Pennsylvania begins enforcement against unauthorized skill games

Pennsylvania State Police said enforcement against unauthorized skill-game machines began Oct. 14, after a 120-day transition period following a state Supreme Court ruling. Six operators or distributors agreed to disable their devices starting that day and remove them in stages under timelines set by police.

The agreements offer those six signatories a staged removal process, not a general exemption. Police said they would defer seizure until the agreed removal deadlines expire. Machines still in place after the timelines may be forfeited. The announcement does not establish that machines were seized statewide on Oct. 14.

Removal agreements set reporting requirements

Under the agreements described by state police, the operators or distributors must render devices inoperable, provide a comprehensive list of machines and their locations, and send weekly updates on removals. Police said agreements with other distributors were pending. The agency did not identify the six signatories or say how many machines their agreements cover.

State police guidance says simply turning off or unplugging a machine does not meet the requirement if it remains readily operable. Police say enforcement may include seizure and forfeiture of machines and associated equipment, seizure of proceeds, and criminal charges when appropriate.

The guidance applies to devices outside businesses licensed by the Pennsylvania Gaming Control Board. It identifies licensed casinos and qualifying licensed truck stops as permitted locations, subject to board inspection and approval of the machines.

Supreme Court ruling set the enforcement deadline

On June 15, the Pennsylvania Supreme Court ruled that the skill-game devices before it were subject to the state Gaming Act and Crimes Code. It reversed Commonwealth Court orders that had found the unlicensed operation at issue was not subject to the Gaming Act and was not prohibited under the relevant Crimes Code provision. The Supreme Court stayed its order for 120 days to allow a transition; state police identified Oct. 14 as the start of enforcement.

The ruling addressed the devices before the court. Businesses possessing or operating covered machines outside permitted, licensed settings now face possible seizure, forfeiture and prosecution under the enforcement approach described by state police. The agreements provide additional time only within the removal schedules police set for their signatories.

WITF reported an estimate of about 70,000 skill-game machines statewide. That figure is an estimate, not an official state inventory or a count of machines covered by the six agreements. State police have not announced a statewide total of machines removed or seized.

The enforcement deadline followed public calls for a different approach. WITF reported that about 200 supporters rallied at the Capitol on Oct. 6 urging lawmakers to regulate and tax the machines. Supporters said the games generate revenue for small businesses, veterans’ organizations and fire departments. Those were arguments made by supporters, not verified statewide impact figures.

The Pittsburgh Post-Gazette reported that one distributor said its business was ending and anticipated further layoffs as removals proceeded. That account describes the expected effect on one business; it does not establish a statewide estimate of job losses.