Opinion
[No. 244, September Term, 1968.]
Decided December 6, 1968. Motion for rehearing filed December 27, 1968; denied January 6, 1969.
GAMBLING — Slot Machines — Console And Pinball Machines As Well As One-Arm Bandits Are Slot Machines Within Definition Of Chapter 617 Of The Laws Of 1963 Even Though They Pay Off In Tokens Redeemable For Merchandise. p. 671
Decided December 6, 1968.
Appeal from the Circuit Court for Charles County (DIGGES, C.J.).
Action by Delbert Wayne Conner trading as Southern Trails Reno against the Board of County Commissioners of Charles County and the License Clerk of Charles County seeking a declaratory judgment that the operation of certain mechanical and electrical amusement devices did not violate Chapter 617 of the Laws of 1963 and also filed a petition for writ of mandamus to compel the License Clerk of Charles County to accept applications and issue licenses for the devices. From the granting of the writ of mandamus directing the license clerk to license the console and pinball machine and the declaratory relief thereto, the Board of County Commissioners of Charles County and the License Clerk appeal; Delbert Wayne Conner appeals from the Court's denial of his right to a license for the mechanical amusement device (one-arm bandit).
Order of the Circuit Court for Charles County granting the writ of mandamus for the licensing of console and pinball machines reversed, and its order denying the writ for one-arm bandits affirmed, and case remanded for the making of a declaration in accordance with the opinion herein, all costs to be paid by the appellee.
The cause was argued before HAMMOND, C.J., and McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.
Donald Needle and Thomas A. Garland, Assistant Attorneys General, with whom were Francis B. Burch, Attorney General, and Thomas C. Hayden, Jr. on the brief, for appellants.
Joseph S. Kaufman and Francis S. Brocato for appellee.
Motion for rehearing filed December 27, 1968; denied January 6, 1969.
This case was advanced and argued immediately after the case of Clerk v. Chesapeake Beach Park, Inc., 251 Md. 657 in which we reversed the holding of the Circuit Court for Calvert County that console and pinball machines that pay off in merchandise are not slot machines within the definition of Ch. 617 of the Laws of 1963 and could legally be licensed and operated in Calvert County. In the case now before us the Circuit Court for Charles County reached the same conclusion, as had the Circuit Court for Calvert County, holding that one-arm bandits were proscribed statewide by Ch. 617 as slot machines, even though they paid off in tokens redeemable for merchandise but that console and pinball machines that paid off in merchandise were not within the definition in Ch. 617 of slot machines and therefore could legally be licensed and operated under the local law of Charles County.
For the reasons given in the opinion in the Calvert County case, we hold that Judge Digges erred in finding the console and pinball machines to be without the definition of a slot machine in Ch. 617 and his orders implementing his findings in this respect must be reversed.
Order of the Circuit Court for Charles County granting the writ of mandamus for the licensing of console and pinball machines reversed, and its order denying the writ for one-arm bandits affirmed, and case remanded for the making of a declaration in accordance with the opinion herein, all costs to be paid by the appellee.