter 33, and any relevant administrative rules from the Arizona Department of Gaming or the Department of Liquor Licenses and Control.
- Structure the Game Carefully: Design the game to clearly fit within the "social gambling" or "promotional activity" exemptions, ensuring no direct house profit from the game itself, and that prize values are reasonable and not indicative of commercial gambling.
By understanding and adhering to Arizona's specific legal framework, establishments can offer shake-a-day games as a legitimate and enjoyable form of customer engagement.
