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1998 Arkansas Attorney General Reports and Opinions 1 (1998)

handle is hein.sag/sagar0075 and id is 1 raw text is: STATE OF ARKANSAS
Office of the Attorney General
Winston Bryant                                                               Telephone:
Attorney General                                                           (501) 682-2007
Opinion No. 97-353
January 2, 1998
The Honorable Dennis Young
State Representative
P.O. Box 1835
Texarkana, Arkansas 75504
Dear Representative Young:
This official Attorney General opinion is rendered in response to a question you
have raised concerning certain coin-operated games. In particular, you have
described coin-operated machines that look like slot machines, but that pay off
with coupons that are redeemable for merchandise.
You have asked:
Are coin-operated games legal if they pay off in
coupons that are redeemable for merchandise?
It is my opinion that coin-operated games that pay off in coupons redeemable for
merchandise are authorized by statute within certain limits, as set forth in A.C.A. §
26-57-402(2)(A)(ii). However, as discussed more fully below, such games could
constitute lotteries in violation of the Arkansas Constitution.
The provisions of A.C.A. § 26-57-401 et seq. authorize the operation of certain
coin-operated amusement devices. Devices that fall within these provisions do not
violate the anti-gambling statutes set forth as a part of the criminal code, at A.C.A.
§ 5-66-101 et seq. However, it should be noted that A.C.A. § 26-57-403
200 Tower Building, 323 Center Street 0 Little Rock, Arkansas 72201-2610