Coin Slot Magazine - #084 - 1982 - February [International Arcade Museum]
Legislative
UPDATE
STATE OF
ARKANSAS
*••*••••••••
41 -3253. Keeping gaming device — Penalty. —- Every
person, who shall set up, keep, or exhibit any gaming table,
or gambling device, commonly called A.B.C., E.O., roulette
rouge et noir, or any faro bank, or any other gaming table,
or gambling device, or bank of the like or similar kind, or of
any other description although not herein named, be the
name or denomination what it may, adapted, devised or
designed for the purpose of playing any game of chance,
or at which any money or property may be won or lost, shall
be deemed guilty of a misdemeanor, and on conviction
thereof, shall be fined in any sum, not less than one
hundred dollars [$100] and may be imprisoned any length
of time, not less than thirty [30] days nor more than one [1 ]
year. [Rev. Stat, ch. 44, div. 6, art 3, § 1; C. & M. Dig., §
2630; Pope's Dig., § 3320.]
NOTES TO DECISIONS
Acts Constituting Offense.
One who furnishes any device by which money may be won or
lost through chance or skill is guilty of exhibiting a gambling device.
Johnson v. State, 101 Ark 159, 141 S.W. 493 (1911).
Conversion to Gaming Device.
Merely setting up a machine that gives free games dos not
violate this section, but when the free games won on the machine
machines shall pay a license tax thereon, and the purpose
of this act [§ § 84-2601 — 84-2604, 84-2618 — 84-2620]
is to impose such license taxes [Acts 1931, No. 167, § 1, p.
472; Pope's Dig., § 13418.1
Compiler's Notes. Acts 1931, No. 167 is actually comply only in
§§84-2601,84-2603,84-2604,84-2618,84-2620, however Acts
1933, No. 137 was amendatory and supplemental thereto and
sections containing both acts have been inserted in brackets.
Cross-References. Licenses and permits, removal of disqualifi
cation for criminal offenses, §§ 71-2601 — 71-2606.
No increase in tax except by election or vote of three-fourths of
legislature, Const. Amend. No. 19, § 2.
Unlawful to permit minors to play or operate gaming table or
machine, § 41-1122.
Receipts from certain coin-operated machines subject to Gross
Receipts Tax, § § 84-1930 - 84-1933.
84-2602. Slot machine ©r vending machine defined.
— Slot machines or vending machines, whenever they
shall appear in this act [§ § 84-2601 — 84-2604,84-2618
— 84-2620], shall be construed to mean any machine,
device, apparatus or otherwise which is operated by
placing in same through a slot, or any kind of opening or
container, any coin, slug token or other object or article
necessary to insert before such machine operates or
functions. Provided, however, that this act [§ § 84-2601 —
84-2604, 84-2618 — 84-2620] shall not apply to coin box
telephones or to machines or devices for registering fares.
were converted to cash by the proprietor's paying off these games
[Acts 1933, No. 137, § 2, p. 442; Pope's dig., § 13421.]
in money the machine clearly became a gaming device. Bostic v.
City of Little Rock, 241 Ark. 671, 409 S.W.2d 825 (1967).
in
Gambling Device.
A slot machine delivering mints and at irregular intervals tokens
which caused the machine to display pictures was held a gambling
device. Howell v. State, 184 Ark 109, 40 S.W.2d 782 (1931).
Conversion to Gaming device.
Merely setting up a machine that gives free games does not
violate this section, but when the free games won on the machine
were converted to cash by the proprietor's paying off these games
in money the machine clearly became a gaming device. Bostic v.
City of Little Rock, 241 Ark 671, 409 S.W.2d 825 (1967).
Purpose.
It was the purpose of this section to suppress any of the gambling
devices constantly being invented to evade the gambling laws.
Portis v. State, 27 Ark 360 (1872); Euper v. State, 35 Ark 629
(1880).
Statutes pertaining to gambling show clear intent to suppress all
unlicensed gambling in this state, and courts are directed to adopt
Compiler's Notes. Acts 1933, No. 137 is actually compiled only
§§ 84-2601, 84-2604, 84-2618 - 84-2620, however it is
amendatory and supplemental to Acts 1931, No. 167 and sections
containing both acts have been inserted in brackets.
Cited: City of Piggott v. Eblen, 236 Ark 390, 366 S.W.2d 192
(1963).
84-2612. Automatic money payoff mechanisms not
legalized. — Nothing herein contained shall be deemed
to legalize, authorize, license or permit any machine
commonly known as slot machines, Roscoes, Jackpots or
any machine equipped with any automatic money pay-off
mechanisms. [Acts 1939, No. 201, § 3, p. 491, No. 76, § 2,
p. 184.]
Compiler's Notes. Section 2 of Acts 1949, No. 76 purports to
amend § 84-2603 but the rest of the act contains subject matter
which indicates that this section was intended to be amended. The
introductory clause of Acts 1949, No. 76, § 2 reads: "Section 2. That
Section 3 of Act 167 of 1931, as amended by Act 137 of 1933, as
construction in favor of the prohibition and against the offender.
amended by Act 201 of 1939, be and the same is hereby amended
Albright v. Muncrief, 206 Ark 319, 176 S.W.2d 426 (1944).
to read as follows:"
Separate Conviction for Each Device.
This statute is violated by every one who sets up or exhibits any
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maintaining each device. Jacobs v. State, 100 Ark 591,141 S.W.
52 —THE COIN SLOT
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Repealing clause. Section 3 of Acts 1949, No. 76, reads: "All
laws or parts of laws which are contrary or repugnant to the
provisions of this Act are hereby repealed."
Emergency. Section 4 of Acts 1949, No. 76, reads: "Whereas,
there is no adequate law in this State defining and regulating coin
operated automatic amusement machines and whereas without
such law the State is being deprived of revenue upon such
business through the unregulated conduct thereof, and whereas,
the passage of such law is necessary for the immediate preservation
of the public peace, health and safety of the inhabitants of this
State, an emergency exists and this Act shall take effect and be in
February 1982
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