Falls council repeals gambling law

One council member voted against repealing the old
ordinance.

By ERIC GROSSO

VINDICATOR CORRESPONDENT

NEWTON FALLS — City council repealed a nearly 40-year-old gaming ordinance and hopes to draft a new one next month that defines electronic gaming devices.

The repealed ordinance was the center of a debate that has been continuing for months, as it prohibited giving a “prize, award, merchandise, gift, or anything of value to any player or operator of any mechanical amusement device or to any contestant for a high score.”

Tony Peters, who plans to open a facility with 30 gaming devices on Milton Boulevard, said it would be unfair to enforce the ordinance on his machines but not other games that should be covered by the ordinance’s definition.

He says that other gaming devices such as claw games and pinball machines also would be prohibited under the ordinance.

He said last month if the city outlawed his machines, it “would be a major injustice.”

Similar machines that Peters plans to bring in are also located at Café 534 and Faces Café in the city.

Law Director Richard Schwartz said issues with legality of Peters’ Tic-Tac-Fruit machines would be left to state laws once the current ordinance was repealed.

He urged council last month to reword their ordinance to clear up confusion on what is and is not a “mechanical amusement device.”

What was suggested

After seeking a recommendation from council, he suggested to start enforcing the current ordinance or repeal it. Council member Ralph Gillespie motioned to delete the ordinance and have Schwartz and City Manager Jack Haney draft a new one.

The repealed ordinance also called for a $100 fee per device per year after inspection.

Before voting, council member Catie Karl-Moran asked for just the fee-issuance part of the ordinance to be repealed.

“To go to the businesses now and ask for $100 is outrageous, and steep,” she said.

The city previously had not enforced the $100 fee, with Schwartz saying last month he didn’t even know about the fee until Peters wanted to bring his machines to the city. He said the ordinance was geared toward slot machines when it was drafted.

The repeal of the ordinance passed 4-1, with Karl-Moran casting the dissenting vote.

A new draft regarding amusement devices will be discussed at the next regular meeting at 6 p.m. Aug. 20.