Pennsylvania Issues & Regulations

Section 5513 of the Crimes Code provides, in part, that a person is guilty of a misdemeanor of the first degree if he/she intentionally or knowingly sets up or maintains a slot machine or any device to be used for gambling purposes.  18 Pa. C.S. Section 5513(a)(1).  In Commonwealth v. Irwin, 636 A.2d 1106 (Pa. 1993), the Supreme Court again reinforced that a machine is a gambling device per se if it can be used for no purpose other than gambling.  For a machine to be so intrinsically connected with gambling as to constitute a gambling device per se, the following three elements must be proved by the Bureau:  (1) consideration, (2) a result determined by chance rather than skill, and (3) a reward.

Letter From The PLCB

Letter From The BLCE

The Pennsylvania Brochure

The key words in the above statute; "intentionally or knowingly" and "per se" .

As for "intentionally and knowingly"; In a decision by Judge Flaherty of the Office of Administrative Law Judge, New Sharletsville Hotel, Inc., Citation No. 97-2191, he indicated, “It is my opinion that machines such as the one involved in this case are very susceptible to use for gambling purposes.  Licensee should, therefore, have taken affirmative steps to determine whether the machine was a gambling device per se.”
The same is true of the machine found on the premises.  The record did not establish that Licensee made any effort to determine whether or not the machine in question was a gambling device per se or to prevent the placing of a gambling device per se on the licensed premises. 
 

As for "Per Se"; If a machine displays the qualities of consideration, a result determined by chance rather than skill and a reward, it will be considered to be so intrinsically connected with gambling as to be a gambling device per se

Manufacturers Statement

Distributors Statement

The PLCB allows licensees to request an opinion from the PLCB Board concerning permissible activities on Board licensed premises. The applicable section is 2-211.1, recited in its entirety below: 

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SECTION 2-211.1.  Legal opinions 

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   Upon written request by a licensee, the board or its counsel shall issue a legal opinion regarding any subject matter relating to this act or any regulation promulgated pursuant to it. This legal opinion shall be binding on the enforcement bureau.

Sample Letter (under construction)