AGO 85-11.

Case Date:July 30, 1985
Colorado Attorney General Opinions 1985. AGO 85-11. July 30, 1985Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 85-11 AG Alpha No. RV LE AGAOI Alan N. Charnes Executive Director Department of Revenue 486-A Capitol Annex 1375 Sherman St. Denver, CO 80203 RE: Social gambling on liquor-licensed premisesDear Mr. Charnes: I am writing in response to your request for a formal legal opinion regarding the propriety of permitting social gambling on liquor-licensed premises. It is my understanding that the Department of Revenue (the department) seeks clarification of the proscription of any gambling on liquor licensed premises found in section 12-47-128(5)(n)(I), C.R.S. (1984 Supp.), in light of the definition of gambling found in the criminal code, which excludes "social gambling" at section 18-10-102(2), C.R.S. (1978). QUESTION PRESENTED AND CONCLUSION Does the term "gambling" found in section 12-47-128(5)(n), C.R.S. (1984 Supp.) mean "gambling" as defined in section 18-10-102(2), C.R.S. (1978). Yes. The term "gambling" found in section 12-47-128(5)(n) means the same thing as the term "gambling" found in section 18-10-102, C.R.S. (1978). ANALYSIS Section 12-47-128(5)(n)(I), C.R.S. (1984 Supp.) provides, in pertinent part, "It is unlawful for any person licensed to sell at retail pursuant /t/o this article to authorize or permit any gambling." The department requests a definition of the term "gambling." Although this term is not defined in article 47 of title 12, the Colorado Liquor Code, the term is defined in the criminal code at section 18-10-102(2), C.R.S. (1978).(fn1) The definition of gambling contained in section 18-10-102(2)(d) of the criminal code excludes "any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling." This exclusion of "social gambling" from the definition of gambling as defined by the criminal code raises the issue of statutory construction. When statutory provisions relate to the same subject and are enacted at the same time, they are deemed to be in pari materia and must be construed together to effectuate the legislative intent. Sterling v. Industrial Commission, 662 P.2d...

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