THE MICHIGAN PENAL CODE
Act 328 of 1931
750.372 Lotteries and gift enterprises; prohibited acts; applicability of subsection (1); “promotional activity” defined; violation as misdemeanor; penalty.
Sec. 372.
(1) Except as otherwise provided by law or in this section, a person shall not do any of the following:
(a) Set up or promote within this state any lottery or gift enterprise for money.
(b) Dispose of any property, real or personal, goods, chattels, merchandise, or valuable thing by the way of lottery or gift enterprise.
(c) Aid, either by printing or writing, or in any way be concerned in the setting up, managing, or drawing of a lottery or gift enterprise.
(d) In a house, shop, or building owned or occupied by him or her or under his or her control, knowingly permit the setting up, managing, or drawing of any lottery or gift enterprise, or knowingly permit the sale of any lottery ticket or share of a ticket, or any other writing, certificate, bill, goods, chattels, merchandise, token, or other device purporting or intended to entitle the holder or bearer or other person to any prize or gift or any share of or interest in any prize or gift to be drawn in any lottery or gift enterprise.
(e) Knowingly allow money or other property to be raffled off in a house, shop, or building owned or occupied by him or her or allow money or other property to be won by throwing or using dice or by any other game or course of chance.
(2) Subsection (1) does not apply to a lottery or gift enterprise conducted by a person as a promotional activity that is clearly occasional and ancillary to the primary business of that person. As used in this subsection, "promotional activity" means an activity that is calculated to promote a business enterprise or the sale of its products or services, but does not include a lottery or gift enterprise involving the payment of money solely for the chance or opportunity to win a prize or a lottery or gift enterprise that may be entered by purchasing a product or service for substantially more than its fair market value.
(3) A person violating subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine of not more than $1,000.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.372 ;-- Am. 1996, Act 206, Imd. Eff. May 21, 1996
FormerLaw Notes:
See section 1 of Ch. 160 of R.S. 1846, being CL 1857, § 5891; CL 1871, § 7735; How., § 9331; CL 1897, § 11344; CL 1915, § 15050; CL 1929, § 16613; and Act 86 of 1867.
Notes of Decisions
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
· cites it 46× “The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006).
· cites it 29× “The significant issues presented in this case are (1) whether plaintiff was promoting or operating a “lottery” under MCL 750.372; (2) whether plaintiffs conduct amounted to a permissible “game promotion” under MCL 750.”
Miller v. Radikopf, 228 N.W.2d 386 (Mich. 1975).
· cites it 4× “The general policy of this state against the holding of lotteries, MCLA 750.372 et seq.; MSA 28.604 et seq., would be seriously compromised, however, if lottery winners were allowed to successfully bring suit for their prizes.”
People v. Hollman, 162 N.W.2d 817 (Mich. Ct. App. 1968).
· cites it 2× “NOTES [1] CL 1948, §§ 750.372, 750.505 (Stat Ann 1954 Rev §§ 28.”
People v. Braylock, 324 N.W.2d 530 (Mich. Ct. App. 1982).
· cites it 2× “Defendants moved to quash the amended information, arguing that the proofs taken at the preliminary examination showed acts which, if criminal at all, were a violation of MCL 750.372; MSA 28.604, which bans illegal lotteries.”
People v. Sobczak, 73 N.W.2d 921 (Mich. 1955).
“306, inclusive, and § 750.372 [Stat Ann 1954 Rev §§ 28.533-28.”
People v. Bommarito, 190 N.W.2d 359 (Mich. Ct. App. 1971).
· cites it 2× “Count III charged that the defendant permitted a lottery to be conducted by deputy sheriffs with his knowledge, consent and acquiescence, contrary to MCLA § 750.372 (Stat Ann 1954 Rev § 28.604).”
People Ex Rel. Attorney Gen. v. Koscot Interplanetary, Inc., 195 N.W.2d 43 (Mich. Ct. App. 1972).
“The Michigan statute prohibiting lotteries is found in 193Í PA 328, § 372, as amended by MCLA 750.372; MSA 28-.604, which provides as follows: “Any person who shall set up or promote within this state any lottery or gift enterprise for money, or shall dispose of any property,…”
People v. Brynski, 81 N.W.2d 374 (Mich. 1957).
“306, inclusive, and § 750.372 [Stat Ann 1954 Rev §§28.533-28.”
ACF Wrigley Stores, Inc. v. Wayne Prosecuting Attorney, 102 N.W.2d 545 (Mich. 1960).
“CL 1948, ■§ 750.372 [Stat Ann 1954 Rev § 28.604] provides: “Any person who shall set up or promote within this State any lottery or gift enterprise for money, or shall dispose of any property, real or personal, goods, chattels or merchandise or valuable thing, by the way of…”
Miller v. Radikopf, 214 N.W.2d 897 (Mich. Ct. App. 1974).
“The general policy of this state against the holding of lotteries, MCLA 750.372 et seq.; MSA 28.604 et seq., would be seriously compromised, however, if lottery winners were allowed to successfully bring suit for their prizes.”
— Mich. Comp. Laws § 750.372(1) — 2 cases
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006).
“The significant issues presented in this case are (1) whether plaintiff was promoting or operating a “lottery” under MCL 750.372; (2) whether plaintiffs conduct amounted to a permissible “game promotion” under MCL 750.”
— Mich. Comp. Laws § 750.372(1)(a) — 1 case
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
— Mich. Comp. Laws § 750.372(1)(c) — 1 case
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
— Mich. Comp. Laws § 750.372(2) — 2 cases
Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006).
“The significant issues presented in this case are (1) whether plaintiff was promoting or operating a “lottery” under MCL 750.372; (2) whether plaintiffs conduct amounted to a permissible “game promotion” under MCL 750.”
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
— Mich. Comp. Laws § 750.372(l)(a) — 2 cases
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006).
“The significant issues presented in this case are (1) whether plaintiff was promoting or operating a “lottery” under MCL 750.372; (2) whether plaintiffs conduct amounted to a permissible “game promotion” under MCL 750.”
— Mich. Comp. Laws § 750.372(l)(c) — 1 case
Attorney Gen. v. Powerpick Player's Club of Michigan, LLC, 783 N.W.2d 515 (Mich. Ct. App. 2010).
“The Attorney General further argued that PowerPick's random drawings for scratch-off tickets constituted an illegal lottery, and that PowerPick illegally promoted both its own lottery and the Michigan Lottery for money in contravention of MCL 750.372. The Attorney General also…”
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