Businesses need to clear skill games
They can be found in convenience stores, gas stations, bars, restaurants, laundromats and other businesses across Pennsylvania.
But beginning Oct. 14, the machines commonly known as skill games will be illegal.
The Pennsylvania Supreme Court ruled June 16 that the devices are actually slot machines under state law and are prohibited unless operated by a licensed casino or qualifying truck stop. Businesses that continue to possess or operate the machines after Oct. 13 could face criminal penalties.
In advance of the ruling taking effect, Pennsylvania State Police are urging businesses to remove the machines and are offering guidance to help establishments avoid violations.
Only action by the state Legislature before the Oct. 13 deadline could change the court’s ruling. Whether lawmakers will act remains unclear as the House and Senate are currently adjourned.
Without legislative action, state police “may take enforcement action against establishments and businesses which continue to possess, operate, distribute, and/or maintain such machines after that date,” said Chris Caracino, deputy communications director for the state police.
That action could include the seizure and forfeiture of machines, related equipment and proceeds generated by them, as well as criminal charges when appropriate, Caracino said in a statement provided to the Times News.
State police said the Supreme Court’s decision determined that the skill game devices meet the definition of slot machines under the Pennsylvania Gaming Act and are considered gambling devices under the state’s Crimes Code. Under the law, owning, operating or maintaining slot machines without a license from the Pennsylvania Gaming Control Board is a criminal offense.
According to state police, only licensed casinos and qualifying truck stops may legally possess and operate slot machines or video gaming terminals that have been inspected and approved by the Gaming Control Board.
Caracino emphasized that simply turning off the machines will not bring businesses into compliance.
“Powering off or unplugging an otherwise operable machine is not sufficient,” he said. “To be clear, a slot machine does not cease being a slot machine if it has simply been turned off, unplugged or temporarily disabled, allowing it to be readily operated. If a distributor or vendor is unwilling to remove operable machines after the deadline, the establishment is encouraged to proactively reach out to PSP to assist in their removal to ensure compliance with applicable law.”
With less than a month before the deadline, state police said businesses should immediately discuss removing the machines with distributors or vendors, including any associated ticket redemption terminals.
If a vendor refuses to remove the machines, police said establishments should contact PSP for assistance to ensure compliance with the law.
Violations of the Crimes Code can carry significant penalties. Caracino said the offense is classified as a first-degree misdemeanor, punishable by a fine of $1,500 to $10,000, up to five years in prison, or both.
Businesses holding Pennsylvania Liquor Control Board licenses may face additional consequences.
Caracino said that establishments with illegal machines “may be subject to administrative citation pursuant to the Liquor Code.”
Any criminal charges, he added, would be determined by the prosecuting authority in the jurisdiction where the violation occurred.