(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.
(2) An actor commits permitting gambling if the actor knowingly:
(a) permits gambling or fringe gambling to be played, conducted, or dealt upon or in real or personal property owned, rented, or under the control of the actor, whether in whole or in part; or
(b) allows the use of a video gaming device that is:
(i) in a business establishment or public place; and
(ii) accessible for use by an individual within the establishment or public place.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(b) A violation of Subsection (2) is a class A misdemeanor if the actor has previously been convicted of a violation of Subsection (2).