IMGL Magazine January 2024

SKILL GAMING

• 71% believe “skill” machines lack player protections available in casinos. • 64% agree these games are too accessible to children. • 56% think they raise crime risks, endangering both employees and customers in locations where they are found. Furthermore, when they learn that “skill” machines are not taxed and are not subject to the same regulatory scrutiny as casino slot machines, the study found that 64 percent of Americans familiar with these games express concern about their presence in their community. Beyond gambling: the need for policy Whether skill games constitute gambling or not, policy issues demand regulatory intervention. Regulation establishes a baseline, ensuring uniform standards for operators. It validates their credibility, addresses fairness, security of personal information, mediation of customer complaints, security of funds, payment of winnings, age verification, and responsible gaming, thereby instilling player confidence in the operator’s credibility and the fairness of their games. The prevalence of skill-based games in retail spaces, despite their legal ambiguity and resemblance to slot machines, has sparked significant concern among both industry stakeholders and everyday citizens. While these games may technically meet certain legal criteria, they fall short in providing adequate player protections, raise accessibility concerns for children, and pose risks of increased crime in the locations where they are found. This year the American Gaming Association took a firm position on retail skill games with their former President and CEO Bill Miller stating: “Unregulated machine manufacturers have built their businesses by duping consumers and small

businesses while avoiding taxes, oversight and consumer protections. Keeping America’s gaming industry strong, safe and responsible can only be done through the robust infrastructure of the well-established legal market, not by rewarding bad actors with half-measures that fail to address the dangers of unregulated gambling.” The call for regulatory oversight and intervention from the established gaming industry, citing unfair competition, echoes the worry that these games evade necessary standards and lack responsible gaming controls. The findings from the American Gaming Association’s survey underscore a widespread unease among the public regarding the presence of these games in their communities. With mounting concerns about taxation discrepancies and the absence of robust regulatory oversight akin to casino slot machines, the conclusion is clear: there is a compelling need for comprehensive regulations and safeguards to address the proliferation of these skill-based games in retail spaces, ensuring player protection, responsible gaming practices, and community safety. Additionally, in the evolving landscape of online skill gaming, the call for regulation also resonates loudly. As technology continues to reshape the gaming sphere, regulatory oversight emerges not only to delineate between skill and chance but also as a pivotal force in safeguarding fairness, integrity, and responsible gaming practices. Striking a balance between innovation and regulation remains a nuanced challenge, but it is clear that a structured framework is needed to ensure a level playing field and foster trust among participants and stakeholders alike. The future of skill gaming, whether it be conducted online, or in retail establishments, lies not just in its entertainment value but in its responsible and ethical governance, a direction that demands the collaborative efforts of legislators, industry leaders, and players.

ERIC WEISS President of North America, Odds On Compliance For information contact eweiss@oddsoncompliance.com

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IMGL MAGAZINE | JANUARY 2024

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