Council: Gaming ordinance needs more work

In September, the language regarding the awarding of prizes was repealed.

By ERIC GROSSO

VINDICATOR CORRESPONDENT

NEWTON FALLS — An update to a highly debated gaming ordinance was pulled from the council agenda on Tuesday and will be brought for a vote later this month.

The ordinance had been discussed heavily last summer and fall, centering around Tony Peters, who operates Sand Dollars at 250 Milton Blvd. Peters’ establishment includes 30 electronic gaming machines.

The city ordinance on gaming, however, prohibited any device that awarded “any award, merchandise, gift, or anything of value any player or operator of a mechanical amusement device.”

The ordinance was originally written in the 1960s to prohibit slot machines.

Peters argued the definition would include such devices as pinball machines and claw games, which were allowed in the city. He felt it would be unfair for the city to prohibit his machines but allow those types of devices, especially after buying a $100 permit for each machine from the city.

In September, the language regarding the awarding of prizes was repealed, leaving Peters’ machines in the city.

Council, however, deemed it necessary to update the language regarding mechanical amusement devices.

On Tuesday, the first step in re-working the portion of the ordinance was pulled to further update it. The portion clearly defined the difference in “mechanical amusement devices” and “slot machines.”

A device, which is allowed in the city, limits the prize in the amount of $10 per play.

A slot machine was defined as a device that “pays cash” or the “success of any play is or may be determined by a chance event that cannot be altered by player actions,” that any prize “is not based on the player achieving the object of the game or the players score,” or the outcome of the game or reward “can be controlled by a source other than a player playing the game.”

The ordinance, though, still contained a $100 per machine fee, an aspect that Mayor Patrick Layshock wanted to update as well.

“Some of these games probably don’t even make $100 per year,” said Layshock.

He wants to look at surrounding areas and similar gaming ordinances and fees and also wished to look at actual costs regarding permit issuance and device inspection.

Layshock said it would be redundant to pass the update to the gaming ordinance now and then modify the ordinance in the next few weeks.

Council also instructed City Manager Jack Haney to delay collecting the fees until the ordinance issue is voted on.