Video Poker: Not Dead After All?

Although video poker was prohibited in South Carolina in 1999, a little known loophole is being used and causing an increase in the operation of similar machines — much to the frustration of law enforcement, prosecutors, and now state legislators.

This morning in front of the Greenville County Law Enforcement Center, Senator Larry Martin (R-District 2-Pickens County) and Representative Phyllis Henderson (R-District 21-Greenville County) announced they are taking steps to eliminate these new machines.

The debate revolves around machines called “sweepstakes terminals” which contain games that allow winners to log on to specific websites and redeem game points for prizes or cash.

Law enforcement sees these machines no differently than the banned video poker games, but attorneys for Play 4 Fun who owns these terminals and conducts “sweepstakes” contests in conjunction with Georgia-based Products Direct contend that the machines do not violate the prohibition and are legal.

On April 7, 2011, Greenville County Magistrate Charlie Garrett sided with Play 4 Fun/Products Direct and ordered that the terminals are legal, barring either an appellate court overturning his decision or the legislature taking action to change the law.

“These machines have been gaining widespread use throughout Greenville County over the past few years,” Representative Henderson said. She added, “Senator Martin and I are here today because the legislative intent of the SC General Assembly in 1999 was clearly to ban all types of video gaming machines in the State of South Carolina.”

Last week, Senator Martin filed a bill (S.1065) that would close what he calls a loophole that allows these terminals. Representative Henderson will file the House version of that bill this coming week.

FOR MORE: State’s Brief * Defendant’s Brief * Magistrate’s Order