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Committee recommends denial of mechanical amusement device license for Mad Elephant (Taste of Thai)
Summary
After reviewing a police memo alleging gambling-style features on the machines, Appleton’s Safety & Licensing Committee voted 5-0 to recommend denial of a mechanical amusement-device license for Mad Elephant / Taste of Thai at 1222 S. Oneida St.
The Safety & Licensing Committee recommended denial of a mechanical amusement-device license for Mad Elephant (Taste of Thai Appleton LLC) by a 5–0 vote on Wednesday, forwarding the recommendation to the City Council.
Attorney Garrett Golster, representing the applicant (business owner Sheesai Zhekmaiwang), argued the machines proposed for the business are lawful amusement devices and not gambling machines under Wisconsin law. Golster said the police memo relied on general internet product descriptions and did not show that an officer had inspected a machine in Wisconsin. He also described manufacturer-declared features — a “mandatory reveal” that lets a user view an outcome before playing, and a “skill wheel” that requires player input — and cited Wisconsin case law indicating that “chance must predominate” to qualify as gambling.
City counsel and the police department framed the question differently. The Appleton Police Department had issued a memo urging denial, citing commercial machine payout language and promotional material that emphasized jackpots and progressive network payouts. City counsel told the committee the dispositive legal test is whether the machine, as used, affords an opportunity to obtain something of value by chance; counsel said that, depending on how the machines operate and how they would be used on the premises, the devices could raise red flags and that the committee retained discretion to require more information or deny the license.
Committee members debated the sufficiency of the police memo and the evidence provided by the applicant, including whether the machines would be used to pay out prizes or cash and whether the devices’ features made them games of skill rather than chance. After discussion, a motion to deny the application carried 5–0.
Votes at a glance - Motion: Deny mechanical amusement-device license application for Mad Elephant / Taste of Thai Appleton LLC (agent: Chisa Jitmai Wang) at 1222 S. Oneida St.; recommended by Appleton Police Department. - Outcome: Recommended denial to City Council (5–0)
What’s next: The denial recommendation will be forwarded to the full City Council. The applicant was advised they may appear at the council meeting to speak on the matter.
