NEBRASKA

1. Definition of Gambling
   1. Gambling is defined as under Neb. Rev. Stat. § 28-1101 (2006) as the following:

A person betting “something of value upon the outcome of a future event, which outcome is determined by an element of chance” or upon the outcome of a game or scheme that is not otherwise authorized as an express gambling exemption under the Nebraska Revised Statutes. Neb. Rev. Stat. § 28-1101 (2006).

2. Gambling does not include the following activities:
   1. Entering into a lawful business transaction;
   2. Playing an amusement device or a coin-operated mechanical game which confers as a prize an immediate, unrecorded right of replay not exchangeable for something of value;
   3. Conducting or participating in a prize contest; or
   4. Conducting or participating in any bingo, lottery by the sale of pickle cards, lottery, raffle, or gift enterprise conducted in accordance with the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, or section 9-701. Id.
3. Nebraska law applies a test of predominance in determining if a game is one of chance or skill.

In Indoor Recreation Enterprises, Inc. the court said “[t]he test of the character of the game is not whether it contains an element of chance or an element of skill, but which of these is the dominating element that determines the result of the game.” 235 N.W.2d 398, 400 (Neb. 1975) (quoting Baedaro v. Caldwell, 56 N.W.2d 706 (Neb. 1953)). Therefore a game of chance is evidenced by the result of the game arising out of fortuitous circumstances that depend little on skill. Id. The court in Indoor Recreation Enterprises, Inc., said that cards games are games of chance, because although involving skill, the element of chance is the overriding, predominant element. Id. The test of predominance should be based on a standard of a majority of players possessing an average skill; experts or a limited class of players is an inappropriate standard to apply in determining if a game is one of chance or skills. Id.

2. Definition of Bookmaking

   Nebraska Revised Statutes defines bookmaking as “advancing gambling activity by unlawfully accepting bets from members of the public as a business upon the outcome of future contingent events.” Neb. Rev. Stat. § 28-1101 (2006). The advancement of gambling activity is evidenced when a person engages in conduct that aids gambling activity, but is not acting as a player. Id. Advancement of gambling activities may include creation of a game, contest or device; and acquisition of equipment or premises for gambling. Id.

3. Specific Gaming Device Definitions

A gambling device, under Nebraska law, includes “any device, machine, paraphernalia, writing, paper, instrument, article, or equipment that is used or usable for engaging in gambling . . . .” Neb. Rev. Stat. § 28-1101 (2006). This definition includes gambling between individuals or gambling by a person by play on a machine. Id. A gambling device also includes “any mechanical gaming device, computer gaming device, electronic gaming device, or video gaming device which has the capability of” id, awarding value, free games redeemable for value, instant-win tickets providing the possibility to participate in another event, or tickets redeemable for value. Id.

4. Bucket Shop Laws

Pursuant to Commodity Traders, Inc. v. Palmer, it is evident that Nebraska did at one time have a bucket shop laws in effect. 280 N.W.2d 49, 52 (Neb. 1979). However, § 28-954, governing bucket shops has subsequently been repealed. Id.

5. Prohibition of Games of Skill

   City of the First Class:

   A city of the first class is characterized by a population of more than 5,000 but not exceeded 100,000. Neb. Rev. Stat. § 16-101 (2006). The population of such a city consists of the residents “within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.” Id.

   A city of the first class by ordinance may regulate, prohibit, and suppress unlicensed tippling shops, billiard tables, and bowling alleys, may restrain . . . disorderly houses and practices, games, gambling houses, desecration of the Sabbath day, commonly called Sunday, and may prohibit all public amusements, shows, exhibitions, or ordinary business pursuits upon such day, all lotteries, all fraudulent devices and practices for the purpose of obtaining money or property . . . except that nothing in this section shall be construed to apply to bingo, lotteries, lotteries by the sale of pickle cards, or raffles conducted in accordance with the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, or the State Lottery Act. Neb. Rev. Stat. § 16-226 (2006).

6. Express Exemptions
   1. Bingo

   The Nebraska Bingo Act is governed by §§ 9-201 to 9-266.

   1. Bingo is defined by the Bingo Act as the following:

   A form of gambling where the players mark bingo cards according to numbers that are randomly selected from a pool of seventy-five or ninety numbers. Neb. Rev. Stat. § 9-204 (2006).

   2. Bingo does not include:

   Any scheme that utilizes a mechanical or electronic gaming device that awards value, redeemable free games, or tickets redeemable for value. Id. The definition of bingo also does not include activities which are authorized or regulated under other areas of the Revised Statutes of Nebraska. Id. Permissible bingo equipment includes, but is not limited to the bingo card (disposable or not), bingo balls, device or machine for random selection of bingo balls and computerized accounting systems. Neb. Rev. Stat. § 9-204.03 (2006).

   3. Licensing:

   There are numerous people involved a bingo operation that required licensing. Nebraska’s bingo law requires that people participating in the operation of a bingo occasion possess the appropriate licensing. This includes the distributors, manufacturers, the commercial lessor, the gaming manager, and a license to conduct the bingo game. Neb. Rev. Stat. § 9-212 (2006). A distributor is the person who obtains bingo gaming equipment from a manufacturer to sell, lease or otherwise distribute to a licensed organization for use in a bingo occasion. Neb. Rev. Stat. § 9-209 (2006). The manufacturer is the person who assembles and produces the bingo equipment. Neb. Rev. Stat § 9-214.01 (2006). However, the definition of manufacturer does not include a licensed distributor. Id. “Commercial lessor shall mean a person, partnership, limited liability company, corporation, or organization which owns or is a lessee of premises which are offered for leasing to a licensed organization on which bingo is or will be conducted.” Neb. Rev. Stat. § 9-207.01 (2006). A an organization licensed to conduct bingo under the Nebraska Bingo Act must be a non-profit organization, volunteer fire company, volunteer first-aid rescue, ambulance or emergency squad. Neb. Rev. Stat. § 9-213 (2006). For a non-profit organization to qualify for application for a bingo license the organization must be exempt under the IRC or the major activities of the organization are for charitable purposes; and the non-profit must be in existence in Nebraska for a period of five years preceding application for a permit. Neb. Rev. Stat. § 9-217.01 (2006). In Southeast Rural Volunteer Fire Dep’t v. Nebraska Dep’t of Revenue, licensing was denied to the organization because it was discovered that the gaming funds were put into the retirement fund and a portion of the funds were used to distribute one salary advancement. 560 N.W.2d 436 (Neb. 1997). The court determined that the use of funds was not appropriate under the guidelines of the statute; therefore, the department had the appropriate authority to deny the licenses. Id.

   4. Bingo gaming licenses are broken down into different classes based on the gross receipts from conducting the bingo activities. Neb. Rev. Stat. § 9-233 (2006).
      1. A Class I license is organizations who have gross receipts, from the conduct of bingo, that are less than $100,000 in a 12 month period. Id.
      2. Class II licensed are issued to those organizations, who, in the conduct of bingo, have gross receipts equal to or greater then $100,000 in a 12 month period. Id. The 12 month period runs from October 1 of each year unless the department proscribed another date by rule or regulation. Id.
      3. When bingo occasions are operated jointly by more then one licensed organization, then type of license required is determined based on the gross receipts of all licensed organizations participating in the conduct of the bingo occasion. Id.
   5. Permit for conducting bingo on a dinner train

   A licensed organization must obtain a permit from the clerk of an incorporated city or village or from the county clerk when the bingo occasion is to be conducted on a dinner train. Neb. Rev. Stat. § 9-236 (2006). The permit must, at all times, be displayed conspicuously at the location where the bingo occasion is being conducted. Id.

   6. Restriction and guidelines

   The Nebraska Bingo Act also has numerous restrictions and guidelines placed on the location and conduct of bingo occasions. An organization licensed to conduct bingo occasions may only hold those occasions in the county where the organization has its principle office. Neb. Rev. Stat. § 9-241.01 (2006). A licensed organization is limited to conducting no more than ten bingo occasions per calendar month. Neb. Rev. Stat. § 9-241.02 (2006). Also, the licensed organization cannot use the same premises more than two times in a calendar week for the conduct of bingo. Id. Bingo occasions are limited to periods of six consecutive hours, unless it is a limited period bingo or a special event bingo occasion. Id.

   An alcoholic beverages cannot be served at a bingo occasion. Neb. Rev. Stat. § 9-241.06 (2006). The exception to this general rule is that alcohol may be served at either limited period or special even bingo, provided no one under the age of eighteen is permitted to play bingo. Food and nonalcoholic beverages may be served or sold at the bingo occasion. Id. The profits from any sale of food or beverages must be paid to the licensed organization. Id.

   Licensed organizations may advertise bingo occasions, limited period bingo or special event bingo. Neb. Rev. Stat. § 9-241.07 (2006). However, the advertisement cannot state or reference the aggregate value of the bingo prizes when it exceeds $4,000. Id.

   2. Pickle Cards

   The Nebraska Pickle Card Lottery Act is governed by §§ 9-301 to 9-356. Pickle cards are defined by Nebraska statute as:

   [A]ny disposable card, board, or ticket which accords a person an opportunity to win a cash prize by opening, pulling, detaching, or otherwise removing one or more tabs from the card, board, or ticket to reveal a set of numbers, letters, symbols, or configurations, or any combination thereof, and shall include, but not be limited to, any card known as a pickle ticket, pickle, break-open, pull-tab, pull-tab board, punchboard, seal card, pull card, or any other similar card, board, or ticket which is included under this section, whether referred to by any other name. Neb. Rev. Stat. § 9-315 (2006).

   1. The definition of pickle cards does not include:

   A card used in connection with a bingo occasion; tickets used in connection with a horse race; scratch-off tickets; and cards tickets or device used in connected with an authorized lottery, raffle or gift enterprise. Id.

   2. Licensing

   An organization must be properly licensed in order to conduct lottery sales of pickle cards. Organizations that may become licensed in the sale of pickle cards by lottery includes, nonprofit organizations, volunteer fire companies, volunteer first aid, rescue, ambulance or emergency squads. Neb. Rev. Stat. § 9-311 (2006). Manufacturers and distributors of pickle cards must also be properly licensed. The distributor is the person who obtains the pickle cards from the manufacturer, for sale to the licensed organization for eventual sale of the pickle cards to the public. Neb. Rev. Stat. § 9-307 (2006). Manufacturers are the persons who assemble or construct the pickle cards from raw materials. Neb. Rev. Stat. § 9-313 (2006). In Contact, Inc. v. State the constitutional and statutory validity of pickle cards sold by a non-profit organization was challenged by the State. 324 N.W.2d 804 (Neb. 1982). The State argued that the predetermination of numbers on the pickle cards removed the element of “chance” which was necessary in order to qualify as a permissible form of lottery. Id. However, the court concluded that the mere predetermination of numbers on the pickle cards was insufficient to remove the element of chance; particularly in consideration of the fact that the pickle cards were randomly selected by participants from a large tub. Id.

   Pickle cards are sold by a pickle card operator on behalf of the licensed organization. Neb. Rev. Stat. § 9-316 (2006). A pickle card operator can be a sole proprietorship, partnership, limited liability Corporation, or a corporation. Id. Pickle card operators must be properly licensed under the Nebraska Pickle Card Lottery Act. See Neb. Rev. Stat. § 9-329.02 (2006).

   3. Age restrictions

      Persons under eighteen years of age cannot play or participate in any manner in any lottery by the sale of pickle cards. Neb. Rev. Stat. § 9-345 (2006). Furthermore, no licensee, employee or agent shall knowingly allow a person less than eighteen years of age to play or participate in any lottery by the sale of pickle cards. Id.

   An Attorney’s General Opinion looked at whether pickle card dispensing devices were authorized under the Nebraska Pickle Card Lottery Act. The primary difference between the method in which pickle cards are currently dispensed and the use of a device is as follows: pickle cards received from a device would have a bar code on it for use by the machine in determining whether the card is a winner. 1997 Neb. AG LEXIS 6. The opinion concluded that the use of such a device is inconsistent with Nebraska Pickle Card Lottery Act; this conclusion was based on a strict interpretation of the legislative language governing the conduct of pickle card lotteries. Id.

   3. Lotteries & Raffles

   The Nebraska Lottery and Raffle Act is governed by §§ 9-401 to 9-437. Under this Act a licensed organization means a nonprofit organization, volunteer fire company, volunteer first-aid, rescue, ambulance or emergency squad. Neb. Rev. Stat. § 9-410 (2006).

   A licensed organization under this section can conduct both lotteries and raffles. A lottery is defined as a gambling scheme where participants pay something of value; wins are represented by tickets differentiated by sequential enumeration; and winners are determined by random drawing. Neb. Rev. Stat. § 9-411 (2006). A raffle under this act possesses all the elements of a lottery. Neb. Rev. Stat. § 9-415 (2006). However, in addition to those elements at least 80% of the prizes awarded in the raffle are merchandize prizes that are not redeemable for cash. Id.

   “No person under eighteen years of age shall participate in any way in any lottery or raffle.” Neb. Rev. Stat. § 9-430 (2006). Also, a licensee, permittee, employee or agent may not knowingly permit a person less than eighteen years of age to participate in a lottery or raffle in any manner. Id.

   4. Small Lotteries & Raffles

      The Nebraska Small Lottery and Raffle Act is governed by §§ 9-501 to 9-513.

      1. A lottery under this section is a gambling scheme characterized by four elements:
         1. (1) Participants paying something of value for an opportunity to win; (2) wins are represented by tickets differentiated by sequential enumeration; (3) winners are determined by a random drawing; and (4) the holders of winning tickets receive something of value. Neb. Rev. Stat. § 9-507 (2006).
      2. A raffle pursuant to this section is defined as:

         A gambling scheme possessing the first three elements of a lottery. Neb. Rev. Stat. § 9-509 (2006).

      3. The difference of a raffle from a lottery lies in the fourth element of a raffle, which requires “at least eighty percent of all of the prizes to be awarded are merchandise prizes which are not directly or indirectly redeemable for cash . . .” Id. Neither a raffle nor a lottery include gambling schemes that require mechanical, electronic or video gaming devices that is capable of awarding something of value, free games or tickets redeemable for value. Id.; § 9-507.
      4. Non-profit organizations may conduct lotteries and raffles.

         A non-profit organization that qualifies under this section holds a certification of exemption under the Internal Revenue Code, or is an organization whose major activities are conducted for charitable purposes. Neb. Rev. Stat. § 9-508 (2006). The non-profit must also be organized under the laws of Nebraska and a majority of its activities must be conducted in state. Id.

      5. Qualified organizations

      A qualifying organization conducting a lottery cannot have gross proceeds greater than $1,000. Neb. Rev. Stat. § 9-510 (2006). “The gross proceeds from a lottery can only be used for charitable or community betterment purposes.” Id. Finally, a qualifying organization cannot conduct more then one lottery in a calendar month. Id.

      One of the conditions for a qualifying organization to conduct a raffle is that the gross proceeds cannot exceed $5,000. Neb. Rev. Stat. § 9-511 (2006). As seen with lotteries under this section, the proceeds of a raffle must be put towards charitable or community betterment. Id. Qualifying organizations may conduct more the one raffle in a calendar month provided gross proceeds from those raffles do not exceed $5,000 during the month. Id.

   5. County & City Lotteries

      The Nebraska County and City Lottery Act is governed by §§ 9-601 to 9-653. A lottery under this act is a gambling scheme where: players pay something of value; winning opportunities are represented by tickets; winners are determined with the use of one of two methods. Neb. Rev. Stat. § 9-607 (2006).

      1. The two methods for determining a winner are as follows:
         1. Random drawing of tickets from a receptacle by hand and
         2. Each ticket has an equal chance of being chosen or by use of the game keno. Id.
      2. Keno

         The game of keno is “where a person selects up to twenty numbers from a total of eighty numbers on a paper ticket.” Id. Then an electronic selection device, not player-activated, selects twenty numbers from the same pool of eighty numbers. Id. Winners are determined based on the correct matching of numbers on the player’s ticket to the numbers randomly selected by the computer. Id.

      3. Conducting a Lottery under this sections

         In order to conduct a lottery under this section application must be made to the department. The county, city or village in which a lottery under this act will be conducted, must receive a license. Neb. Rev. Stat. § 9-630 (2006). Also, the lottery operator must also obtain a license under this section, and the application must indicate the county, city, or village in which the license will be used. Id.

      4. Age restrictions

   Participation by a person less than nineteen years of age in a lottery conducted pursuant to this act is prohibited. Neb. Rev. Stat. § 9-646 (2006). If a county, city or village has been authorized to conduct a lottery under this section then that municipality must establish limitations on the player of any lottery conducted there. Id. A person who is a licensed under this section as a lottery operator cannot participate or play any lottery conducted in the county, city or village where the licensee operates. Id.

   6. Gift Enterprises
      1. Gift enterprise is defined by § 9-701:

         Gift enterprise is defined as “a contest, game of chance, or game promotion which is conducted within the state or through the state and other states in connection with the sale of consumer or trade products or services solely as business promotions and in which the elements of chance and prize are present.” Neb. Rev. Stat. § 9-701 (20006).

      2. Gift enterprises do not include the following:

         Bingo or keno gaming schemes, slot machines, and electronic or mechanical games of chance. Id. Also, a gift enterprise cannot use pickle cards as defined in § 9-315. Id.

      3. The use of a promotional game ticket is subject to the following guidelines:

   Tickets must each be imprinted with the name of the operator; tickets cannot have a cost per play printed on them; and the tickets cannot be substantially similar to pickle cards approved pursuant to § 9-322.01. Id.

   The operator of a gift enterprise may include an individual, firm, corporation, association, or governmental agency or employee. Id. But, it does not include nonprofit organizations unless it is a credit union chartered under state or federal law. Id.

   Promotion of a gift enterprise in connection with a promotion or sale of a consumer good is not permissible if the winner may be unfairly predetermined or the game may be rigged or manipulated. Id. Entrants may not be arbitrarily removed, disqualified or rejected. Id. The operator cannot fail to award prizes offering or publish advertisements in connection with the gift enterprise that is false or misleading. Id. Consideration for participation in a gift enterprise is not permissible, except where the consideration is evidence of the purchase of a product or service where the price charged for that product or serve is not greater then it would have been without the contest. Id. The statute further defines what qualifies as consideration. For purposes of a game enterprise, consideration does not include:

   (i) filling out an entry blank, (ii) entering by mail with the purchase of postage at a cost no greater than the cost of postage for a first-class letter weighing one ounce or less, or (iii) entering by a telephone call to the operator of or for the gift enterprise at a cost no greater than the cost of postage for a first-class letter weighing one ounce or less. Id.

   Any person who acts unlawfully pursuant to this section is guilty of a Class II misdemeanor. Id.

   7. State Lottery

   The State Lottery Act is governed by §§ 9-801 to 9-841. The Nebraska State Lottery was created in 1992, when votes passed a constitutional amendment authorizing the creation of the State Lottery. Nebraska Lottery, http://www.nelottery.com/about.xsp. The Nebraska Lottery sells scratch tickets for various amounts and offers lotto games such as Powerball. Id.

   Lottery games under this section include “instant-win games in which disposable tickets contain certain preprinted winners which are determined by rubbing or scraping an area or areas on the tickets to match numbers, letters or symbols, or configurations, or any combination thereof . . .” Neb. Rev. Stat. § 9-803 (2006). Instant win games do not include pickle cards. Id. The definition also includes on-line lottery games where “lottery game retailer terminals are hooked up to a central computer via a telecommunications system.” Id.

   8. Pari-Mutuel Wagering on Horse Races:

      The pari-mutuel system of wagering on the results of horse races may be used within the enclosure of a racetrack where a licensed race is being conducted or simulcasted. Neb. Rev. Stat. § 2-1207 (2006). An Attorney’s general opinion concluded that the simulcasting of horse races and permitting pari-mutuel wagering on those simulcasted races was not unconstitutional provided the wagering was placed at another licensed racetrack facility within Nebraska. 1987 Neb. AG LEXIS 40. Pursuant to § 2-1230, wagers may also be placed through teleracing facilities or by approved telephonic wagering; such wagers are accepted as if they were placed within a racetrack enclosure. Id. The telephonic form of wagering is permissible because the legislature found the pari-mutuel and horseracing industries to be important sectors of the agricultural economy of the State and serve to provide substantial revenue to the State and its residents. Neb. Rev. Stat. § 2-1230 (2006).

      1. Age Restrictions:

         Persons under nineteen years of age are not permitted to make pari-mutuel wagers. Neb. Rev. Stat. § 2-1207 (2006). Knowingly aiding or abetting an individual, under the age of nineteen, in placing a pari-mutuel wager, is guilty of a Class IV misdemeanor. Id.

      2. No horse racing on Sundays

      As a general rule, horse racing cannot be conducted on Sundays. Neb. Rev. Stat. § 2-1213 (2006). However, this rule can be modified when there is an application by a racetrack to conduct Sunday races and such application is approved by a majority of members of the State Racing Commission. Id. Some of the factors that the Commission must consider in making such a decision includes: whether Sunday races will promote agriculture and horse breeding in Nebraska; whether the applicant track has a license granted by the Commission; whether the track is in compliance with all applicable rules and regulations; whether denial of Sunday races would impair the track’s economic viability; and whether the record of the public hearing held on the issue shows reasonable public support. Id. If an application for Sunday races is approved, racing cannot occur past 1 pm. Id.

7. Specific Internet Prohibition

   There is a genuine lack of any legislation or case law regarding Internet gambling. However, there is an article that discusses Internet gambling at the State & Federal level. The article references a Nebraska house bill that was supposedly introduced to prohibit internet gambling. The article sites the following for the house bill: H.B. 1043, 95th Leg., 2d Reg. Sess. (Ne. 1998). There is little to know evidence of this house bills. For reference, the article containing this limited information can be found at the following internet address: http://grove.ufl.edu/~techlaw/vol4/issue1/olson.html#sar.

8. Penalties for Unlawful Gambling/Gaming Crimes
   1. Promotion of Gambling:

   Promotion of gambling is broken down into first, second and third degree penalties.

   1. First degree promotion of gambling

      First degree promotion of gambling is punished based on whether the individual has committed the particular offense before. The first time first degree promotion of gambling is committed it is a Class I misdemeanor, the second offense is a Class IV felony and the third and all subsequent offenses are punishable as a Class III felony. Neb. Rev. Stat. § 28-1102 (2006). This crime is committed when a person knowingly advances or profits from unlawful gambling activity. Id. An individual knowingly advances or profits from unlawful gambling activity by engaging in bookmaking in a manner so as to receive bets totaling $1,000 or more in a single day, or receiving more than $1,000 in a single day from the operation of a gambling enterprise. Id.

   2. Second degree promotion of gambling

      Second degree promotion of gambling is a Class II misdemeanor. Neb. Rev. Stat. § 28-1103 (2006). A person commits this offense by knowingly advancing or profiting from unlawful gambling activity by engaging in bookmaking, bets for which total less then $1,000 for a single day, or receiving less then $1,000 from an unlawful gambling enterprise in one day. Id. Second degree promotion of gambling is also committed when an individual bets something of valuing $300 or more, with at least one other person in a single day. Id.

   3. Promotion of gambling in the third degree

   Promotion of gambling in the third degree is a Class IV misdemeanor. Neb. Rev. Stat. § 28-1104 (2006). The punished party under this crime is the player. This crime is committed when a person “knowingly participates in unlawful gambling as a player by betting less than three hundred dollars in any day.” Id.

   2. Possession of Gambling Records or Devices:
      1. Possession of gambling records in the first degree

         “Possession of gambling records in the first degree is a Class II misdemeanor.” Neb. Rev. Stat. § 28-1105 (2006).. The person who commits this crime is not a player of a gambling game. Id. A person commits first degree possession of gambling records by knowingly possessing writing, paper, instrument or article that is commonly used in either of two situations. Id. First, the operation or promotion of a bookmaking scheme and the instrument has in fact been used for the recording or registering of bets or wagers. Id. Second, the instrument is “used in the operation, promotion, or playing of a lottery or mutual scheme or enterprise.” Id.

      2. Possession of a gambling device

   “Possession of a gambling device is a Class II misdemeanor.” Neb. Rev. Stat. § 28-1107 (2006). A person is guilty of this offense when “he or she manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device . . .” Id. The person must also have knowledge that the device is to be used in the advancement of unlawful gambling activity. Id. This crime does not encompass possession of gaming devices that have the capability of awarding free games, that are intended to be played for amusement only and allows for a right of replay at no additional cost. Id.

   3. Collection of Gambling Debt:

      Collection of gambling debt is a Class III felony. Neb. Rev. Stat. § 28-1105.1 (2006). The crime is defined as the use of force or intimidation, or threats of force or intimidation, by a person in order to collection any debt resulting form gambling. Id.

   4. Establishments Performing Gambling Related Offenses May Constitute a Nuisance:

   Control of nuisances, in the State of Nebraska, rests in the hands of the local municipalities. See Omaha v. Danner, 185 N.W.2d 869 (Neb. 1971). A city that qualifies under Nebraska Statute as one of the metropolitan class “possesses statutory authority to sue and to suppress nuisances.” Id. at 871. In Omaha, a public nuisance was evidenced by the use of property as a private club wherein activities, including gambling were conducted. Id. A house kept for purposes of a gambling operation has only been held to be a public nuisance in various other cases. See Hill v. Pierson, 63 N.W. 835 (Neb. 1895); State v. Araho, 289 N.W. 545 (Neb. 1940).

   “The jurisdiction of an equity court to abate a public nuisance exists independent of statutes; and it is within the power of the court to do whatever is reasonable necessary to abate the nuisance.” State v. Hatfield, 158 N.W.2d 612 (Neb. 1968). This power includes enjoining the use of the premises, for a reasonable period of time. Id. In Hatfield, the premises subject to being enjoined was found to be a nuisance because it served as a gathering place for various disorderly persons, including gamblers. Id.