Gambling has long held a tight grasp on Ohio and its citizens. From state lotteries to sports betting, Ohio has established itself as a leader in the regulated world of gambling. But how does this impact local governments?
All Bets Are Off
Through an amendment passed in 2009, the Ohio Constitution authorized casino gaming to occur at only four locations: a single designated location in Cleveland, Cincinnati, Toledo, and within Franklin County (Columbus). However, even with the passage of this amendment, illegal casinos have continued to proliferate across the state, with little to no recourse for the communities and the people affected by their presence.
The complexities and nuances of Ohio’s gambling laws make it difficult to play the field—legally. Generally, gambling in Ohio is illegal unless expressly permitted by law and only when conducted within legal confines. Therefore, gambling machines and devices would have to fit squarely into a permitted category.
The language in the Constitution and Revised Code Chapter 3772 have made it clear there can only be four legal casinos in the state and casino gaming can only happen at those four locations. Slot machines are specifically included in the definition of casino gaming. This means slot machines can only be available for play at the legal casinos. Because illegal casinos can skirt the strict rules and regulations legal casinos are required to abide by to uphold the lawful conduct of gambling activities, the Revised Code makes it a felony of the fifth degree to operate a casino in a manner that is in violation of law.
It’s Not Skill, It’s Chance
Many places hold themselves out as skill game parlors, but do not hold an appropriate skill gaming license issued by the state, thus violating the regulations to conduct legal skill gaming. This includes advertising coins, awarding prohibited prizes, or operating slot machines and calling them skill games to avoid law enforcement.
This prompts the question: what is the difference between slot machines and skill gaming? Skill-based amusement machines (SBAMs), as the name suggests, must be based on skill. Additionally, SBAMs cannot pay cash or award a voucher redeemable for cash. The moment an SBAM pays cash, it is, by definition, a slot machine. Slot machines, on the other hand, are based on chance. The glaring difference is the outcome of slot machines is determined by the machine itself—not the player—nor can the player alter the outcome of a play through their actions. Whether the player wins or loses, and the prize, are determined entirely by the machine.
However, many local governments either allow casino gaming outside of the four legal casinos through local rules and regulations or authorize casino gaming within their communities by unknowingly licensing businesses and entities to conduct casino gaming. The field gets even more complicated when the different types of gaming permitted in Ohio and the various games designed in an attempt to evade the law are added to the mix.
Illegal Casinos Don’t Sweeten the Pot
Unfortunately, many local governments are unaware of the gambling addictions and crime rates that usually accompany illegal casinos. With gambling addictions on the rise, it is imperative, now more than ever, for local governments to review their regulations and business permits to ensure they and the entities they license are in compliance with Ohio law.
References
Ohio Constitution, Article XV, Section 6(C)
Revised Code Chapter 2915
Revised Code Chapter 3772
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