Western Telcon, Inc. v. California State Lottery

Opinion

WERDEGAR, J.

May the California State Lottery, consistent with its constitutional and statutory authority, operate the game it calls Keno? After examining California law on lotteries and other forms of gambling, we conclude it may not, for a simple reason: California State Lottery Keno is not a lottery. As operated by the California State Lottery, Keno does not meet the statutory definition of a “lottery game” (Gov. Code, § 8880.12) or that of a “lottery” (Pen. Code, § 319), but is instead a house-banked game, in which the participants bet individually against the game’s operator, the…