Coin Slot Magazine - #071 - 1981 - January [International Arcade Museum]
What Is An
"Antique
Slot
Machine"?
In his 1979 publication, An Il
lustrated Price Guide to the 100 Most
Collectible Slot Machines - Volume 2,
Richard M. Bueschel, in a truly out
standing job of research, provides a
review of "Slot Machine Collectible
Laws" State by state. One of the
categories in this review is entitled,
"Description
of
Antique
Slot."
California
Law Does Not
Define
"Antique
Quaere, whether Bueschel inten
tionally chose to use the word
"Description" rather than the word
"Definition."
According to Funk & Wagnall,
"description" is that which gives a
verbal account of something; that
which gives a mental picture or idea
Slot Machine".
of something; that which is a por
trayal of something in words; whereas
"definition" is the act of stating what a
word, phrase, or set of terms means; it
is the state of being clearly outlined or
determined; it is a determination
which is precise or explicit.
I suspect that Bueschel intentional
ly chose the word "description" rather
than "definition," because none of the
statutes
and
their
amendments
reviewed by Bueschel state precisely
or explicitly the type of slot machine
which
can
be
"possessed"
or
by
"collected" without violating certain
criminal or tax laws of a given state.
Bueschel notes this problem with
regard to certain statutes: Colorado -
Louis J. Fischl
"Any date provided not used for
gambling but not clearly defined"
(emphasis added); Connecticut -
"Any date provided not used for
Member
State Bar Of
California
Professor Of
gambling but not clearly defined"
(emphasis added); Michigan - "Any
date provided not used for gambling
but not clearly defined" (emphasis
added).
While
Bueschel
has
correctly
labeled some of the statutes as not
clearly defining an "antique" slot, it
can be contended that all of the
applicable statutes fail, not only to
define CLEARLY an "antique" slot
machine, but also fail to provide ANY
definition
of
an
"antique"
slot
machine.
Some of the "descriptions" raise
interesting issues. For example, in
Mississippi, Nevada, and Ohio the
Business,
San Jose State
University
Recently we received a court transcript
which made our whole staff stop, reread
and then ask questions. We found some
answers, but we were not satisfied. We
took our unanswerable portion of the
puzzle to Louis J. Fischl, a noted attorney
and collector in California.
By way of a little background - a retail
slot machine store was opened in New
port Beach, California. Some of the
machines which were offeredfor sale had
"description" permits ownership of
any slot machine, regardless of date
a great deal of recasting - primarily of
parts of the cases. It seems that a problem
arose as to whether these particular
machines were "restored" or "reproduc
tions". Keep in mind that the mechanisms
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The upshot
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judge ruled
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were essentially original - minor new
parts being used such as springs and reel
Mr. Fischl gives us a great deal offoodfor
thought in his analysis of the case.
10 — THE COIN SLOT
© The International Arcade Museum
of manufacture, provided it is not
operated for profit. Does this mean
that such a machine can be used for
gambling purposes as long as the
pay-out is 100% (i.e., without profit to
the owner)? Or does this mean that
such a machine cannot be used for
any purpose which provides the
POSSIBILITY of a profit to anyone
(i.e., owner or player)? The descrip
tion under Minnesota's law covers
any slot machine, regardless of the
date of manufacture, provided it is not
used for gambling and provided it is
"inoperable."
Is
a
machine
"inoperable" when it will not accept a
coin? When the handle will not func
tion? When the reels will not turn?
When the pay-off mechanism will not
function? Just what IS an inoperable
machine? Is it one which isTOTALLY
inoperable - i.e., one without any
moving parts whatsoever??? The
description under New Hampshire's
law
covers
any
slot
machine,
regardless of date of manufacture,
provided it is "for personal amuse
ment only." The possible meanings
here are limitless, and Bueschel
remarks, "Law needs clarification." A
very polite understatement!
Most of the more common descrip
tions in other statutes fall into two
categories: (1) those which permit the
collection
of any slot machine,
regardless of date of manufacture,
provided it is not used for gambling;
and (2) those which permit the collec
tion of any slot machine manufac
tured prior to a specified date (e.g.,
1941) or manufactured a specified
number of years ago (e.g. 25 years
ago or earlier, provided it is not used
for gambling. The first type of
description is the most desirable,
basically, for two reasons: Even the
most
recently
manufactured
machines represent, in the minds of
many, characteristics (e.g., art work,
mechanical functioning, electronic
curio) which give rise to their collec-
tibility. Of utmost importance is the
simplicity of such a description. The
key word is "gambling," and that is
reasonably well defined in most
jurisdictions. This avoids the problem
of having to interpret such words as
"antique" or "manufactured."
The specific problem to which this
article is addressed is the typical
ambiguity of those statutes in the
second
category
(above)
which
legalize the collection of machines
manufactured prior to a certain date
or manufactured a specified number
of years. The California statute
will be used as a point of reference,
and a 1979 California case will be
used to illustrate the problems which
collectors may
the legality of
collections.
It
is
not
legislature of a
have in substantiating
certain items in their
uncommon
for the
state to use a key word
in a statute without defining it. For
example, under Section 2-302 of the
Uniform Commercial Code of Califor
nia, the court may refuse to enforce
an "unconscionable" contract for the
sale of goods. The Code does not
define
"unconscionable".
Unlike
many terms used in legislation, this
JANUARY, 1981
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