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Judiciary committee backs narrow fix to block sweepstakes machines where alcohol is sold, 17–2
Summary
The committee voted 17–2 to report a bill clarifying that Internet sweepstakes machines are not legal in establishments that sell alcohol; supporters cited law‑enforcement seizures and magistrate rulings, while some members urged broader, slower reform and more public input.
The Senate Judiciary Committee voted to report Senate Bill 3, a targeted correction intended to prevent Internet “sweepstakes” machines from operating in licensed alcohol‑serving establishments, even where operators argue the devices are sweepstakes rather than illegal gaming machines.
Senator Aiken, who presented the subcommittee report, told the committee the measure closes a purported loophole that some magistrate opinions have created. "There is no loophole," he said, describing the bill as a fix prompted by contradictory lower‑court rulings and by seizure activity from state law enforcement. He and other supporters said SLED and the attorney general’s office urged the committee to act after magistrate rulings that suggested a limited exception under Title 61.
Opposing senators said owners and operators of the machines — many of whom could not attend hearings held during the pre‑file period — should have an opportunity to testify and argued for broader, comprehensive reform instead of a narrow carve‑out. "I'm against the bill to start with," one senator said, urging the committee to carry the measure over to allow more public input.
Proponents pushed back that magistrate rulings have been the exception and that law enforcement has upheld seizures in most cases. The subcommittee chair said testimony from Chief Keel of SLED and the attorney general’s office indicated the bill would help resolve ambiguities in enforcement.
After debate, the committee recorded a favorable report on S3 by a vote of 17 in favor and 2 opposed; Senator Martinsburg signaled the expected minority report. The chair said the committee will send the bill to the floor for further consideration.
What the bill does: according to the sponsor’s explanation, S3 clarifies that the existing prohibitions on video poker and gambling (Title 12) are not circumvented by Internet sweepstakes devices and that Title 61 does not create an exception for licensed alcohol retailers. Supporters said the bill does not seek to address sweepstakes in non‑alcohol venues and that broader reform could follow in separate legislation.
