Show Law Says Says' Pinball i i Machines Are Chance Are pinball machines games of chance or skill THAT IS THE question the city council of Bountiful asked recently It asked it again Wednesday evening during its r reg regular e g u l 1 a r meeting THIS TIME IT had an answer But after several hours of discussion discussion discussion dis dis- still couldn't arrive at ata ata ata a decision on what to do about the machines The answer came from City Atty George K Fadel who was asked to give an opinion on the macl machines nes MOST PINBALL machines have been held by the courts to tobe to tobe tobe be gambling or gaming machines machines machines ma ma- chines he said Most courts hold that a game is one of chance as long as the element of chance is present and accompanies whatever skill is involved and pinball machines are usually games of chance chanc so far as all except a few highly experienced players are con con- CONTINUING Mr Fadel said Courts generally agree that gambling or gaming consist consist consist con con- of three elements dl 1 1 Price for privilege of participating 2 CHANCE where result is substantially dependent upon chance though more skill than chance maybe may be required to win 3 A prize reward In property property property prop prop- erty or free plays MOST PINBALL machines are held to involve all three of said elements he said State laws allow communities communities' to suppress or or prohibit all kinds poi of f gaming playing at dice or cards and other games of chance IN ADDITION Bountiful ordinances or ordinances ordinances or- or prohibit mechanical devices in which an element of chance attends and which grants a pay-off pay whether in property or replays the attorney attorney ney said The state law is permissive Mr Fadel pointed out It al allows allows allows al- al lows cities to prohibit or suppress suppress sup sup- press but does not require them to do so State law does not yet prohibit pinball machines un unless unless un- un l less ss there is a pay off in mon mon- ey CONCLUDING his opinion Mr Fadel said It It is a matter of discretion in each community as to what extent a government rule at at- at with penalties is necessary necessary I 1 sary to maintain the health I welfare and morals of the too community community community com com- at a standard consistent with personal and protective of or community freedom WITH THIS opinion in hand the council pondered a variety of ot solutions and answers Some councilmen felt there should be an age limit 11 no limit no one under 18 to be allowed to play them Lee Epperson owner of Lees Lee's said he had not allowed d those under 21 to play recently lowering the age to 18 18 OTHER COUNCILMEN s sa sale a i ithe c the free games and all payoff should be eliminated probably with the age restriction No one would play them then some owners said If a man cant can't hope to win winfree free games he will not play the machines they pointed out WE DONT DON'T want young people playing the he machines one cafe owner said They just cause us trouble They hang around Soon they start smoking and wanting to buy cigarettes They damage the fixtures Adults dont don't want to eat in that atmosphere he said Much of the council discussion discussion discussion discus discus- sion centered a around r 0 un d free games as payoff IM I'M SURPRISED the courts held free games to be a thing of value Mr Fadel said They probably did so because it was difficult to distinguish bel between w en free games and money A number of motions made by councilmen died for lack of seconds COUNCILMEN seemed to agree that those under 18 should not play Mr Fadel suggested a limit could also be placed on how much money an adult could put in the macl machines nes per day This could be limited to 2 If the council wants to Some felt the money limit would cause more difficulty than See PINBALL on Page 2 Z Pinball Continued from Front Page it would solve AFTER ABOUT two and a half hours the council decided to drop the matter A point raised by Mr Epperson dese deserves r v e s study they noted Mr Epperson told the council It would not be fair to prohibit free games in Bountiful when customers could go to toV West V est Bountiful Woods Cross or North Salt Lake and play i COUNCILMEN decided the they should check wi with th the other communities for their rea reaction tion to tighter controls on pinball machines The council couldn't decide whether to enforce the present city ordinance on pinball ma ma- chines It has been the law for several years but has not been enforced The law says no game of chance may pay payoff off in any anyway way way either either in money or free free games I. I I |