Gambling Machines In Convenience Stores Rating: 6,3/10 9129 votes

If you want to make your local corner store owner really nervous, try asking them this question – “How do those gaming machines work?” When I asked the owner of a store that I frequent, I got a very nervous “Why do you ask?” in response. It seems almost every independently run convenience store I go in has a small bank of video gaming (gambling) machines, also known as eight-liners, tucked away somewhere in the store. I got curious about all these machines and thought I’d write a post to share what I found out. This is an abnormal post for this site but falls under the “Dad is Learning” philosophy of living.

Haverstick estimated the firm’s current machine count in Pennsylvania at about 10,000 earlier this year - which opponents say means they’ve effectively delivered gambling to corner bars. The issue involves those video gambling machines you see in gas stations and convenience stores across Georgia. There are 25,000 of them spread out across 5,000 locations. Sign up for FOX 5 email. The convenience store, near Thomas Jefferson High School, is just one of the locations in which these machines have popped up in the past two years. Across the Richmond area and around the state, more than 4,000 similar machines can be found in gas stations, bars and mostly locally owned convenience stores eager for a new stream of revenue. In December, police began investigating possible video gambling machines in the City Corner convenience store, 4300 S. “The machines were described as similar to slot machines in Las Vegas that you pay cash to play and are paid out cash from the store if you win,” according to charging documents.

A BIG Loophole

Laws on video gaming machines vary from state to state. Texas is surrounded by states that allow gambling, leading to a high number of attempts to circumvent laws against gambling in Texas. Section §47 of the Texas Penal Code defines gambling but in §47.01(4) you will find the provision that has been litigated for over a decade that excludes “gambling devices” that are defined as “any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona-fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.” This is often referred to as the “fuzzy animal” defense, derived from the claw games you see in restaurants and elsewhere.

The loopholes in the law are numerous. The Dickinson County Police have posted an advisement from the Galveston County District Attorney’s office about this matter. Here are a few noted exceptions quoted from that site:

  • Regarding the “charitable sweepstakes” issue: Typically this is done by some type of an association being made with the charity group by the owner of the 8-liners. The players put their money into the machine as a “donation” and you are allowed to play the game for free. At the end of the day the Charity may pay the owner of the machines $.90 out of every $1.00 collected. This is not an exception to the law.
  • The use of “door prizes” to attract customers is presumed to be legal, provided the players are not given additional entries into the door prize drawing based on the number of credits they win on a game or device.
  • The following could result in prosecution – Any award of non-cash merchandise prizes, toys, or novelties that have a wholesale value available from a single play of the game or device of more than 10 times the amount charged to play the game or device once, or $5.00, whichever is less. The accumulation or stacking of credits/tickets toward the purchase of more valuable prizes will be considered to be a violation of the law if the accumulated credits exceed the maximum value for a prize which can be awarded from the machine as noted above. The wholesale value of the prize, not the ticket, available from a single play, must be no more than 10 times the amount charged to play or $5.00, whichever is less.

The Difficulty of Enforcement

Gathering enough evidence to prosecute illegal gaming operations costs thousands of dollars and numerous man hours in already stretched thin police departments and district attorney offices. The machines are fairly portable and can be removed by simply unplugging them and wheeling them away on a dolly. Operations have been known to shut down and move overnight when there is suspicion of investigation. Due to the high volume of money involved, a few police officers have also been bribed to tip off the owners of illegal operations as occurred in Tarrant County in 2008.

The Meadowbrook Shopper, a neighborhood publication in Fort Worth, featured an interview with Tarrant County Sheriff Dee Anderson in the January 24, 2013 edition where he spoke about eight-liners in Fort Worth. Anderson said, “The machines have almost been eradicated in the county. At one time, we would have thousands of them in storage. Now, thanks to civil forfeiture through the Justice of the Peace Courts, we can seize them and have them destroyed within two weeks. Unfortunately, we’ve been so successful the machines are moving into smaller cities.”

Convenience

Many may not have issue with the morality of the machines but call authorities when a loved one loses large amounts of money to unregulated gaming machines. Anderson said, “More-and-more we will get calls from concerned relatives when their parents, or older relatives on fixed incomes, get scammed out of all their money involving eight-liners. Believe me, it’s a big problem. There are usually drugs associated with these operations. It’s not uncommon for us to seize 20-40 thousand dollars after raiding just one small operation.”

Illegal gaming operations are also an easy target for criminals. There is typically a large amount of cash involved and operators won’t contact the police due to the illegal nature of their activities. This Star-Telegram article from 2013 details a Fort Worth man who was ambushed, robbed, and murdered in September 2013 outside of an illegal gaming operation.

Why Was I Curious?

As I mentioned at the beginning of this post, I frequent two convenience stores that have a few of these machines. Let me be clear…I don’t play. These aren’t the illegal gambling dens that involve so much of the trouble documented in this post, but they are quite possibly operating in a grey area of the law. One store is close to my office and every time I have been in that location there is at least one person settled in and poking away at a machine. As several articles report, it is quite often people on a fixed-income, the unemployed, or the elderly who play on these machines.

A screenshot of the completed auction listings for the gaming machines.

My curiosity was also peaked by an auction on LonestartAuctioneers.com this week. I follow the site regularly as part of my side hustle but was surprised to see gaming machines being auctioned off by the Texas Facilities Commission. I wasn’t familiar with this agency, but part of their responsibility is the oversight of surplus property programs. The machines in the auction went for an average selling price of $300 to $400, plus 10% buyers premium. The 31 machines in the auction fetched a total of $8,540 plus buyers premium.

I follow the opinion of most financial advisers, who believe gambling in it’s various forms is a tax on the poor and people who can’t do math. Dave Ramsey offers up great insight on the matter of gambling in “Gambling Offers False Hope.” There is a reason the big casino across the border builds a new hotel building every year. And there is a reason individuals are willing to risk a $4,000 fine and maximum sentence of a year in jail for running illegal gaming machines. Gambling is a sure-fire money maker for the owner.

By Friday April 1, 2016 11:19 am EDT

The house wins yet again, this time in a legal fight over video gambling terminals. Under a state Supreme Court ruling, the City of Clarkston will no longer be able to write tickets to store owners for selling packaged alcohol and offering gambling on video terminals under the same roof.

The justices' March 21 decision invalidated a City of Clarkston ordinance that aimed to keep the touch-screen versions of old one-armed bandits out of convenience stores.

The machines in the case are the ones that are a little smaller than an old arcade game and offer match-em-up games. Prizes can be paid out in store merchandise, but not cash.

Some Clarkston officials have been rather unhappy about the machines in the city. They have said that residents in the tight-knit but relatively poor city want fewer machines and more regulations on them. Leaders have also argued that dusty shops frequented heavily by gamblers are not the kind of economic development the city wants. Nor do they want convenience store alcohol cases serving as illegal mini-bars for people who stand around and gamble.

For the gaming industry and 42 convenience stores, the case was important enough for them to file an amicus brief on behalf of /atlanta/clarkstons-war-against-video-slot-machines/Content?oid=14990978the Clarkston store owners whose ticket turned into a test case. (Attempts to contact the store owners for comment were not immediately successful. We'll let you know if things change.)

If Clarkston’s ordinance had been ruled A-OK, other cities might have looked into doing something similar. That would have forced stores to choose between lucrative alcohol sales and lucrative gaming. But in this case, the Supremes said, the statewide law that permits and regulates video gambling does not allow cities and counties to make a law like Clarkston did.

“It clarifies the landscape of what you can and cannot do, that’s really what we’ve always been after,” said Les Schneider, counsel to the Georgia Amusement and Music Operators Association, a state trade group that includes machine owners. He is also one of the industry's lobbyists at the state Capitol. He said the organization is happy with the unanimous decision.

“But at the same time, we have reached out to the folks in Clarkston to try and sit down with them and address what can be done with any problem locations that may exist in that city,” Schneider said.

Like lottery dollars, video gambling dollars help bankroll Georgia's Pre-K and HOPE programs, though the payoff isn't great compared to other games. For video terminals, the state's take is rising and will max out at 10 percent of revenue in 2020. But overall, lottery games send about 25 percent of revenue back to education.

Clarkston has passed other limits on what are technically called “coin-operated amusement machines,” such as banning them near schools. On March 1, city council approved a requirement that says a shop can not get more than 50 percent of its revenue from COAMs. That 50 percent limit is meant to shut down places that operate like mini-casinos, leaning on gaming rather than other goods to pay the bills.

Slot Machines In Convenience Stores Near Me

But Clarkston Mayor Ted Terry said enforcement of those complex laws is costly.

“We’re going to have to deal with the … issue of liquor stores having gambling machines, we’re going to basically have to spend more money on public-safety checks, sting operations, and audits. It basically means the city’s going to have to spend more resources to make sure the establishments are following all of the state laws,” said Terry.

The Georgia Municipal Association, an organization that advocates for the state’s cities, was rooting for Clarkston and filed an amicus brief with the Supremes on the city’s behalf. What Clarkston tried to do with the ordinance “definitely serves a public purpose,” said Amy Henderson, GMA’s director of communications and marketing. She said that the machines can turn what are supposed to be off-premises alcohol consumption places into on-premises consumption places by encouraging loitering.

Henderson said GMA would probably welcome looking at some state legislation that would allow cities to regulate alcohol sales and COAM.



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