Coin Slot
Issue: 1981 January 071 - Page 29
Coin Slot Magazine - #071 - 1981 - January [International Arcade Museum]
What Is
An
"Antique
Slot
Machine"?
Continued from page 12
only in California, but also in other
states with similar legislation:
(1) Total reproductions of an
tique slot machines (i.e., machines
originally
manufactured
for
the
purpose of being sold as antiques)
are not likely to be protected under
slot machine collectible laws.
(2) Slot machines that are now
obsolete for casino use, regardless of
date of manufacture, may qualify as
"antiques." This includes mechanical
slot machines; it may also include
electro-mechanical slot machines;
but it is not likely to include elec
tronic
(solid-state
circuitry)
slot
machines.
(3)Slot machines protected by a
conclusive presumption (e.g., those
manufactured prior to 1941 under
California law) are not likely to lose
that protection merely by the fact that
they have been restored by the use of
a high percentage of foreign and/or
new parts.
(4) Slot machines NOT protected
by a conclusive presumption (e.g.,
those manufactured since 1941 under
California law) may, nevertheless
mittee reports of the applicable
statute for evidence of the legislative
qualify as "antique" slot machines.
Evidence of the following will help to
establish such "antique" status:
(a) The machine has aesthetic
intent regarding the kinds of slot
machines covered by the statute.
(2) Research all recent cases in
all states that have enacted slot
machine collectible laws for clues
explaining the success of dealers and
collectors in seeking protection un
der such laws. While a case heard in
one state is not precedent for a later
interest.
(b) The model of the machine in
question had some importance in
California
history
(including the
economic
history,
the
business
history,
the
social
history,
the
political history, the legal history, and
even the history of crime in Califor
nia).
(c) The use of the machine is not
a threat to the anti-gambling statutes
of the State of California.
(d) The machine is obsolete for
casino use (i.e., the model of the
machine in question is is no longer
used
for
organized
commercial
gambling purposes).
Not to be forgotten is the basic
principle of criminal law previously
mentioned. If sufficient evidence is
presented so that reasonable persons
might disagree on the issue of
whether a particular machine is an
"antique," the owner is entitled to the
benefit of such doubt; under the cir
cumstances, the jury should be in
structed to find that the machine is an
"antique."
Obviously, the key to successful
litigation in such matters involves the
accumulation of as much evidence as
possible. It also helps when the
presiding judge respects the spirit of
the law applicable to these cases.
Finally, I offer the following advice
for those interested in helping to
establish the legality of possessing
any particular slot machine:
(1) Check the legislative com
case in another state, the reasoning of
an
earlier
"foreign"
case
may,
nevertheless, be persuasive in subse
quent litigation.
(3)
Keep
abreast
of
developments
in
the
industry.
Evidence
that
mechanical
and
electro-mechanical slot machines are
being replaced by those using elec
tronic microprocessor technology is
evidence that the former are "ob
solete" in the sense required to give
them
status
as
"antique"
slot
machines. Note, for example, the re
cent
developments
of
Summit
Systems, Inc. of Van Nuys, California,
and the fact that Bally is testing its
own version of the electronic slot
machine. (The story appeared in the
October 20, 1980 San Francisco
Chronicle.)
(4) Lobby for the amendment of
legislation
with
a
view
toward
minimizing the restrictions on the
collection
of slot machines not
operated for gambling purposes.
(5) Encourage the development
of a "professional" definition of "an
tique
slot
machine"
by leading
publishers, dealers, and collectors - a
definition that is given "respectabili
ty" as the result of an endorsement by
an institution such as the Smithso
nian Institute.
.com
m
:
u
from -muse
d
e
oad .arcade
l
n
Dow //www
:
http
© The
International Arcade Museum
JANUARY, 1981
http://www.arcade-museum.com/
THE COIN SLOT — 29
What Is
An
"Antique
Slot
Machine"?
Continued from page 12
only in California, but also in other
states with similar legislation:
(1) Total reproductions of an
tique slot machines (i.e., machines
originally
manufactured
for
the
purpose of being sold as antiques)
are not likely to be protected under
slot machine collectible laws.
(2) Slot machines that are now
obsolete for casino use, regardless of
date of manufacture, may qualify as
"antiques." This includes mechanical
slot machines; it may also include
electro-mechanical slot machines;
but it is not likely to include elec
tronic
(solid-state
circuitry)
slot
machines.
(3)Slot machines protected by a
conclusive presumption (e.g., those
manufactured prior to 1941 under
California law) are not likely to lose
that protection merely by the fact that
they have been restored by the use of
a high percentage of foreign and/or
new parts.
(4) Slot machines NOT protected
by a conclusive presumption (e.g.,
those manufactured since 1941 under
California law) may, nevertheless
mittee reports of the applicable
statute for evidence of the legislative
qualify as "antique" slot machines.
Evidence of the following will help to
establish such "antique" status:
(a) The machine has aesthetic
intent regarding the kinds of slot
machines covered by the statute.
(2) Research all recent cases in
all states that have enacted slot
machine collectible laws for clues
explaining the success of dealers and
collectors in seeking protection un
der such laws. While a case heard in
one state is not precedent for a later
interest.
(b) The model of the machine in
question had some importance in
California
history
(including the
economic
history,
the
business
history,
the
social
history,
the
political history, the legal history, and
even the history of crime in Califor
nia).
(c) The use of the machine is not
a threat to the anti-gambling statutes
of the State of California.
(d) The machine is obsolete for
casino use (i.e., the model of the
machine in question is is no longer
used
for
organized
commercial
gambling purposes).
Not to be forgotten is the basic
principle of criminal law previously
mentioned. If sufficient evidence is
presented so that reasonable persons
might disagree on the issue of
whether a particular machine is an
"antique," the owner is entitled to the
benefit of such doubt; under the cir
cumstances, the jury should be in
structed to find that the machine is an
"antique."
Obviously, the key to successful
litigation in such matters involves the
accumulation of as much evidence as
possible. It also helps when the
presiding judge respects the spirit of
the law applicable to these cases.
Finally, I offer the following advice
for those interested in helping to
establish the legality of possessing
any particular slot machine:
(1) Check the legislative com
case in another state, the reasoning of
an
earlier
"foreign"
case
may,
nevertheless, be persuasive in subse
quent litigation.
(3)
Keep
abreast
of
developments
in
the
industry.
Evidence
that
mechanical
and
electro-mechanical slot machines are
being replaced by those using elec
tronic microprocessor technology is
evidence that the former are "ob
solete" in the sense required to give
them
status
as
"antique"
slot
machines. Note, for example, the re
cent
developments
of
Summit
Systems, Inc. of Van Nuys, California,
and the fact that Bally is testing its
own version of the electronic slot
machine. (The story appeared in the
October 20, 1980 San Francisco
Chronicle.)
(4) Lobby for the amendment of
legislation
with
a
view
toward
minimizing the restrictions on the
collection
of slot machines not
operated for gambling purposes.
(5) Encourage the development
of a "professional" definition of "an
tique
slot
machine"
by leading
publishers, dealers, and collectors - a
definition that is given "respectabili
ty" as the result of an endorsement by
an institution such as the Smithso
nian Institute.
.com
m
:
u
from -muse
d
e
oad .arcade
l
n
Dow //www
:
http
© The
International Arcade Museum
JANUARY, 1981
http://www.arcade-museum.com/
THE COIN SLOT — 29
Future scanning projects are planned by the International Arcade Museum Library (IAML).