HARRISBURG – Pennsylvania lawmakers have gone home without enacting legislation allowing so-called “skill game” machines to remain in operation after this week.
The Commonwealth’s House and Senate have adjourned until Monday, October 19, six days after the October 13th deadline for Pennsylvania businesses to remove the gaming machines.
On June 15, the Supreme Court of Pennsylvania ruled that skill games, often found in taverns, restaurants, social clubs, mini-marts, gas stations, grocery stores, laundromats, pizza parlors, and other businesses, are in fact “slot machines” as defined in the Gaming Act.
Slot machines are considered gambling devices under the Crimes Code, and a person commits a criminal offense by owning, operating, or maintaining slot machines without a license issued by the Pennsylvania Gaming Control Board.
Only licensed casinos and qualifying licensed “truck stop establishments” may legally possess and operate slot machines or video gaming terminals that have been inspected and approved for operation by the PGCB.
The Pennsylvania State Police cautions distributors and manufacturers of the machines that it is a criminal offense to maintain, assemble, set up, make, sell, or lease slot machines unless they are licensed and authorized to do so by the PGCB.
All “skill games” devices/slot machines located outside of PGCB-licensed businesses are unlawful, and all establishments possessing, operating or maintaining such machines are subject to criminal prosecution and immediate seizure of the machines as of October 14, according to a media statement from the State Police.
Law enforcement agencies may take enforcement action against businesses that continue to possess, operate, or maintain such machines after that date.
Enforcement may include seizing and forfeiting the machines, associated equipment, and proceeds associated with the operation of the machines, and filing criminal charges.
The State Police recommends that businesses that have such machines discuss their immediate removal with any distributors or vendors who may own the machines and associated equipment, including ticket redemption terminals.
Distributors, vendors, and manufacturers refusing to remove their slot machines from businesses could face criminal charges if they continue to maintain their slot machines at unlicensed locations.
According to the State Police media release, powering off or unplugging an otherwise operable machine is not enough. Police say that a slot machine does not stop being a slot machine if it has simply been turned off, unplugged, or temporarily disabled (including the removal of any hardware or software that may be replaced), allowing it to be readily operated.
If a distributor or vendor is unwilling to remove its machines after the deadline, State Police encourage the establishment’s operator to proactively inform PSP of the owner’s refusal to assist in their removal to ensure compliance with the law.
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