The gambling industry in Pennsylvania has grown considerably since slot machines were first legalized here in 2004. While the number of options for licensed gambling has grown, there has also been a proliferation of unlicensed “skill games” throughout Pennsylvania. These skill games are not like the slot machines or video poker machines of old; they have bright touchscreens, colorful graphics, and several game options that may result in a customer receiving a ticket that is redeemed for cash. And they are showing up everywhere. Bars, restaurants, clubs, convenience stores, and even hotels have added these machines to their locations.

The machines’ proliferation comes despite being in legal limbo. To date, there has not been a statewide determination as to the legality of these machines. Those in favor of the games claim they are perfectly legal as they require skill, not chance, to win and they provide a good source of revenue for veterans’ organizations, clubs and restaurants, especially now as those entities try to recover from the effects of COVID-19. Those opposed claim they are nothing more than slot machines with a new façade and therefore, illegal outside of licensed casinos. In the absence of a statute or appellate court decision declaring them illegal, many law enforcement agencies have decided it’s best to wait for clear direction from either the Legislature or the Judiciary before taking a stance. However, while some agencies remain neutral, the Pennsylvania Bureau of Liquor Control Enforcement (BLCE) has taken up the mantle on this issue and has been seizing gaming machines found on some licensees’ premises.

  • BLCE actions based on a broad interpretation of general language.

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