Coin Slot

Issue: 1982 January 083

Coin Slot Magazine - #083 - 1982 - January [International Arcade Museum]
LEGISLATIVE
UPDATE
STATE OF
ALASKA
••••••*•••*•
Chapter 35. Coin-Operated Devices and Punchboards.
Article
1. Coin-Operated Amusement and Gaming Devices (§43.34.010-
43.35.090)
Article 1. Coin-Operated Amusement and Gaming
Devices.
Section
10. Amount of tax
20. Administration
30. Distributor fees
40. Operation by a minor
50. Distribution of tax
60. Orders and regulations
70. Gambling not legalized
80. (Repealed)
90. Definitions
Sec. 43.35.010. Amount of tax. (a) A person who
maintains for use or permits the use on premises under his
control of a coin-operated device class 1, 2, or class 3
shall first pay a tax as follows:
(1) $48 a year for each coin-operated device class 1;
(2) $120 a year for each coin-operated device class 2;
(3) $240 a year for each coin-operated device class 3;
(b) No additional tax is levied where a device within a
given classification is replaced by another of the same
classification.
(c) The tax imposed by this section is reduced by one-
twelfth for the entirety of each month which elapses from
the first day of the year to the date upon which the device is
placed in operation. In thischapter a remaining portion of a
month is considered as one full month. (§ 48-3-1 ACLA
1949; am ch 31 SLA 1949; am § 1 ch 142 SLA 1960)
(2) "coin-operated device class 2" means a pinball ma
chine, including a bingo type coin-operated device, horse
race machine or other apparatus or device which operates
by means of insertion of a coin, token, or similar object and
which, by embodying the elements of chance or skill,
awards free plays and which contains a device for releasing
free plays and a meter for registering or recording the
plays so released, or with a provision for multiple coin
insertion for increasing the odds; class 2 does not include
bona fide vending machines in which gaming or amuse
ment features are not incorporated;
(3) "coin-operated device class 3" means a slot machine
or other apparatus or device which operates by means of
insertion of a coin, token, or similar object and which, by
strict dependence upon the element of chance, may deliver
or may entitle the person playing or operating the machine
to receive cash, premiums, merchandise, or tokens; a
device or apparatus otherwise falling within the classifica
tion of (2) of this section, though not strictly dependent
upon the element of chance, is taxed according to the rate
applicable to slot machines if the device or apparatus itself
delivers cash directly to the person playing or operating it;
(4) "distributor" means a person who directly provides
or furnishes a coin-operated device for operation on
premises not owned by him and not under his jurisdiction
or control. (§ 48-3-2 ACLA 1949; am § 2 ch 142 SLA 960;
am § 1 ch 135 SLA 1966)
Effective January 1, 1980
Sec. 11.66.260. Possession of a gambling device.
(a) A person commits the offense of possession of a
gambling device if, with knowledge of the character of the
device, he manufactures, sells, transports, places, or pos
sesses, or conducts or negotiates a transaction affecting
Continued on page 50
Sec. 43.35.O7O. Gambling not legalized. Thischapter
does not legalize gambling or the possession of a gambling
device. (§ 48-3-8 ACLA 1949; am § 8 ch 142 SLA 1960)
Cross reference. — As to limitations on [authorized gaming
activities, see AS 05.15.180.
Legislative intent — In enacting the 1960 amendment to this
section there was no intent on the part of the legislature to permit
gambling. Pin Ball Mach., Serial No. 2334 v. State, Sup. Ct. Op. No.
86 (File No. 162), 371 P.2d 805 (1962).
The use or possession of a pinball machine is not made lawful
by the mere fact that such machine is defined by law for tax
purposes. State v. Pinball Machs., Sup. Ct Op. No. 298 (File No.
529), 404 P.2d 923 (1965).
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Sec. 43.35.090. Definitions.
In this chapter
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radio, which
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does not
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January 1982
© The International Arcade Museum
THE COIN SLOT —49
http://www.arcade-museum.com/
Coin Slot Magazine - #083 - 1982 - January [International Arcade Museum]
LEGISLATIVE
UPDATE
ALASKA
involving the playing of a machine; "gambling device"
does not include
Continued from page 49
or designed to affect ownership, custody, or use of, a
gambling device knowing that the device is used or is to be
used in unlawful gambling.
(b) it is an affirmative defense in a prosecution under
this section that the gambling device possessed by the
defendant was used or intended to be used only in a social
(A) lottery tickets, policy slips, or other items used in the
playing phases of lottery or policy schemes; or
(B) an amusement device as described in (2)(B) of this
section;
STATE OF
game.
ARIZONA
(c) Possession of a gambling device is a class A misde
••***••**•*•
meanor. (§ 8 ch 166 SLA 1978)
As to what constitutes a gambling device, see note to AS
11.66.280.
Am. Jur. and ALR References. — 24 Am. Jur. Gaming and
Prize Contests, § 12 et seq.
Possession of gambling device as offense, 162 ALR 1188.
Sec. 11.66.270. Forfeiture. If used in violation of § §
200—280 of this chapter, the following property shall be
forfeited:
(1) a gambling device or gambling record;
(2) money, not found on the person, used as a bet or
stake;
(3) money used as a bet or stake which is found on the
person of one who conducts, finances, manages, super
vises, directs, or owns all or part of an unlawful gambling
enterprise. (§ 8 ch 166 SLA 1978)
Sec. 11.66.280. Definitions. As used in § § 200—280
of this chapter, unless the context requires otherwise,
(1) "contest of chance"means a contest, game, gaming
scheme, or gaming device in which the outcome depends
in a material degree upon an element of chance, notwith
standing that the skill of the contestants may also be a
factor;
(2) "gambling" means that a person stakes or risks
something of value upon the outcome of a contest of
chance or a future contingent event not under his control
or influence, upon an agreement or understanding that he
or someone else will receive something of value in the
event of a certain outcome; "gambling" dos not include
(A) bona fide business transactions valid under the law
of contracts for the purchase or sale at a future date of
securities or commodities and agreements to compensate
for loss caused by the happening of chance, including
contracts of indemnity or guaranty and life, health, or
accident insurance; or
(B) playing an amusement device that
(i) confers only an immediate right of replay not ex
changeable for something of value other than the privilege
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of immediate replay; and
(ii) does not contain a method or device by which the
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privilege of immediate replay may be cancelled or revoked;
50-THE
COIN
SLOT
© The
International
Arcade
Museum
1013 to H2326 ANTIQUE SLOT MACHINE from floor
Senate Committee of Whole
Page 1, strike lines 2 through 14 and insert:
"Section 1. Sec. 13-3306, Arizona Revised Statutes, is
amended to read:
13-3306. Seizure and forfeiture of gambling devices;
exception
A. In addition to any other remedy provided by law any
machine or other device, the possession or control of
which is penalized by the laws of this state prohibiting
lotteries or gambling, may be seized by any peace officer,
and any such machine or device heretofore or hereafter
seized by such officer may be forfeited as provided in this
title.
B. IF A GAMBLING DEVICE IS AN ANTIQUE SLOT
MACHINE AND IS NOT USED FOR GAMING PURPOSES
OR IN VIOLATION OF THE LAWS OF THIS STATE, POS
SESSION OF SUCH ANTIQUE SLOT MACHINE IS LAW
FUL AND IT SHALL NOT BE CONFISCATED OR DE
STROYED PURSUANT TO SUBSECTION A OF THIS
SECTION. IF A GAMBLING DEVICE IS CONFISCATED
AND THE OWNER SHOWS THAT THE GAMBLING DEVICE
IS AN ANTIQUE SLOT MACHINE AND IS NOT USED FOR
GAMING PURPOSES OR IN VIOLATION OF THE LAWS
OF THIS STATE, THE COURT ACQUIRING JURISDICTION
SHALL ORDER THE ANTIQUE SLOT MACHINE RE
TURNED TO THE PERSON FROM WHOM IT WAS CON
FISCATED. FOR THE PURPOSES OF THIS SECTION, AN
ANTIQUE SLOT MACHINE MEANS A GAMBLING DE
VICE MANUFACTURED FOR USE AS A SLOT MACHINE
WHICH IS AT LEAST TWENTY-FIVE YEARS OLD."
Amend title to conform
••••*••••••••
In future issues of The Coin Slot state laws
concerning the ownership of antique coin oper
ated machines will be reprinted to keep you
informed and updated on current legislation.
*••••*•***•*•
January 1982
http://www.arcade-museum.com/

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