Friday, July 29, 2005
Slots Allowed in Homes, but Gaming Isn't
By Deborah Baker
The Associated Press
SANTA FE— Slot machines may
be legal in your living room, but state regulators don't expect them to
become the next home fashion fad. The state Court of Appeals this week
ruled that the Gaming Control Board lacked the authority to seize 10 slot
machines from an Alamogordo home in 1999.
The reasoning: There was no illegal gambling going on. Under New
Mexico law, it's not a "game" if it's played in a private home and the
only money is made through winnings— in other words, the machine owner
isn't profiting from the operation of the slots. If it's not a "game,"
it's not a gaming machine and, therefore, not required to be licensed and,
therefore, not subject to forfeiture for being an unlicensed machine, the
court held.
While the ruling applies statewide, a spokeswoman for the state Gaming
Control Board said it was likely to have little practical effect. Peggy
Hardwick, senior staff counsel to the board, said slot machines— in
addition to being expensive— are difficult to come by. Licensed dealers
don't sell them to individuals, she said. And even if vendors wanted to,
Hardwick said she wasn't sure of the legality of such sales— or whether
the board might be able to enact rules prohibiting them.
"The court did go out of its way to say we could continue to seize
machines outside of private residences," Hardwick said— from truck stops,
for example, where illegal machines occasionally turn up. The court said
that slot machines that are not in private residences are presumed to be
gaming machines— and, therefore, subject to seizure by the state.
Hardwick said the Court of Appeals opinion, which upheld a ruling by a
state District Court in Otero County, was not a surprise. "The Court of
Appeals has told us our interpretation is wrong, so now we'll adjust our
regulatory model accordingly," Hardwick said. The board had argued that
any machine that could be used for gambling qualifies as a gaming machine
and comes under its jurisdiction.
The lawyer for the machines' three owners, Richard Hawthorne of
Ruidoso, called the seizure and forfeiture action a "power play" by the
board. "The gaming board thinks they have ... control over anything that
looks, smells or tastes like a game in New Mexico," he said. The machines
were returned to the owners a couple of years ago— while the appeal was
pending— by order of the state district judge, the lawyer said. |
