July 9, 2017

Law enforcement officials continue to see what are described as non-regulated gaming devices popping up around the state of Missouri. The devices are being found in convenience stores, as well as other establishments, such as bars and restaurants. Unlike casinos and bingo halls, the devices are not regulated by the Missouri Gaming Commission, which works with the Missouri State Highway Patrol's Gaming Division...

Law enforcement officials continue to see what are described as non-regulated gaming devices popping up around the state of Missouri.

The devices are being found in convenience stores, as well as other establishments, such as bars and restaurants.

Unlike casinos and bingo halls, the devices are not regulated by the Missouri Gaming Commission, which works with the Missouri State Highway Patrol's Gaming Division.

In terms of enforcement, the commission and Gaming Division primarily are "charged with regulating the gaming industry in the State of Missouri," such as the casinos and bingo halls, explained Capt. Larry Plunkett Jr., director of the patrol's Gaming Division.

Both the casino industry and bingo have a series of regulations they have to follow to be licensed, Plunkett said.

There is a great deal of effort put forth, he said, to make sure licensed gaming facilities are run as transparently as possible.

"We have troopers assigned to each boat across the state that are always on the property during operating hours.

"We enforce regulatory rules and state statute," making sure everything is being done properly on both sides.

Patrol officials, he said, have concerns "people perceive these devices as being regulated by the State of Missouri, when, in fact, they are not."

Chapter 572 of the Missouri Revised Statutes defines what illegal gaming devices consist of, Plunkett said.

The statutes describes a gambling device as any device, machine or equipment, which is used in playing phases of any gambling activity ... between persons or by a person with a machine.

"There is no doubt about the fact that many businesses have them there for entertainment purposes; however, there is also some certainty in the fact that some businesses pay off the winners," explained Butler County Sheriff Mark Dobbs.

These devices, Plunkett said, do "unfortunately exist. The public needs to be aware they are non regulated, and they may be taking a greater risk, and they are deemed or considered illegal according to state statute."

Patrol officials, he said, encourage the public to "familiarize themselves with those statutes and business owners.

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"I have concerns that people are being told that these devices are legal to operate, but, if they are being treated as a gambling device, they are illegal according to the statutes."

The patrol, according to Plunkett, is aware of the situation and "works with local law enforcement to resolve each call to the best our ability.

"These complaints have increased over the last year or two. It has heightened our awareness; we are always looking for ways to better serve the public."

Highway patrol officials, Plunkett said, do not promote gambling, but "part of our mission is to ensure the games and (gaming) industry in the State of Missouri are being run legally and properly.

"We have little or no ability to offer that service to those non-regulated devices ... ."

The devices' illegal use, he said, may be reported to local law enforcement agencies or the highway patrol, any agency, which operates through the "normal criminal justice system in that county."

Plunkett said the patrol does receive complaints about these devices, and "we take every complaint seriously."

The complaints, according to Plunkett, typically are forwarded to its Division of Drug and Crime Control.

DDCC's resources, Plunkett explained, are "greatly limited by the number of crimes we investigate in the 114 counties across the state, and the resources are typically consumed by homicides, rapes and other serious crimes on a far too frequent basis."

Plunkett said he also understands law enforcement agencies have limited resources, which effect their ability to investigate those types of calls.

Dobbs agreed.

"It's really a concept of the squeaky wheel gets the grease," Dobbs explained. "With law enforcement manpower being so limited, it's necessary to devote surveillance and investigative time to the drug and theft problems, which are felonies, not misdemeanor gambling violations."

While departments have limited resources to deal with the issue, Plunkett said, it is one that could be prevented if "people understand what they are doing. It's illegal; it's not regulated. They're taking a pretty substantial risk in some cases."

Plunkett said Gaming Division officials are able and willing to help other agencies and the public understand the statutes.

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