Wisconsin Statutes
Wis. Stat. § 945.04 (2026)
Permitting premises to be used for commercial gambling
✓ current as of July 2026
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945.04(1m)(1m) Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:
945.04(1m)(a)(a) Permits any real estate owned or occupied by him or her or under his or her control to be used as a gambling place; or
945.04(1m)(b)(b) Permits a gambling machine to be set up for use for the purpose of gambling in a place under his or her control.
945.04(2m)(2m) If the violation of sub. (1m) involves the setup or use of not more than 5 video gambling machines on premises for which a Class “B” or “Class B” license or permit has been issued under ch. 125, the person may be penalized as follows:
945.04(2m)(a)(a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.
945.04(2m)(b)(b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.
945.04(2m)(c)(c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.
945.04(2m)(d)(d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.
945.04(2m)(e)(e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.
945.04 AnnotationThe defendant’s use of a warehouse to conduct pyramid club meetings was a “principal use” under s. 945.01 (4) (a). State v. Dahlk, 111 Wis. 2d 287, 330 N.W.2d 611 (Ct. App. 1983).
Notes of Decisions
Cited in 5
cases, 1970–2020 · leading case: State v. Dahlk, 330 N.W.2d 611 (Wis. Ct. App. 1983).
State v. Dahlk, 330 N.W.2d 611 (Wis. Ct. App. 1983). “Defendant was convicted in a jury trial of violating sec. 945.04(1), Stats., permitting real estate under his control to be used as a gambling place.”
Quick Charge Kiosk LLC v. Josh Kaul, 2020 WI 54 (Wis. 2020). “And anyone who "[p]ermits a gambling machine to be set up for use for the purpose of gambling in a place under his or her control" is guilty of a misdemeanor under Wis. Stat. § 945.04 (1m)(b). 4As for the other elements, it is clear that Quick Charge's kiosks are contrivances…”
Carl R. Kramer v. Vill. of North Fond Du Lac & Larry Wodack, 384 F.3d 856 (7th Cir. 2004). “On remand, Kramer entered into a plea bargain with the State, and the judgment of conviction was amended by reducing the two offenses with which he was charged to Class A misdemeanors contrary to Wis. Stat. § 945.04 (lm)(b); which prohibits setting up gambling machines to be…”
City of Cudahy v. DeLuca, 181 N.W.2d 374 (Wis. 1970). “[8] Sec. 945.04, Stats. [9] Sec. 944.21 (1) (a), Stats.”
Quick Charge Kiosk LLC v. Josh Kaul (Wis. Ct. App. 2019). “§ 945.04 prohibits permitting premises to be used for commercial gambling.”
— Wis. Stat. § 945.04(1) — 1 case
State v. Dahlk, 330 N.W.2d 611 (Wis. Ct. App. 1983). “Defendant was convicted in a jury trial of violating sec. 945.04(1), Stats., permitting real estate under his control to be used as a gambling place.”
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