A March 6 opinion issued by Attorney General Bill Pryor gives law enforcement officials throughout the state the authority they say is needed to close video gambling arcades.
Pryor’s opinion reverses statements he made in August that were interpreted as legalizing video gambling devices under current state law. He said at that time, however, his statements were made to challenge the constitutionality of the “Chuck E. Cheese law,” which permits video arcade machines to operate if some semblance of skill is required. Game winners cannot be awarded cash under this law.
Pryor, who was unavailable at press time to explain his recent decision, issued his opinion in response to a request by Winston County Sheriff Ed Townsend. It states that all forms of slot machines, including electronic and video gambling machines are illegal. The opinion said the operation of video gambling machines “sometimes found in so-called adult arcades” is a Class A misdemeanor.
“Any person owning or possessing an amusement game or device” or “acting on behalf of another person who gives … money for non-cash merchandise, prizes, toys, gift certificates or novelties received as a reward in playing an amusement game or device shall be guilty of a Class A misdemeanor,” he said.
Pryor said the opinion applies to games where gifts certificates are awarded, noting machines such as crane machines, novelty arcade games, target or shooting gallery machines, etc., are excluded.
Video gambling games, the opinion found, are similar to a lottery because “chance is the dominant factor in those games, and no amount of skill will ever determine the outcome of a video game where the machine is programmed to win.”
Expressing satisfaction with the attorney general’s decision, Jefferson County Sheriff Jim Woodward said his office expects to have the estimated 100 arcades in his jurisdiction closed no later than the end of March.
After determining “probable cause,” Woodward said the sheriff’s department must go before a court to obtain a search warrant and seize video gambling machines.
Arthur Green, assistant district attorney for Bessemer, said his office will begin an investigation March 18 aimed at seizing video gambling devices operated by arcades in its jurisdiction.
He said Pryor’s opinion doesn’t change the law as it already exists, but now gives law enforcement officials authority to enforce it as it relates to video gambling devices.
“They’ve been illegal,” Green said. “It’s just that we didn’t have any definite decision. Now we do.”
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