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St. Charles council to wait on rules for video lottery terminals pending state and court guidance
Summary
City Attorney presented three options for video lottery terminals — ban, regulate via land use/permitting, or keep status quo — and recommended waiting for guidance from the Missouri Attorney General, legislature, or litigation; council reached consensus to remain status quo for now.
City Attorney Holly Magdziarz briefed the St. Charles City Council on Jan. 13 about the legal status of video lottery terminals (VLTs) and local policy options. Magdziarz outlined three options: adopt a citywide ban, regulate VLTs through land‑use and permitting (including conditional use permits), or keep the status quo and await definitive state or court guidance.
Magdziarz summarized relevant state law and precedent, including Missouri statutes defining gambling and the preemption risk if VLTs are determined to be gambling devices. The presentation cited long-standing opinions from the Missouri Gaming Commission and case law suggesting VLT‑type devices may be illegal under sections such as 572.010 and 572.700, meaning local regulation could be preempted.
Staff recommended keeping the status quo while awaiting guidance from the Missouri Attorney General, the legislature, or litigation outcomes. The presentation noted enforcement considerations for a local ban or regulation would require substantial staff resources across finance, community development, police and municipal court and could prompt costly litigation.
Councilmember Vince Ratchford read Resolution R2023-020 (a prior council resolution opposing proliferation of video gaming machines) and said he supports adding a conditional use permit condition to prohibit VLTs in specific locations and hiring staff to regulate them. Councilmember Denise Mitchell also expressed support for banning VLTs; other members, including Brian Gould and Council President Michael Galba, preferred staff's recommendation to wait for state or legal direction.
The council's outcome: consensus to maintain the status quo and monitor developments at the Attorney General's office, in the legislature (including bills discussed in the presentation such as SB 850), and in ongoing litigation. Staff will return with updates as state guidance or court rulings become available.
Background: the presentation referenced a 2019 Gaming Commission opinion and subsequent enforcement actions in other Missouri cities. It also summarized trade‑press and litigation examples cited in the staff slides and outlined enforcement pros and cons for each policy option.
