Coin Machine Review (& Pacific ...)

Issue: 1948 August

'llvorllhie Arkllnslls License Lllw
Witllstllntls Test of Time
The state license law of Arkansas be·
longs high . on the list for its position
amonl!: the states alphabetically. Then, it is
one of the first general licensing statutes
and has also been referred to often for its
generally low rates. It is the low rates
that make it useful for reference, because
practically every state proposal that has
come up in recent years has contained high.
er tax rates than the Arkansas law.
The statute has many points on which
it can be criticised and one of the chief
objections which comes from the vending
machine trade is that it sets fees on each
vending machine, small fees in most cases,
instead of licensing the operator as a busi·
ness proprietor similar to other business
license statutes of the state. In the text of
the law there are 12 separate classifications
with fees on each "type of machine rangin~
from $1 to $5, and at least eight of them
. are vending and service machines.
The statute specifies penny scales, gum,
peanut, stamp, cigar and cigarette vendors
for a definite license fee each year and
then has one 'of those broad clauses~"all
other coin·operated vendors." Music rna·
chines are listed by name, and then a
general clause which covers "all other
coin· operated devices."
When operators prepare to fight un·
favorable legislation in other states, they
can refer to the Arkansas law for its very
!ow rates, and then it would be a good
Idea to suggest business licenses for opera·
tors of the many types of small vendors as
much more economical to collect than small
fees on each machine.
The present statute in this southern
state is an amended version, approved
March 9, 1939, of the original law passed
by the General Assembly of 1933. This
shows that coin machine legislation began
very early in the modern period of trade
history, that state license laws are now not
so very new. The date 1933 would also
suggest that the law was passed at a time
following the Depression, when states and
cities all over the nation were looking for
new sources of revenue. In fact, a few
more states looked around at about the
same time and discovered coin machines
for taxation.
The Arkansas law must also be classed
as a p~rt of the mo.vement to set up busi·
ness lIcense laws In various states and
especially among southern states. The'meas.
ures are regulatory and then the licenses
provide revenue. The coin machine trade
can feel that it has not been singled out for
special taxation, but that the idea came
in the regular course of taxing all kinds
of busi·"ss. In those states having a system
of business or privilege licenses, every ses·
sian of the legislature is marked by a
check to see what new business enterprises
are spreading in the state, and should be
included under the license laws. In such
situations, it would not be possible for the
coin machine trade to attain much size
and escape a license.
Legislative trends in 1945 and 1947 in-
dicated that the move to pass state license
laws on businesses had not gained much
momentum in comparison with the much
bigger trend to pass various forms of sales
and gross receipts taxes. Unless trends shift
considerably, the threat to tax vending
machines especially in 1949 will come as a
part of proposals to tax sales of candy, soft
drinks, cigarettes, etc. In the many state
legislatures in 1947 that considered cigar·
ette sales taxes, it was very easy to insert
some special fee for cigarette vendors in
such proposals.
That Arkansas is likely to keep its gen·
eral policy of licensing businesses is sug·
gested by revenue received in the fiscal
year 1946, which amounted to $6,440,000
from all types of privilege licenses. Coin
machine revenue was only a small part of
this, but helped to swell the annual total.
The state collected nearly 40 million dollars
from sales and gross receipts taxes, making
a revenue gain in this field of nearly 35
per cent as compared with the previous
year. This immense gain in sales tax rev·
enue, if it continues for a few years and in
many states, may be the best protection
the coin machine industry will have against
fees placed on machines. It may be the
main reason why so few coin machine taxes
were passed in the big wave of legislation
in 1947.
The reason given by Arkansas officials
for the big 1946 gain in sales tax revenues
is the gain in consumer sales, which actu·
ally means the big dollar sales due to
postwar high prices. These immense sales
and gross receipts revenues in many states
,,:ill furnish the coin machine trade, espe-
CIally the vending machine trade, with its
best argument for dropping taxes on rna·
chines.
License and privilege revenue in Arkan·
sas gained over 16 per cent iQ 1946 as
compared with 1945, but in many months
the revenue from coin machines was show·
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ing declines. This revenue source showed
a gain of only 3 per cent from 1944 to
1945.
Arkansas has the various types of taxes
now common in most states, including sales
and gross receipts, liquor tax, tobacco, pari·
mutuels, amusements, occupational, chain
store, individual income, and so on.
The state passes on a good share of
revenue collected to local governments and
in some cases this helps to prevent city
and county taxation on coin machines. The
state law on coin machines, however, spe·
cifically provides that any city may tax
amusement machines and vendors, but lim-
its such local tax rates to not more than
the state tax.
This may be considered as a good protec-
tive measure, for some states that tax coin
machines do not set a limit to local fees
and in some cases a local tax has been
passed which is much higher than the
state rate. This is an important point to
watch in other states, when new tax pro·
posals come up.
The history of the Arkansas law proves
the well·known fact that once a tax gets
on the books, there will be repeated at-
tern pts to increase the rate. This is espe·
. cially true in the postwar period, when the
trend in state and city taxes is upward.
The Arkansas law has worked well and
by comparison with some other state laws,
it must be classed as favorable by the trade.
Considering the fortunes of amusement
games in the neighboring state of Okla·
homa, the Arkansas law no doubt has been
a stabilizing influence for games operation
in the state. But all these favorable facts
still do not prevent efforts to increase the
tax rates. Maybe there is a temptation in
the fact that such close states as Texas
and Tennessee have much higher rates.
Strong moves to I;,aise the license fees
COLUMBIA
TWIN JACKPOT
Fruit or cigarette mach ine. Gold
Award or Jackpot Mode l. Si18 :
Height. IS ¥. in. ; Width . 12112 in.;
Depth. 12 in.; Weight. 43 Ibs.
WRITE FOR PR ICES
CROETCHEN
TOOL & MFG. COMPANY
126 N. Union Ave •• Chicago 6, III.
11
Section 6. ( a) That Section 1 of Act No. 137
of th e General Assembly of 1933. approved March
24 • . 1933, be and the same is hereby amended to
read as follows: There is hereby imposed upon the
owners. operators. lessors and upon their agents and
receivers a privilege tax for the operation of coin-
operated machines and vending machines. including
automatic music vending phonographs. which tax
shall be paid ann ually to the Commissioner of
Revenues of the State of Arkansas. upon the fol-
lowing basis:
On each coin operated penny weighing scale .... S1.00
On each penny gum vendor ... _. __ . ___ ._._ ............. _._ .. ___ 1.00
On each United States Stamp vendor ... _ .... _. __ .. _ 1.00
On each cigarett e vendor ... _____ . ___ . __ .... _ .... _. ____ ...... 2.50
On each combination cigar and cigarette vendor 2.50
On ·each penny peanut vendor ... _. ______ .. _ .... _._ ... 1.00
On each music vending phonograph. __ .. __________ . 5.00
On all other coin·operated vendors for less
than 5c ____________ . ____ ."_. __ . __ ._ .. ____________________________ 1.00'
ARE YOUR
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CROWLINC
FOR
MORE
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On than
all fc other
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_______ coin-operated
. _________ . ____ .. _________________________
. ____ 1.00,
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came in 1947 and they may be repeated
again in 1949. Oklahoma's somewhat un-
usual tax on music machines no doubt may
be held responsible for suggesting 1947
proposals to raise the phonograph tax in
Arkansas.
Through the years much credit must be
given to the Arkansas Music Operators
Assn. for its work in helping to prevent
high taxation. In 1945 and in 1947 this
organization performed the real work of
an association in fighting unfavorable legis-
lation. While the name of the group sug-
gests that it might work for music oper-
ators only, yet it fights for the whole trade.
Its work has been done quietly through
the years, and while many other organiza-
tions under similar circumstances have
passed into inactivity, this association keeps
on watching out for the best interests of
operators in the state.
The 1947 SOURCE BOOK lists such well-
known coinmen as Roy Bangs, J . B. Wood,
M. L. Armstrong, Dan Levine, Walter Day,
C. W. Holmes and John Stroup as active
in the association work. Much credit also
belongs to A. J. DeMer, attorney for the
group, and also to Mrs. Louise Early, the
secretary-trea~urer.
Attorney DeMer for
many years has been very cooperative with
other organizations in helping to meet legal
problems.
Arkansas is touched , by four states that
also have coin machine license laws, but
Arkansas holds the record for its low fees.
The other states bordering on it that have
license systems are L6uisiana, Mississippi,
Tennessee and Texas.
That REVIEW readers may be informed
more in detail about the Arkansas Jaw,
the statute is reprinted in full as follows:
ACT NO. 201
AN ACT TO LICENSE AND REGULATE THE
12
OPERATION OF AMUSEMENT GAMES DE-
SCRIBED IN THIS ACT: LEVYING A TAX THERE-
FOR. AND FOR OTHER PURPOSES. AND TO
APPROPRIATE SUCH REVENUE. REPEAL AND
AMEND CERTAIN SECTIONS OF ' ACT 137 OF
THE GENERAL ASSEMBLY OF 1933. BE IT
ENACTED BY THE GENERAL ASSEMBLY OF
THE STATE OF ARKANSAS:
Section 1.
The purpose of this Act is to permit
and lic ense the operation of coin operated amuse·
ment games and to regulate the
t18me
and fix a
penalty (or th e violation of this Act; and repeal
and amend certain sections of Act 137 of the General
Assembly of 1933.
Section 2. Amusement games shall include such
games as Radio Rifles, Miniature Football, Golf.
Baseball. Hockey, Bumper, Tennis. Shooting Galler-
ies, Pool Tables. Bowling and other miniature games
whether or not it shows a score and not hereinafter
excluded in Section 2 hereof, and where the charge
for playing is collected by a mechanical device.
and the operation of any of said games shall not
he construed to be in violation of any of the laws
of this State when operate!! in accordance with the
provisions of this Act.
Section 3.
Nothing herein contained shall be
deemed to legalize, authorize. license or permit any
machine common I y known as slot machines. Roscoes,
Jackpots or any machines equipped with any auto-
matic money pay-of[ mechanism.
Section 4. On each amusement game there shall
be imposed an annual privilege tax of $5.00. from
the passage of this Act until the beginning of the
fiscal year. July 1st. 1939. the Commissioner of
Revenues may issue a license or permit and charge
therefor one· half (VI) the regular annual tax, and
after the beginning of the fiscal year, July 1st,
1939, he shall collect for each machine the full
annual license fee when paid during the first six
(6) months of the · fisca l year, but any license fee
paid during the last six (6) months of the fiscal year
shall be upon the basis of one-half (VI) of the
annual tax. Upon the payment of the tax, the
State Revenue Commissioner will issue a license tag.
which shall state the period of time said amusement
game may be operated, and said tag must be at·
tached to the amusement game before placing in
operation.
Section 5. That every amusement game ' al de-
fined in Section 2 upon which the individual privi-
lege tax of $5.00 has not been paid, it is hereby de-
clared to be a public nuisance and may be seized
by any authorized agent of the State Revenue De·
partment and sold by the State Revenue Commis-
sioner on an order of the Pulaski Chancery Court.
provided further that the owner thereof ehall have
the privilege of redeeming said amusement games
within ten (10) days by paying the tax due and costs.
On aU other coin-operated vendors for 5c
or over .... _ .... _ ... ___ . ___ . __ ._. __ ._ ....... _ ... __ ....... __ ._ ............ 2.50
On all other co in·operated devices for 5c
or over ____ ..•. _ .. _. __ .... __ .... _ ..... _ ... ___ .. ___ .. _ .. _. __ ..... _ ... _ .. __ 2.50
On all coin· operated machines with over three
.
slots. for each slot over three._. ___ ........ _ .. ___ ._ .. 5.00
(b) That Section 3 of said Act No. 137 of the
year 1933. be and the same is hereby repealed.
Section 7. The State Revenue Commissioner shall
have the authority to fix rules and regulations for
the proper enforcement of this Act.
S~ction 8.
All revenue collected under this Act
shall be deposited in the State Treasury j the first
$30.000_00 of which shall be placed to the credit
of the School Equalizing Fund; all over said 130.-
000.00 shaH be placed to the credit of the State
Board 0 f Heal th for rural heal th work.
Section 9. If any provision of this Act shall be
held unconstitutional. it shall not be construed to
invalidate any of the other provisions thereof.
Section 10. All municipal corporations may li-
cense and tax amusement games and vendors de·
scribed in Section 2 and 6 of this Act. provided
that the fee shall not exceed the amount of tax im-
posed by Section 4 and Section 6 of this Act.
Section 11. All laws or parts of laws which are
contrary or r ep ugnant to the provisions of this Act
are hereby repealed.
Section 12. Whereas, there is no adequate law in
this State defining and regulating amusement game!
and whereas without such law the State is being
deprived of revenue upon such business through the
unregulated conduct thereof. and whereas the pass-
age of .uch laws necessary for the immediate preser-
vation of the public peace. health and safety of the '
inhabitants flf this State. an emergency exists and
this Act shall take e ffect and be in force from ann :
after its passage.
Approved March 9. 1939.
Appeal and Test Looms
On N. Y. Pin Ball
NEW YORK- Latest developments here,_,
before press time, in the unfavorable games ,
situation show trade circles considering
plans for taking an appeal on the adverse
court decision given recently by Federal '
Judge Pecora. Idea will also be to test con-
stitutionality of the new city ordinance
which bans pin ball.
The new city law arbitrarily bans the op-
eration of pin ball and "bagatelle" ma-
chines. It was generally understood that
owners would have 30 days in which to ship ,
equipment out of the city area.
Court proceedings which ended in the un '
favorable verdict by Judge Pecora contin-
ued for about two weeks, and a dozen dif-
ferent machines were before the court. Hon.
Samuel I. Rosenman, former Supreme Court
Justice, led the battery of legal talent rep-
resenting the trade. George Glassgold, CMI
counsel, made strong pleas before the city
council against the proposed ordinance.
Among witnesses for the Industry during
the court proceedings were Sam Stern, of
Williams Manufacturing Co., Chicago; Herb ,
Oettinger, of United Manufacturing Co.,
Chicago; Bert Lane, head of Seaboard, New
York; and Bernard Gottlieb, engineer . of
Chicago Coin Machine Co., Chicago.
Buys Arcade
SEATTLE-Northwest Sales Co., dis-
tributors of Mills phon os and other equip-
ment, has gone into arcade operating by
purchasing Parks' Arcades 'at 1st and
r
Madison.
Ron Pepple, Northwest Sales president,
has re-christened the establishment "North-
west Arcades" and installed Bill Alsdorf
of h is staff as manager.
COIN MACHINE REVIEW

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