Compliance Updates
Judge Rules that Pennsylvania Skill Games are ‘Devices of Skill’
A Monroe County judge has ruled that Pennsylvania Skill games are legal. Click here to read the order from Monroe County Court of Common Pleas Judge Jonathan Mark.
Games were seized in 2022 from a small business during a seizure carried out by the Monroe County District Attorney’s office in coordination with the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE) even though skill games have been deemed legal by courts of law.
In his ruling, Judge Mark said Pennsylvania Skill ‘devices are games of skill and not games of chance’.
In a Monroe County ruling earlier this year on the seized skill games, a judge reprimanded county prosecutors alleging misconduct in the investigation and their prosecution of legal skill games. Click here to read the Monroe County order.
“The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter and that such conduct warrants the suppression of the seized property,” Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote.
Pennsylvania Skill games also have been deemed legal skill games by other courts this year. Pace-O-Matic won a return of property motion in York County. This property – gaming machines, related equipment and cash – was wrongfully seized by BLCE. Click here to read the York County order.
In addition, a Dauphin County judge ruled in favor of the games and against county prosecutors this year. Click here to read the Dauphin County ruling.
“Initially, it is this Court’s belief that the Commonwealth’s investigation shows case bias,” Dauphin County Common Pleas Judge Andrew H Dowling wrote. “The Commonwealth is seeking to make all machines like the POM Machines into illegal gambling devices and their whole approach and intent is to shut down games regardless of the actual gameplay. Thus, the Commonwealth as a whole is biased against the games and their approach lacks case credibility.”
“Pace-O-Matic’s Pennsylvania Skill games are legal,” the counsel for Pace-O-Matic, Matthew Haverstick of Kleinbard LLC, said. “The Commonwealth has wrongfully seized its equipment for years with no credible evidence that the games are illegal. Judges are now carefully looking at the evidence and ruling in our favor.”
“Again, another Pennsylvania court has found that Pennsylvania Skill games, powered by Pace-O-Matic, are legal games of predominant skill,” the Chief Public Affairs Officer for Pace-O-Matic, Mike Barley, said. “With the legality of our games upheld repeatedly, we are eager to work with the legislature to pass legislation that will fairly regulate and tax the skill game industry. In fact, Pace-O-Matic stands out among our competitors as the active driving force seeking additional regulation and taxation.”
Legislation introduced by Pennsylvania Senator Gene Yaw will regulate skill games and tax them at a rate that would generate $300 million a year for the Commonwealth.
Pennsylvania Skill games have been ruled games of predominant skill by courts in Beaver, Dauphin, Monroe and York counties. Additionally, after a review of the law and court decisions, skill games also have been returned in both Clearfield and Delaware counties.
Pennsylvania Skill has pumped new life into the Commonwealth’s small businesses, fraternal and social clubs, volunteer fire companies and veterans’ organizations by providing an entertainment product that the public enjoys. Meanwhile, research data proves skill games do not impact the revenue of casinos and the lottery, both achieving record profits yearly.
Pennsylvania Skill games are manufactured in the Commonwealth and over 90% of the profits stay inside the state. That is unheard of in gaming and many other industries. Pace-O-Matic is proud of its record and looks forward to continuing to benefit Pennsylvania businesses, clubs and taxpayers now and in the future.
As part of ongoing efforts to ensure compliance, Pace-O-Matic employs a team of former state police officers to enforce all terms of contracts and codes of conduct. These contracted terms limit the number of machines, where they are placed in a location and have protections in place to prevent anyone underage from playing the devices.
In 2014, the Beaver County Court of Common Pleas ruled that Pace-O-Matic’s Pennsylvania Skill games are legal as games of predominant skill. Click here to read that court decision.
In addition, last year, the Pennsylvania Office of the Attorney General and the Clearfield County District Attorney’s office negotiated a settlement to return wrongfully seized Pennsylvania Skill games, related equipment and cash. Click here to read that order.
Swedish gaming giants’ games now available in the province of Córdoba’s newly regulated market
Play’n GO, the world’s leading casino entertainment provider, has today announced their expansion into yet another new regulated market, as the Swedish gaming giant has agreed a partnership with Betsson in the province of Córdoba, Argentina.
Argentina is currently in a process of regulation for online gaming purposes on a province-by-province basis, and the partnership with Betsson sees Play’n GO enter yet another regulated market, keeping up the momentum from 2023 that saw the company expand its global reach.
This announcement sees Betsson’s players in Córdoba gain access to Play’n GO’s entire catalogue of games, including classics such as Book of Dead, Reactoonz, and Moon Princess.
This announcement is a signal of intent from Play’n GO, who reiterate their commitment to be present in every regulated market in the world.
Michele Stefanelli, Sales Leader, LATAM and Southern Europe, Play’n GO said: “Our first foray into a new region is always exciting for us, and we’re looking forward to a successful partnership with Betsson in Córdoba. Players around the world, and especially in the LATAM region, have already shown their fondness for our content, and we’re quietly confident that this new region will be no different. We are on record with our commitment to a safe, regulated industry, and we’re very pleased to see that approach rolled out globally by lawmakers and operators alike.”
Maximiliano Bellio, Managing Director Betsson Argentina, added: “We’re pleased to welcome Play’n GO to the Betsson family here in the Córdoba region, and we look forward to many years of success together. Like Play’n GO, Betsson is committed to a sustainable industry model, so this partnership makes perfect sense for both parties. We’re sure our players will be as excited as we are once they start playing these games that have proven so popular around the world, so let’s get started.”
Play’n GO’s games are already available in the autonomous city of Buenos Aires and Buenos Aires Province within Argentina’s federal system.
Compliance Updates
OpenBet bolsters compliance technologies with the launch of geolocation product, OpenBet Locator™, powered by Amazon Web Services (AWS)
OpenBet Locator™ provides a highly flexible, low latency and scalable alternative for global betting and gaming marketplace
OpenBet, a leading content, platform and service provider to the global betting industry, has bolstered its modular product portfolio with the launch of its new flexible and scalable geolocation product – OpenBet Locator™.
Built on the backbone of Amazon Web Services (AWS), OpenBet’s strategic cloud provider, OpenBet Locator™ is a low latency solution that enables operators worldwide to locate, promote to, and monitor customers, remaining fully compliant with regulatory requirements.
The technology strengthens OpenBet’s reputation for market-leading player protection and compliance following the company’s acquisition of Neccton in 2023. With OpenBet’s regulatory reach and multiple licenses, brands will be able to ensure seamless and swift integration of its trusted and compliant technology into their ecosystem.
Initially targeting the North American market, the solution will feature a number of components, such as:
- Fully flexible geo-fence management and high precision location tracking
- Fraud prevention combined with real-time virtual private network (VPN) and location spoofing detection
- Player targeting for customer relationship management (CRM), data analysis and in-venue promotions
- Multi-tenanted solution that supports travelling wallet
- Easy and flexible configuration options to streamline business operations workflows
The product is underpinned by OpenBet’s unrivalled expertise within the global betting industry and is designed to remove the friction of geolocation to the end-customer’s onboarding process.
Jordan Levin, CEO of OpenBet, said: “Introducing OpenBet Locator™ is an exciting move for us and takes our modular product offering to a new level. Built in-house and leveraging AWS technology, we have developed a strong proposition that can be tailored to meet unique business needs.
“As a pioneer within the global sports betting arena for over 25 years, we have an in-depth understanding of the challenges and opportunities operators face within highly regulated markets. OpenBet Locator™ is a scalable, compliant and dependable geolocation solution that removes the barriers to operators’ success.”
Amidst an evolving economic landscape, gaming executives report a positive outlook on future industry business conditions while remaining satisfied with the current business environment, according to the American Gaming Association’s (AGA) Gaming Industry Outlook.
Nearly all gaming executives surveyed characterized the current business environment as good (44%) or satisfactory (50%), mirroring similar sentiment from Q3 2023. Meanwhile, executives are more optimistic about future conditions, with 32 percent of CEOs expecting business conditions to improve over the next six months, up from 20 percent in Q3 2023.
“Gaming’s record-setting growth over the last three years has set a new standard for industry success,” said AGA President and CEO Bill Miller. “However, as we enter a period of market normalization, continued investment and innovation in offering world-class, responsible entertainment experiences will be required to maintain industry momentum.”
Gaming Executive Panel
Gaming executives have become more positive in their views that overall balance sheet health will improve over the next 6 months (42% net positive), but they expect the pace of revenue growth (13% net negative) and new hiring (22% net negative) to slow. These expectations for decelerating growth have influenced expectations for increases in capital investment and gaming units in operation, with smaller net positive sentiments than before.
- In contrast to past Outlooks, gaming equipment suppliers are slightly pessimistic about the sale of gaming units for replacement use and new or expansion use (both 13% net negative). However, they remain optimistic about the pace of capital investment (38% net positive).
- Half of operator CEOs expect capital investments in hotels over the next year to be higher than normal, and compared to last fall, more also expect higher than normal levels of capital investment in meetings and conventions and table games (28%). Meanwhile, 44 percent of CEOs expect increases in food and beverage investment, down from 67 percent in Q3 2023.
These expectations are also informed by evolving macroeconomic challenges. Executives report that inflationary or interest rate concerns continue to be a major factor limiting operations (28%), but these have been overtaken by geo-political risk (34%) and uncertainty of the economic environment (34%) as the biggest limiting factors in the most recent Gaming Executive Panel.
Current Conditions Index
The Current Conditions Index of 102.8 for Q1 indicates solid annualized real economic growth in the industry of 2.8%. This includes gaming revenue, employment and employee wages and salaries. Notably, the Current Conditions Index shows gaming expanding faster than the overall U.S. economy which last week reported 1.6 percent GDP growth in Q1 2024.
Future Conditions Index
The Future Conditions Index stands at 102.2, indicating annualized industry economic activity, after controlling for underlying inflation, is expected to moderately increase over the next six months. This outlook reflects Oxford Economics’ forecast that the U.S. economy will slow during 2024 but avoid recession. Despite a projected economic slowdown, consumer survey results continue to indicate that more than one-third of adults expect to visit a casino during the next 12 months, consistent with prior quarter results.
About the Outlook
The AGA Gaming Industry Outlook is prepared biannually by Oxford Economics. It provides a timely measure of recent industry growth and future expectations. The Q1 2024 survey was conducted between March 28 – April 10, 2024. A total of 32 executives responded, including executives at the major international and domestic gaming companies, tribal gaming operators, single-unit casino operators, major gaming equipment suppliers, and major iGaming and/or sports betting operators.
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