(1) Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee, or otherwise, of any gambling device.

(2) It shall be a defense to a prosecution under this Section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.

(3) It shall be a defense to a prosecution under this Section that the gambling device is possessed or under custody or control of a manufacturer registered under the Federal Gambling Devices Act of 1962 (15 U.S.C. 1171 , et seq.) or a transporter under contract with such manufacturer with intent to transfer for use:

(4) Possession of a gambling device is a Class B Public Offense. (Ord. 06-20 § 6, 2006; Ord. 89-151 § 6, 1990; Ord. 83-75 § 2, 1983.)