Two men are facing charges after the Missouri State Highway Patrol found a total of 13 electronic gambling machines in two Jefferson County gas stations.
Four machines were found at the Phillips 66/Express Mart on Collins Drive in Festus when an MSHP officer visited last December, and nine more were located in May at Britton's Quick Shop on Highway 21 in Hillsboro.
Charges involving both businesses were filed Thursday.
A highway patrol officer who was investigating complaints about the machines, noted that they all had a "pre-reveal" icon, or prize viewer. A player can preview the outcome, a win or loss, and is not financially obligated to play.
"This knowledge does not assist in obtaining a more favorable outcome, nor does it provide a means to skip or alter the outcome," a probable cause statement read. "The outcome, from a player's perspective is determined by chance and if a player wishes to take the chance that subsequent outcomes would be more advantageous, you are required to continue playing.
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"Knowing the outcome in advance does not remove the chance-based determination. Further, being able to remove consideration upon learning of the outcome does not remove the element of chance because, as designed, the game requires a player to move past the immediate play for the chance that the next will be a winning game."
Each store's managing officer faces misdemeanor charges of possession of a gambling device: Jeffrey A. Mesplay of Phillips 66/Express Mart and Douglas E. Warren of Britton's Quick Shop. Both are due in court Aug. 25.
The machines have been the subject of staunch debate, court battles and failed legislative attempts to regulate them for years. Wildwood-based Torch Electronics argues its machines “fall outside the definition of a ‘gambling device’ under Missouri law and are entirely legal.â€
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