FRANKFORT, Ky. (CN) — An educational nonprofit organization argued before the Kentucky Supreme Court on Friday that historical horse racing slot machines are illegal under state law because they do not qualify as pari-mutuel betting.
- Are Slot Machines Legal In Nc
- Are Slot Machines Legal In Nc Mountains
- Are Slot Machines Legal In Nc Carolina
Internet sweepstakes or video gaming machines have been a target of North Carolina law enforcement for years. Despite laws that put the brakes on video gaming, it seems some of those games are.
Kentucky law allows for gambling only on horse racing, and the state has no casinos, but the Kentucky Horse Racing Commission authorized tracks to install historic race gaming machines in 2010 after determining they constitute pari-mutuel betting — a system in which all bets are placed in a collective pool before winners are paid.
The machines were challenged by the Family Trust Foundation of Kentucky in 2014, and after the state Supreme Court remanded the case for a four-day bench trial in Franklin County Circuit Court in 2018, the machines were ruled to be in compliance with state law.
Historical racing slot machines base a player’s odds of winning on three randomly selected historic races, which are usually shown on a screen at the top of the machine.
Bets from multiple players are thrown together in a payout pool from which all the players’ winnings are paid.
This pool system is what makes the machines legal under Kentucky law, but the Family Trust Foundation has consistently argued that the lack of “reciprocal wagering” invalidates the circuit court’s ruling.
Based on expert testimony provided at the bench trial, the foundation claims that because no two players are ever wagering on the same three historical races, bets are essentially independent and have no reciprocal effect on any others, which means the machines fall outside the definition of pari-mutuel gaming.
The Kentucky Horse Racing Commission also rested its case on evidence produced during the bench trial, and said in its brief with the court that “facts matter.”
“After years of extensive discovery and following a four-day bench trial, the Franklin Circuit Court found that because each element of the definition was factually satisfied, ‘the Exacta System is a ‘parimutuel system of wagering’ … authorized under the provisions of KRS Chapter 230,’” the commission said.
Attorney Stan Cave argued on behalf of the Family Trust Foundation and asked the court to “bring certainty” to the issue of historic horse racing machines after a circuitous decade-long legal journey.
“What has happened here,” Cave said, “is just plain wrong on every level.”
The attorney bemoaned the fact that the machines have been added to horse racing tracks across the state with “no legislative action … no voter approval and no executive order.”
Justice Laurance VanMeter asked Cave about the circuit court’s decision to allow wagering on separate events, such as the random races chosen by the historic gaming machines.
“I’m not sure where he came up with that,” the attorney said.
“It’s just a fiction to say it’s betting on a race,” he added. “It’s like saying everyone who takes a shower is showering together because the water runs into the same sewer.”
Are Slot Machines Legal In Nc
Deputy Chief Justice Lisabeth Hughes asked Cave if his client challenges the findings of fact made by the circuit court after the bench trial.
The attorney said he only disputed the finding of facts insofar as the judge misapplied the relevant law to the findings at trial.
“The wagering is pari-serial,” Cave said. “A player follows a player follows a player. But it is not pari-mutuel.”
Justice Michelle Keller asked Cave whether the legislature’s 10-year silence on the issue has any bearing on the legality of the machines.
“If the general assembly wants to legalize gaming, such as slot-type gaming, then the assembly should act to authorize it,” the attorney answered.
Attorney Jay Ingle argued on behalf of Kentucky Downs LLC and several other racetracks that use the Exacta Gaming system and told the court that the legislature’s lack of action “speaks volumes.”
“If the legislature thought this was bad policy … it would have said so,” the attorney said.
Ingle claimed his opposition’s arguments were an attempt to relitigate the circuit court’s decision and told the court it has “heard all these same arguments before.”
The attorney seized on the fact that his opposing counsel did not dispute the findings of fact made after the bench trial and told the court that every expert witness – including the foundation’s – agreed that having multiple bettors placing bets on different events in the same pool is legal under Kentucky law.
Attorney Jennifer Wolsing, arguing on behalf of the Kentucky Horse Racing Commission, told the court that any alteration of the definition of pari-mutuel wagering would fundamentally alter the way bets are taken in live racing as well as the machines.
Wolsing said eliminating carryover pools like the ones used by the machines would also eliminate “exotic” betting that has risen in popularity and often involves pools with no winners that are carried over to the following day of races.
In his rebuttal, Cave disputed the notion that his client wants to alter or add words to the definition of the rule.
“Nothing could be further from the truth,” he told the court.
The justices peppered all of the attorneys with questions throughout their arguments and recognized the decision would not be an easy one.
“This is a difficult puzzle,” Keller admitted during Cave’s rebuttal.
No timetable has been set for the court’s decision.
State Laws for legal Slot Machine Ownership
GAMBLING DEVICE. You must understand that using a slot machine for profit or gambling purposes is illegal and could subject you to severe penalties. Before purchasing a slot machine you must understand that every state does not allow ownership of these machines. However, we suggest that you check with your local authorities. We assume no responsibility for errors.
Pachislo machines are also know as Skill Stop, or Japanese Slot Machines. You may see that some people will advertise these as being authentic slot machines and might even state ‘Like used in Vegas’. This is not the case though it is possible to set these machines up to accept US coins, they are designed to accept tokens. The listing indicates which states these Pachislo machines are legal to operate.
New Information: We believe there is a concern over the legalities of these Pachislo machines in the States of Colorado, California, Washington, Idaho, Louisiana, Montana, North Dakota and Oregon
ALABAMA Any Machine PROHIBITED
ALASKA Any Machine LEGAL– Pachislo OK
ARIZONA Any Machine LEGAL–Pachislo OK
ARKANSAS Any Machine LEGAL, Registration Required.–Pachislo OK
CALIFORNIA 25 Years or Older or Slot Business Reg. W/DOJ
COLORADO Introduced pre-1984 or Slot Business Reg. W/DOJ
CONNECTICUT Any Machine PROHIBITED
DELAWARE 25 Years or Older–Pachislo OK
FLORIDA 20 Yrs. or Older or Slot Bus. Reg. W/DOJ –Pachislo OK
GEORGIA Pre – 1950
HAWAII Any Machine PROHIBITED — Pachislo OK
IDAHO Pre – 1950 — Pachislo OK
ILLINOIS 25 Years or Older– Pachislo OK
INDIANA 40 Years or older — Pachislo OK (Law changed in 2012 to allow possession IC 35-45-5-3.5 Version a)
IOWA 25 Years or Older
KANSAS Pre – 1950– Pachislo OK
KENTUCKY Any Machine LEGAL– Pachislo OK
Are Slot Machines Legal In Nc Mountains
LOUISIANA 25 Years or Older– Pachislo OK
MAINE Any Machine LEGAL– Pachislo OK
Are Slot Machines Legal In Nc Carolina
MARYLAND 25 Years or Older– Pachislo OK
MASSACHUSETTS 30 Years or Older. Poker machines & Video gaming devices of any age are legal for personal use.– Pachislo OK
MICHIGAN 25 Years or Older– Pachislo OK
MINNESOTA Any Machine LEGAL– Pachislo OK
MISSISSIPPI 25 Years or Older
MISSOURI 30 Years or Older
MONTANA 25 Years or Older. Machines are not allowed to be on public premises for sale or display.
NEBRASKA Any Machine PROHIBITED
NEW HAMPSHIRE 25 Years or Older
NEW JERSEY 30 Years or Older– Pachislo OK
NEW MEXICO: We received a letter from the Gaming Control Board of New Mexico stating the following; The only gambling device that my be possessed without a license from the board is a bona fide antique device. An antique gambling device is a gambling device that is at least 25 years old, is substantially in original condition, and is not used for gambling or located in a gambling place. It is illegal to possess gambling devices otherwise, in New Mexico unless you are a distributor, manufacturer or operator licensed by the board. “This letter was dated August 2, 2000”.
NEW YORK 30 Years or Older– Pachislo OK
NEVADA Any Machine LEGAL. — Pachislo OK
NORTH CAROLINA 25 Years or Older
NORTH DAKOTA 25 Years or Older– Pachislo OK
OHIO Any Machine LEGAL– Pachislo OK
OKLAHOMA 25 Years or Older– Pachislo OK
OREGON 25 Years or Older — Pachislo OK only if the Pachislo machine is over 25 years old
PENNSYLVANIA Pre – 1941– Pachislo OK
RHODE ISLAND Any Machine LEGAL
SOUTH CAROLINA Any Machine PROHIBITED
SOUTH DAKOTA Pre – 1941
TENNESSEEAny Machine PROHIBITED– Pachislo OK
TEXAS Any Machine LEGAL– Pachislo OK
UTAH Any Machine LEGAL– Pachislo OK
VERMONT Pre – 1954
VIRGINIA Any Machine LEGAL– Pachislo OK
WASHINGTON 25 Years or Older– Pachislo OK
WASHINGTON D.C. Pre – 1952
WEST VIRGINIA Any Machine LEGAL– Pachislo OK
WISCONSIN 25 Years or Older
WYOMING 25 Years or Older