Does Law Define “Pennsylvania Skill” As Slot Machines or Not?

Commonwealth Court in Pennsylvania confirmed that video game machines manufactured and distributed by POM of Pennsylvania are considered “slot machines.” The questionable games, bearing the name ‘Pennsylvania Skill’ are produced by Pace-O-Matic and Savvy Dog Systems.

Following the court’s ruling, campaigners are pushing Pennsylvania’s authorities to confiscate thousands of gambling machines at establishments across the state. POM is thought to have as many as 5,000 of the machines in operation, in versatile objects such as convenience stores, bars, restaurants, and many others.

PGCB License Needed

The ruling was made as part of an ongoing action filed last year by the manufacturer against state authorities.

As far as the company requested…

…the Department of Revenue and the City of Philadelphia should be instructed to halt seizing or threatening to seize POM equipment and arresting or prosecuting any individuals in relation to the operation of POM games.

In a counterclaim, the Department of Revenue requested that POM needs to obtain the proper licenses from the Gaming Control Board, otherwise it will be ordered to remove its machines from all Pennsylvania establishments and cease further sale and distribution of its machines within the state.

The Problematic Definition

One the other hand, POM stressed out that their machines were a “game of skill”, which means that they were not under the remit of the Gaming Law.

As far as Judge Patricia McCullough clarified…

… elements of skill did not mean it could not be considered a slot machine under the of the Gaming Act. The court also concluded that POM’s games do not fall under the Pennsylvania Gaming Control Board’s jurisdiction. This means they are subject to the state’s Crimes Code, and not the Gaming Act.

Judge McCullough explained:

“Because the plain language of the Gaming Act indicates that the General Assembly did not intend for the Gaming Act to regulate unlicensed slot machines which fall outside the ambit of the licensed facilities clearly delineated by the Gaming Act, and/or supplant the Crimes Code’s regulation of the same, we conclude that the POM game is not subject to the Gaming Act. We, therefore, deny the Department’s application for summary relief in the nature of a motion for judgment on the pleadings.”

Parx s the Campaigners

Campaigners declared that the court’s ruling means that these machines are now subject to forfeiture.

Under the Pennsylvania Crimes Code, Title 18 Section 5513…

… the manufacture, set up, sale, lease, or ownership of a slot machine for gambling purposes is illegal. The State’s Lottery is also a loud vocal critic of the machines, stressing out that “their existence has cannibalized scratchcard sales by as much as $185.2m.”

Parx Casino is also among the ers of the initiative. Their vice president of legal and chief counsel Thomas C. Bonner commented on the situation as follows:

“We know that illegal slot machines and full-blown illegal casinos are popping up all over Pennsylvania. We know that minors are gambling, and we know that the state lottery is losing tens of millions of dollars that should be going to our seniors because of these illegal machines. It’s time to confiscate these machines and put these illegal casinos out of business.”

Source:

“Court rules against ‘Pennsylvania Skill’ machines”, igbnorthamerica.com, November 21, 2019.