Board: inspectors should report suspected illegal gambling to enforcement; no new local gambling rules adopted
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Summary
Board members advised inspectors to refer suspected illegal gambling to enforcement and the state's attorney rather than attempt independent determinations; the board will not create additional local gambling rules at this time.
Discussion about pull-tab and slot-style machines occupied a large portion of the Jan. 10 meeting. The board clarified that inspectors should report any reasonable suspicion of illegal gambling devices or operations to enforcement and the state's attorney rather than make an independent legal determination during routine inspections.
Board members noted prior case law and county experiences distinguishing permitted pull-tab operations from illegal slot or dispensing machines; when there is probable cause (for example, money being dispensed, unattended large-scale devices or evidence that proceeds are not directed to a charity), inspectors should document and refer the matter for investigation. The board declined to draft new local rules specifically aimed at policing gambling devices, saying enforcement and prosecutors are the proper authorities for such determinations.
The board directed licensing staff to remove a checkbox labeled "illegal gambling" from routine inspection forms to avoid implying inspectors must independently determine legality, and reiterated the procedure: inspectors document equipment and behaviors and refer probable-cause matters to enforcement for investigation.