Pennsylvania State Police said 99.4% of businesses checked since enforcement began Oct. 14 had removed skill-game devices, following the expiration of a court-ordered compliance period.
Troopers visited 12,202 establishments statewide and found that 12,134 no longer had the machines. The remaining 68 locations accounted for the small share still holding devices. Police have seized 14 machines and $1,913, while investigations into businesses that did not voluntarily comply remain active.
The agency said it can seize and seek forfeiture of machines, associated equipment and proceeds, and can file criminal charges when appropriate. Distributors and establishments that continue to operate the devices could face charges for unlawful gambling and related offenses.
The enforcement campaign followed the Pennsylvania Supreme Court’s June 15 ruling that skill-game devices fall under both the Gaming Act and the Crimes Code. The court stayed its decision for 120 days, barring adverse law-enforcement action based on the ruling during that period. The safe-harbor period ended in October, and state police began enforcement Oct. 14.
Under the court’s ruling, devices may be operated only at premises licensed by the Pennsylvania Gaming Control Board. State police have said that licensed casinos and qualifying licensed truck-stop establishments may legally possess and operate slot machines or board-approved video gaming terminals.
Police also addressed arguments that some devices operate as sweepstakes games rather than slot machines because they do not take cash. The agency said a slot-style game with spinning reels or video displays can be an illegal gambling device if it accepts any form of player compensation and offers cash, credit or financial reimbursement. Offering free credits or free gameplay does not make a game lawful when players may continue using their own money.
The Supreme Court decision covers devices whose outcomes are based on chance, skill or a combination of both, including those using random-number generators or finite outcome pools. The court noted that the General Assembly added “skill slot machine” and “hybrid slot machine” to the Gaming Act’s slot-machine definition in 2017.
Six operators or distributors reached compliance agreements with state police, making their machines inoperable, providing location lists and agreeing to weekly removal-status updates. Police said simply turning off or unplugging an otherwise operable machine does not change its status as a slot machine.
As we reported in September, lawmakers had considered a bill to regulate skill games while banning sweepstakes games, but no skill-games legislation was enacted before the Oct. 13 deadline. The Attorney General’s Office had estimated that about 70,000 skill-game terminals were operating in Pennsylvania as of the summer.
