Coin Slot
Issue: 1982 July 089 - Page 42
Coin Slot Magazine - #089 - 1982 - July[International Arcade Museum]
31 One-armed Bandits
May Lose Life and Limb
Thirty-one slot machines seized by police from a San
Jose
store
in
February
were
ordered
destroyed
Wednesday by Judge John Schatz in Santa Clara
County Superior Court.
The judge's ruling followed two days of testimony in
Apri I over whether the one-armed bandits were antiques
and therefore legal to own under California law.
Attorneys on both sides are calling the case prece
dent-setting and say that thousands of similar slot
machines could be affected by the outcome.
Under state law, ownership of a slot machine is legal
only if the machine is an antique that is not used for
gambling.
"This is one of the most popular collectibles in
California," said George C. Halversen, a Los Angeles
attorney who represents the San Jose store owners.
"I've got eight of them."
He said he plans to appeal the judge's decision and
predicted that the case could reach the State Supreme
Court if his clients, Ron Smith and Douglas Bale, wish
to pursue it. Bale declined to comment Wednesday.
San Jose police, working with the California Depart
ment of Justice, seized the slot machines, worth
$62,000, from the A Amusements & Vending store at
2316 Stevens Creek Blvd.
Saying that the machines are antiques and not
intended for gambling, the store owners filed a court
petition asking that the items be returned.
While police never contended they were going to be
used for gambling, Schatz ruled that the slots did not
meet the legal definition of antiques and ordered that
they never spin lemons and cherries again. The judge
allowed the machines a 30-day reprieve to allow the
store owners a chance to appeal his decision.
Clay Haupert, supervising deputy district attorney,
said his office is considering filing criminal charges
against the store owners for illegal possession of the
slot machines.
Twenty-eight of the machines are made of cast iron
and wood and weigh about 90 pounds each. Three toy
machines also were confiscated, because they are
capable of paying off. All have been stored at a police
evidence warehouse.
.
Halversen has won similar cases in Southern
California by arguing that state law is vague in its
definition of an antique slot machine.
The penal-code section pertaining to the machines
says that any machine built before 1941 is antique. But
Halversen said there is nothing in the law that defines
the status of a machine built after that year.
In denying the store owners' recovery attempt Schatz
said he is convinced the disputed machines were not
built before 1941. He also rejected testimony that 12
of the machines were built two years ago from pre-
1941 parts.
Halversen predicted a statewide police seizure of
slot machines is likely if the San Jose machines are
destroyed.
The method of demolishing the machines has not
been determined yet, said San Jose Police Sgt Terry
Bauleke, of the vice detail. "In the old days, they took
an ax to them," he said. "I don't know if we'll be so
gallant."
He said the machines probably will be sent to a metal
crusher if appeals to save them fail.
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42 - THE COIN SLOT
© The International Arcade Museum
July, 1982
http://www.arcade-museum.com/
31 One-armed Bandits
May Lose Life and Limb
Thirty-one slot machines seized by police from a San
Jose
store
in
February
were
ordered
destroyed
Wednesday by Judge John Schatz in Santa Clara
County Superior Court.
The judge's ruling followed two days of testimony in
Apri I over whether the one-armed bandits were antiques
and therefore legal to own under California law.
Attorneys on both sides are calling the case prece
dent-setting and say that thousands of similar slot
machines could be affected by the outcome.
Under state law, ownership of a slot machine is legal
only if the machine is an antique that is not used for
gambling.
"This is one of the most popular collectibles in
California," said George C. Halversen, a Los Angeles
attorney who represents the San Jose store owners.
"I've got eight of them."
He said he plans to appeal the judge's decision and
predicted that the case could reach the State Supreme
Court if his clients, Ron Smith and Douglas Bale, wish
to pursue it. Bale declined to comment Wednesday.
San Jose police, working with the California Depart
ment of Justice, seized the slot machines, worth
$62,000, from the A Amusements & Vending store at
2316 Stevens Creek Blvd.
Saying that the machines are antiques and not
intended for gambling, the store owners filed a court
petition asking that the items be returned.
While police never contended they were going to be
used for gambling, Schatz ruled that the slots did not
meet the legal definition of antiques and ordered that
they never spin lemons and cherries again. The judge
allowed the machines a 30-day reprieve to allow the
store owners a chance to appeal his decision.
Clay Haupert, supervising deputy district attorney,
said his office is considering filing criminal charges
against the store owners for illegal possession of the
slot machines.
Twenty-eight of the machines are made of cast iron
and wood and weigh about 90 pounds each. Three toy
machines also were confiscated, because they are
capable of paying off. All have been stored at a police
evidence warehouse.
.
Halversen has won similar cases in Southern
California by arguing that state law is vague in its
definition of an antique slot machine.
The penal-code section pertaining to the machines
says that any machine built before 1941 is antique. But
Halversen said there is nothing in the law that defines
the status of a machine built after that year.
In denying the store owners' recovery attempt Schatz
said he is convinced the disputed machines were not
built before 1941. He also rejected testimony that 12
of the machines were built two years ago from pre-
1941 parts.
Halversen predicted a statewide police seizure of
slot machines is likely if the San Jose machines are
destroyed.
The method of demolishing the machines has not
been determined yet, said San Jose Police Sgt Terry
Bauleke, of the vice detail. "In the old days, they took
an ax to them," he said. "I don't know if we'll be so
gallant."
He said the machines probably will be sent to a metal
crusher if appeals to save them fail.
To subscribe to The Coin Slot simply fill out this form and mail with a check or money order.
Send to: The Coin Slot P.O. Box 612 TCS, Wheatridge, CO 80034.
□ Mastercard
D VISA
OR CHARGE IT
□ American Express
Card Number
Expiration Date
.
Subscriptions inside the United States:
□ 6 Months for $12.50
D 1 Year for $25.00
Subscriptions outside the United States:
D 6 Months for $20.00
□ 1 Year for $40.00
□ 2 Years for $45.00
Name
.com
m
:
u
m
e
City
d fro de-mus
e
d
Phone _ oa
rca
nl
a
.
w
o
w
Signature.
D
//ww
:
p
t
t
h OR USE OUR TOLL FREE NUMBER
Address
Zip.
State.
Date_
FOR YOUR CONVENIENCE
1-800-525-8694
Please do not use this number for information or questions. For further information call (303) 431 -9266. Please have order ready before dialing.
Call between the hours of 8:00 a.m. to 4:00 p.m.
42 - THE COIN SLOT
© The International Arcade Museum
July, 1982
http://www.arcade-museum.com/
Future scanning projects are planned by the International Arcade Museum Library (IAML).