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01-2060 Champeau v. City of Milwaukee

By: dmc-admin//March 4, 2002//

01-2060 Champeau v. City of Milwaukee

By: dmc-admin//March 4, 2002//

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“In reviewing the record, we conclude that the trial court’s findings of fact are not clearly erroneous. The testimony of an expert witness, Officer Wilcox, supports the trial court’s findings that these machines were not amusement devices, that they recorded the number of free replays and changed the ratio of free replays awarded, and that the machines afforded the player with the opportunity of obtaining something of value.

Moreover, it is undisputed that the machines could only be operated if a patron inserted money, and that the machines were based on chance.” However, we disagree with the trial court’s conclusion that the machines were not “gambling devices” because no prize or payout was actually given to a patron.

“In reviewing the statute, we conclude that the language is clear. There is no requirement that patrons actually receive payouts or prizes in exchange for the redeemable credits. Rather, to fall under the definition of a gambling machine, Wis. Stat. ‘ 945.01(3) requires that the contrivance: (1) afford the player an opportunity to obtain something of value; (2) in exchange for consideration; (3) the award of which is determined by chance, even if accompanied by some skill, regardless of whether the prize is paid automatically by the machine; and (4) cannot be purely an amusement device.

These statutory requirements were satisfied here.”

Order reversed and cause remanded with directions.

Recommended for publication in the official reports.

Dist I, Milwaukee County, McCormick, J., Wedemeyer, P.J.

Attorneys:

For Appellant: H

azel Mosley, Milwaukee

For Respondent: Thomas Kent Houck, Milwaukee

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