Marketplace
Issue: 1974 June 30 - Page 3
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
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
Future scanning projects are planned by the International Arcade Museum Library (IAML).