What changed in HF 785

2 passages reworded, 14 added and 8 removed; 3 of 27 unchanged.

Removed AddedIntroduced textText as passedAmendments

Section 1. Section 99B.1, subsections subsection 1, 18, and 19, Code 2021, are is amended to read as follows:

1. “Amusement concession” means a game of skill or game of chance with an instant win possibility where, if the participant completes a task, the participant wins may win a prize. “Amusement concession” includes but is not limited to carnival-style games and video games that are conducted by a person for profit. “Amusement concession” does not include casino-style games games, nudge games, swap games, or amusement devices required to be registered pursuant to section 99B.53.

18. “Game of chance” means a game whereby the result is determined by chance and the player in order to win completes activities, such as aligning objects or balls in a prescribed pattern or order or makes certain color patterns appear. “Game of chance” specifically includes but is not limited to bingo. “Game of chance” does not include a slot machine or amusement device.

19. “Game of skill” means a game whereby the possibility of a result is determined by favorable to the player increases with the player’s ability to do a task, such as directing or throwing objects to designated areas or targets, or by maneuvering water or an object into a designated area, or by maneuvering a dragline device to pick up particular items, or by shooting a gun or rifle at “targets”, or aiming at, capturing, or collecting symbols on a video screen.

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2. Section 99B.31, subsection 1, paragraph a, Code 2021, is amended to read as follows:

a. The person conducting the amusement concession has submitted a license application and a fee of fifty dollars for each amusement concession at least thirty days prior to conducting an amusement concession, and has been issued a license for the amusement concession, and prominently displays the license at the playing area of the amusement concession. A license is valid for a period of one year from the date of issue.

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2. Section 99B.1, Code 2021, is amended by adding the following new subsections:

NEW SUBSECTION. 24A. “Nudge game” means any game or phase of a game in which a participant spins reels or simulated reels and may choose to nudge one or more reels in any direction to complete a winning combination or pattern.

NEW SUBSECTION.

3. DEPARTMENT OF INSPECTIONS AND APPEALS —— 2020 AMUSEMENT CONCESSIONS LICENSES. Notwithstanding any provision of law to the contrary, amusement concession licenses and provisional licenses issued by the department of inspections and appeals in calendar year 2020 shall allow the licensee to conduct any amusement concession that was authorized to be conducted on the date of licensure in 2020 for the duration of the one-year license.

28. “Swap game” means any game or phase of a game in which a participant spins reels or simulated reels and may choose to swap, move, or substitute one or more icons or symbols to create a winning combination or pattern.

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3. Section 99B.31, subsection 1, paragraph k, Code 2021, is amended to read as follows:

4. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.

k. The amusement concession is not designed or adapted with any control device to permit manipulation of the amusement concession by the operator in order to prevent a player participant from winning or to predetermine who the winner will be.

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4. Section 99B.31, Code 2021, is amended by adding the following new subsection:

NEW SUBSECTION. 1A. An electronic or computerized game with a video display screen may be licensed by the department as an amusement concession if all of the following requirements are met:

a. Except as otherwise provided by this subsection, the game complies with all requirements of subsection 1 and all applicable rules promulgated by the department.

b. The game is conducted through continuous gameplay. For the purposes of this paragraph, “continuous gameplay” means play on a single video screen that is not refreshed, updated, or renewed through the expenditure of additional money, tokens, or credits by a game participant. The game may allow two or more persons to participate in the same continuous gameplay at the same time.

c. Prizes shall be awarded based solely upon a participant’s successful completion of a required skill or task in the course of the game’s play. A person shall actively participate in the game’s play by directing or otherwise manipulating a game function or operation in order to complete the required skill or task. Participant skill shall be necessary to influence the outcome of the game’s play but is not required to be the predominant factor in determining whether a prize is awarded.

d. The game is not a nudge game, swap game, or a mechanical or electrical device that displays spinning reels or simulated reels.

e. The game may be programmed to ensure a set payout percentage to participants of at least eighty percent. If a game is programmed with a set payout percentage, the operator shall prominently post in a manner visible to all playing positions the percentage applicable to the game’s play.

5. RETROACTIVE APPLICABILITY. The following applies retroactively to January 1, 2020: The section of this Act authorizing the continuation of amusement concession licenses and professional licenses for a one-year duration.

f. The game may be programmed to award prizes by allowing a player to complete tasks or use skills at variable frequency or difficulty. The game may not be programmed to prevent the completion of any advertised or offered skills or tasks.