Skill Games with Mike Barley, Pace-O-Matic Chief Public Affairs Officer.
00:00 - The following program is sponsored in part by
00:03 - customer's bank.
00:11 - We're joined today by Mike barley chief public affairs officer for pace amatic in
00:17 - June the Pennsylvania supreme court ruled that skill games are
00:21 - basically the same thing as slot machines that we find in casinos before we get into
00:25 - the specifics of the decision can you explain for our viewers what are skill games
00:29 - yeah a skill game is an interactive game that you find at bars and restaurants and a
00:35 - fraternal clubs where
00:37 - the player can play they have to interact with the game but they at the basis they
00:41 - can win every single time there's no compensating algorithm in the game software that
00:44 - says you're going to win or lose depend upon.
00:47 - The luck
00:48 - of the the draw
00:50 - for those that are unfamiliar what should our viewers know about pacing at a
00:52 - yeah we're the leading software company for skill games
00:55 - across the country and we work with those partners in the
00:58 - bar restaurant
00:59 - tavern and in the fraternal clubs to help provide them
01:02 - with an entertainment product that helps them
01:05 - make some supplemental revenue
01:06 - which is important these days especially as they confront
01:09 - rising costs and in the difficulties finding and attracting quality labor.
01:14 - As i mentioned that court decision like in skills skill games to casino games
01:19 - how how do you make a differentiation what is the difference.
01:22 - Look at it it's going to be an interesting one for the legislature decide
01:26 - there is a
01:27 - there's a way you legislature can make laws an indifferent
01:30 - differentiate the games
01:32 - through legislation i think that's ultimately what the supreme court got to.
01:36 - Look
01:36 - you know there was about a dozen county
01:38 - common pleas courts and an unanimous commonwealth court
01:41 - opinion saying the opposite until the supreme court came in
01:44 - i could disagree with the result but that they have the all ultimate say the end of
01:48 - the day though what though i do agree with them one hundred percent on is that the
01:51 - legislature needs to address it it's something that we've been working with them
01:54 - trying to get to a resolution we're hopeful
01:57 - with this deadline that may provide the the runway to get something done
02:01 - an initial twenty fourteen court decision had ruled that skill games were different
02:05 - from casino games so a chain changed.
02:08 - Look i i i'm not sure exactly what the supreme court.
02:12 - You know was looking at when they based their rulings but you know again we felt
02:16 - pretty consistently throughout the
02:18 - decade of litigation on this over a decade of litigation on this
02:22 - that the game was
02:23 - a skill game it's still believe that
02:26 - now i think when you look at the decision it was far reaching it even
02:31 - includes games that Chuck e cheese and Dave and busters if you read it it
02:34 - is
02:35 - basically the summation was well if that's the case then so be it legislature fix it
02:39 - so again i think this is where the ledge it's going to take a legislative fix to
02:43 - to kind of unwind what was decided
02:46 - and.
02:47 - Look ultimately we want regulation
02:49 - we believe there's a there could be fair taxation fee based
02:53 - system put in place here
02:55 - to allow this to continue but we we believe there
02:58 - should be regulation and guard rails around us as well
03:00 - how many skill games are currently operating in Pennsylvania
03:03 - it's a great question and that's why regulations needed i look
03:06 - i can tell you from pay semantics that we were about twenty thousand in the market.
03:10 - In about seven thousand different
03:12 - establishments
03:13 - you know look there's
03:15 - a lot of
03:15 - estimates i think the state police's says seventy or eighty thousand
03:19 - i believe there could be upwards of one hundred thousand operating within
03:22 - the commonwealth
03:23 - where can skill games be found
03:25 - look at it really is
03:27 - it's in your local bar restaurant.
03:30 - Your fraternal clubs.
03:32 - Can be stores those types of locations you'll see them in your your area
03:37 - look i think when you look at whatever solution gets put in place hopefully
03:41 - there will be limitations on how many games are in these these
03:45 - these spots i mean you see some locations that are nothing more than a
03:48 - as you know
03:49 - about
03:50 - a
03:50 - strip mall with a
03:52 - mini casino oh and
03:53 - our games aren't in there i don't think there's
03:55 - a role for those that's the purview of a casino.
03:59 - You
03:59 - weep
04:00 - when our contract we make sure that
04:02 - there's already existing reason for that establishing to be there and
04:06 - most of our businesses they're selling another product
04:08 - a fraternal club obviously they have their own mission and most of it's charitable so
04:13 - they a different reason for existing.
04:15 - How to score games benefit their hosting businesses
04:18 - look they don't there's no capital outlay they they take in forty percent of the
04:22 - profits just for having him there and
04:25 - forty
04:26 - forty percent of the other
04:27 - the other forty percent of the profits are shared
04:29 - with their partners the coin operated industry so the
04:32 - the folks who put the pool tables the
04:34 - the.
04:36 - Dart boards the atm in those locations they're the ones who service and
04:40 - and i and handle the accounting for it
04:43 - so
04:43 - there's a significant amount of revenue for the last
04:46 - decade these these folks have been relying on to help
04:49 - fill in the cracks especially as you looked at cove it and then you know
04:52 - inflation rising costs and then
04:55 - just behavioural change ages from consumers
04:57 - after covert i think many of us have
05:00 - probably grown accustomed to Uber and
05:02 - and other
05:03 - delivery services so that cuts down on people going to these establishments
05:07 - and they may have ordered an extra
05:09 - drink or an extra.
05:11 - Meal or something that that's
05:13 - cut down on their margins
05:14 - as lawmakers are paying tax with
05:16 - creating some sort of regulations for skill
05:18 - games should there be a differentiation between
05:20 - those that are housed at charitable organization type businesses versus those
05:25 - stand alone parlours that are just having the games
05:27 - yeah look i i'm not sure there'll be a solution where they're standalone parlors are
05:31 - going to be able to exist but yeah i mean i think that it's really be up to the
05:35 - legislature how they you're able to do that but
05:38 - i think
05:38 - a lot of folks look at those charitable organizations as
05:42 - every dollar they're earning they're putting back into the communities whether it's
05:46 - sponsoring the little league team or the
05:48 - town's fireworks for fourth of July there they have a lot of charitable causes and
05:52 - they they again they feel in a lot of cracks with the social.
05:56 - Fabric of those local communities and in a lot of them it's it's also about allowing
06:00 - them to exist they are often a meeting place especially the veterans offer for
06:05 - folks that are
06:05 - maybe
06:07 - veterans that are having a little bit of difficulty
06:09 - whether it's you know financially or just
06:11 - emotionally from some of the trauma that if
06:14 - they dealt with and you hear those stories from the low aka legions vfw use.
06:18 - The services they provide and
06:20 - that stuff that they are providing on their own not with
06:23 - any government involvement will make sure they continue to have those resources to
06:27 - the support those folks.
06:29 - How much revenue does the average skill game
06:31 - generate and how does that get divided up
06:34 - yeah i mean it it fluctuates obviously by loki cation i can tell you that
06:38 - you know
06:39 - many locations
06:41 - if you're looking at a couple of terminals that can be thirty or forty grand a year
06:45 - so when you're looking at a
06:47 - fraternal hall or or a small business that that could pay the rent.
06:52 - So you're talking about a significant line item that they're going to be.
06:56 - There they're going to be missing so the way that the revenue
06:59 - from a terminal if you look at it
07:01 - a forty percent of the revenue staying with that local
07:04 - business forty percent is going to the business that
07:07 - the local
07:08 - coin operated business
07:10 - that once again who do the dartboard in the pool tables and
07:13 - they were making it big when
07:14 - miss pac man was big but you know the days of
07:16 - the art cades are gone with the cell phone.
07:19 - They're getting forty percent and then twenty
07:22 - percent comes back to us as the software distributor
07:25 - we also share that with our Pennsylvania distributor who.
07:28 - Is based in williamsport.
07:30 - Legislative attempts to tax skill games have
07:32 - ranged from roughly thirteen to fifty two percent
07:35 - do you support efforts to tech skill games
07:37 - and if so how do you find the appropriate rate
07:40 - yeah we've always been in support of
07:43 - understanding if there's going to be some sort of a
07:46 - fee that goes back to the state
07:48 - i think that
07:48 - the difference in in the in the struggle has been.
07:52 - You know all the different competing ideas and obviously there's there's in you know
07:56 - other industry trees and competitors that would like or
07:59 - that believe their competitors that would like to
08:01 - to
08:01 - kind of
08:02 - set those rates but
08:04 - i think when you look at it you really have to understand
08:06 - we're not talking about a
08:08 - business that's entire
08:10 - goal is to be a gambling hall this is
08:13 - a couple skill game terminals in a business
08:15 - in a small business or fraternal club it's a much different market
08:19 - our games are not nearly as profitable or high stakes there
08:23 - they are much smaller and again i think.
08:25 - There has to be a consideration for that local
08:27 - revenue that stays in those those those businesses
08:31 - what do you think about legislative efforts to reduce the number of skill games
08:34 - either an establishment can have or the total number for all
08:37 - yeah look at we've again we've long supported efforts to
08:41 - limit the number of games you know I've seen
08:44 - you know the convenience store with
08:46 - you know twenty games in it and not
08:48 - as
08:48 - i think that's
08:49 - not a good look as much as most people do
08:52 - so i think there's gotta be limits on the number
08:54 - of terminals and there has to be safeguards
08:56 - and i think once you do do limit that and you get rid of the many casinos you're
09:00 - going to see that statewide total come way down.
09:03 - Center Chris gebhardt is offering a proposal that among other things has the gaming
09:06 - control board oversee skill games what do you
09:09 - think of this proposal look at you know we've
09:12 - we've.
09:13 - Certainly had some issues with that proposal and it really just depends on the game
09:18 - control ward in general they've been
09:20 - extremely antagonistic towards the skill game industry from the beginning.
09:24 - There's a long history there and
09:26 - and really they were designed to
09:28 - oversee gaming in.
09:32 - Box casinos
09:33 - we've worked in and
09:35 - discuss working with the lottery there in the
09:37 - lot of the establishments that were already in.
09:40 - They have a framework in a central system that would be much more
09:44 - applicable to the way our games operate
09:47 - so we believe that's a much better fit and it would provide the regulatory oversight
09:50 - i think that the state would be looking for
09:52 - are established
09:53 - establishments that host skill games require to do anything
09:56 - to address gambling addiction or any safety concerns
09:59 - it's been an interesting one because of the
10:01 - the litigation that's been going on it was tough to work with gambling because we
10:06 - were arguing explicitly that we weren't.
10:09 - We believe that will be part of whatever that
10:11 - fight.
10:12 - The
10:13 - product will be will include.
10:16 - Language that will and funding that would address.
10:19 - That that program i certainly have sat down with our executive director a number of
10:24 - times and i understand the concerns and we we
10:25 - certainly would want to be part of helping.
10:28 - You references a little earlier supreme court justice David wecht had said that the
10:31 - court's decision could potentially affect things like
10:34 - claw games skee ball anything that general
10:36 - dates tickets or prizes is that a valid argument
10:39 - yeah i look i i think it is something i you know i'm not sure we'll see
10:43 - you know the police and you know going out like
10:45 - eliot ness bustling down Chuck e cheese but
10:48 - it is a concern and i think it just highlights what
10:51 - the the supreme court did find is that the
10:53 - legislature needs to address this writ large at whole
10:56 - and i i
10:57 - you know again we're we're headed into a very.
11:01 - Brief session
11:02 - before the election
11:04 - i'm hopeful that there will be time to get something
11:06 - done but you look at all these different aspects and
11:09 - you know to think that
11:10 - the Chucky cheese or even with kids going back to college their esports program could
11:15 - really be defined as a gambling operation
11:18 - an
11:18 - illegal gambling operation
11:20 - that needs to be addressed
11:22 - the court gave the legislature one hundred and twenty days until October thirteenth
11:25 - to come to some sort of decision regarding regulation
11:28 - what's happened since that decision was handed down
11:31 - yeah i mean look we've been going around and in highlighting.
11:34 - The impact it will have on local communities and the local businesses and clubs
11:38 - there have been some discussions behind the scenes we'll see
11:41 - you know it's always interesting time
11:44 - this is usually
11:45 - in
11:46 - the least
11:47 - productive time for the legislature because you're heading
11:49 - into elections it's just historically the way it's been.
11:53 - So we'll see where where.
11:56 - Where their momo Adam
11:57 - is going to be i know the governor would like to see something done
12:00 - and i believe that.
12:02 - Parts of both chambers would like to
12:04 - see something done but you're also have the weight of just
12:07 - all the outside pressure from the elections and things that play as well
12:11 - what happens if the legislature isn't able
12:12 - to come to an agreement by October thirteenth
12:15 - look you know we've been very concerned
12:17 - we will not operate outside the law we've always
12:19 - operated within the law without legal decisions that have
12:22 - said that our games are illegal
12:23 - we will shut our games down
12:25 - and
12:26 - we will continue to advocate
12:28 - for for a product that would allow us to open up and
12:32 - and
12:32 - put some of those safeguards in place but we're not going to
12:35 - continue to operate my guesses
12:37 - there are people will be
12:38 - operating and.
12:40 - There
12:41 - unfortunately if that does occur i think
12:43 - businesses and clubs are going to be put in
12:45 - this awful situation of trying to decide whether
12:47 - to.
12:47 - Do something that may not be right or in the gray area not even a grey area now
12:52 - we're keep their business afloat and that's a shame i'm hopeful the legislature doesn't
12:56 - is able to acts that doesn't occur
12:58 - do you think the impending election will have an impact or put any additional
13:02 - pressure on lawmakers to act on this issue for them
13:04 - i think the elections put pressure on no matter what but yeah i mean look i think
13:08 - that there is some concern in some areas where.
13:11 - These pockets of.
13:14 - Communities where you're talking about the vfw and American legions and then
13:18 - just your local
13:20 - you know watering hole it's going to have a real impact
13:22 - than if you talked to any of them they'll tell you that
13:24 - this is a significant
13:26 - portion of.
13:28 - How they've been able to weather some of these storms and
13:31 - i think everyone sees that the prices are a bit higher and
13:35 - we're all
13:36 - trying to adjust to that businesses the same way i mean you you talked to them
13:39 - negotiating their electric rates are then negotiating their healthcare everything's
13:43 - going up and it's not going up by a little it's going up by a lot so.
13:47 - This was you take this away a decade they've they've been relying on this
13:51 - supplemental revenue it's it just adds another hurdle
13:54 - to see them achieving their bottom line and continue to operate
13:58 - how confident are you in the the legislature's
14:00 - ability to come to a decision for October thirteenth
14:03 - I've been doing this for over twenty years i never get
14:06 - to put.
14:07 - Any kind of odds on what that looks like a it's
14:10 - it's a unique time.
14:13 - For the legislature when there looking at the election like i said i'm hopeful
14:17 - that i i do believe they're taking it seriously
14:20 - i do believe there's conversations happening
14:22 - just got to see if we can get to a final
14:24 - agreement what will pay some meta continue to do as the October deadline approaches
14:29 - re senior talk to our communities will hold events we're going to be meeting
14:34 - with legislators
14:35 - headed to an event again tonight i was in one in Armstrong county last night
14:39 - i was just going to continue to talk to our get our message out through
14:43 - channels like this in the media and
14:45 - and talk directly to lawmakers the best thing at folks who care about this can do is
14:49 - call their lawmakers are here to represent you and.
14:53 - They have the ability to to away and
14:56 - whether they're in leadership or not with their leadership to make sure they know
14:59 - this is an important issue to them
15:01 - my farley's chief public affairs officer with pace sonata thank you for joining us
15:04 - thank you.
15:07 - Hmm.
15:19 - Hmm.
15:25 - Hmm.