Marketplace

Issue: 1974 June 30

MARKETPLACE, VOL. XIII, NO. 12
EDITORIAL
PAGE 2, JU NE 30, 1974
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Bill Gers h
Back in the "Gay '90s" the late Herbert s. Mills, founder of the very great
and nov long gone Mills Novelty Company, stunned the coin machine business of
his time by introducing half-dollar play on his Mills Ovl, Milla Devey, and
other of his six feet high automatic payout color vheel machines vhich have
appeared in many "Pictorial History" editions of "Marketplace". His tvo chief
competitors, the Caille Brothers of Detroit, Mich., and Watling Manufacturing
Co., Chicago, Ill., didn't remain stunned very long. They quickly followed
his lead and soon had half-dollar play machines on the market. In fact, the
Caille Brothers vent a step further, they introduced silver-dollar play machines.

Since those early days there have been many half-dollar play machines pre-
sented aside from automatic payout slots, consoles, etc. For example, photo
and hand writing analysis as well as some fortune telling machines featuring
half-dollar chutes. Vending machines accepting half-dollars and making change
are well known to all. Today, lottery ticket dispensers feature half-dollar
chutes. Juke Boxes feature 2 and 4 quarter plus dollar bill action. One well
known phono manufacturer suggested "1-Play 2-Bits" and ")-Plays 50¢". Large
arcade type machines as well as video games and pinballs feature double 25¢
chutes in an effort to capture 50¢ play.
As far as every operator is concerned, games and mus!c at 50¢ play are most
welcome, indeed. But just to label a machine "50¢ Play", unless it's a money
payout, isn't the most feasible or effective labeling. OJ course there are today
and will be in the future equipment that can command 50¢ play, such as the photo
and analysis machines. What can also come into being could be such overwhelming
inflation that phonos would be forced to step up to "1-Play 25¢" and "3-Plays 50¢".
ElimiDAting conjecture, it does seem the day is fast approaching when some unique
method of 50¢ play may become recognized as part and parcel of profitable opera-
tion.
What do you think? Write now to: Marketplace, 185 N. Wabash, Chicago 60601.
"'
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MARKETPLACE
NEWSLETTER
PAGE 3, JUNE 30, 1974
HAS KELL,
8
LATT &
COUNSELORS
KOPPELMAN
AT LAW
BEN.JAMIN H . HASKELL
THE:OOORE BLATT
SUIT£ 1502
RONALD S . KOPPELMAN
188 MONTAGUE STREET
1USOCIATI COUNal&.
TERRY LICHTASH
LOUIS GOLOST£1N
April 29th, 1974
BROOKLYN, N Y. 11201
( 212 ) 237 - 11500
Mr. Bill Gerah
Marketplace
185 North Yabash Ave
Chicago, Ill. 60601
Dear Bill:
A recent decision of our Nev York Appellate DiTision may be of interest
to you. The facts are as follows:
The Department of Consumer Affairs of the City of Nev York approved four
Flipper Type Games for operation in locations having liquor licensee. In reliance
on the approval, a number of gamea vere installed, and operated.
Shortly thereafter, at the request of the Police Department, the Consumer
Affairs vithdrev their approval and attempted to cancel the licenses •

This resulted in litigation and, on April 17th, 1974, the Appellate Divi-
sion in Manhattan rendered a decision vhich, in my opinion, is of great importance
to the entire industry. The Court vent beyond the question as to whether or not the
Consumer Affairs Department had the right to rescind its approval, but ruled that
"a pin ball game is not a gambling device but an amusement device". A copy of the
decision is enclosed.
This decision is of great significance in this State because the govern-
ing authorities of the various conmunities have from time to time enacted ordinances
or issued rulings forbidding the operation of pin ball games. This decision specif-
ically declares all auch rulings and enactments unconstitutional.
As far aa the City of Nev York is concerned, this industry vill, of course,
still abide by the rules and regulations of the Consumer Affairs Department which
requires submission of all nev games for inspection and approval by that department,
and also existing rules and regulations as to the type of places where games can be
operated.

The importance of thia decision lies in the fact that a higher Court has
definitely ruled that ~ local ordinance or regulation vhich declares a pin ball
game to be a gambling device, ia unconstitutional.
It should also be noted that this ruling does not apply to games that
give prizes or free gamea.
Sincerely,
TB/nc

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