Ruling lets video game stay in bars -- for now
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[November 26, 2008]

Ruling lets video game stay in bars -- for now

(Buffalo News, The (NY) Via Acquire Media NewsEdge) Nov. 26--The makers of Moxie Mania won a stay in court Tuesday barring the State Liquor Authority from taking action against bar owners who have the video gaming machines in their businesses, their lawyers said Tuesday.



The ruling came less than a week after the SLA board determined that Moxie Mania is a gambling device �and thereby illegal in licensed bars. The board's decision on Thursday marked a reversal of a previous opinion that Moxie Mania -- a complicated, electronic version of tic tac toe on machines that accept up to $100 bills -- was a game of skill, rather than chance, and therefore not a gambling device.

Over the last few months, more than 300 Moxie Mania machines have been installed and are operating in bars across Western New York.



The SLA had begun warning tavern owners that they could face violations if they continued to allow the use of the devices.

But on Tuesday, attorneys for Georgia-based Pace-O-Matic won a restraining order against the SLA's decision before acting State Supreme Court Judge Richard Platkin in an Albany County courtroom.

The stay affects only machines installed up until Tuesday, said Earl Cantwell, an attorney for Pace-O-Matic.

The issue will be taken up at a court hearing scheduled for Dec. 19.

mbecker@buffnews.com

To see more of The Buffalo News, N.Y., or to subscribe to the newspaper, go to http://www.buffalonews.com.

Copyright (c) 2008, The Buffalo News, N.Y.
Distributed by McClatchy-Tribune Information Services.
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