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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27764
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am thinking about purchasing a skill based machine that

Customer Question

I am thinking about purchasing a skill based machine that has the gum-ball feature. Link: time someone puts in a quarter they get a gum-ball and they also get a chance to win something from the tray. I am looking to place them in Long Island, NY.I would like to know if they are legal in Nassau County, NY.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.


I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 1 month ago.

All gambling in New York, except for what is run by the state itself is unlawful, even if the machines have an element of skill.

Here's the section of the NYS Constitution prohibiting it:

New York Constitution

Article I

Sec. 9. 1.

No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; except as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling, except lotteries operated by the state and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state as the legislature may prescribe, and except pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government, shall hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section.

You can find the definition of gambling in New York State Penal Law section 225.00 See specifically, subsection 1, 2, 7, 7a, and 8.

These would appear to be unlawful.

Customer: replied 1 month ago.
I understand. Although the machines dispense gumballs for every quarter. Wouldnt these machines come under that category?
Expert:  Zoey_ JD replied 1 month ago.

I'm very sorry for the long delay. I had to leave my apartment to keep a doctor's appointment and I have only just returned.

The gumball isn't the problem. It's the chance to win something thereafter that makes it gambling. This is a state where, theoretically, even a poker game in your house among friends would be illegal if you're playing for money. And Nassau County is notorious for taking a hard-line against crime.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.