Matter of Pace-O-Matic, Inc., v. New York State Liq. Auth.
Apr 01, 2010OUTCOME: Victory for the New York State Liquor Authority
New York State Liquor Authority did not act arbitrarily or capriciously in finding that touch-screen video game was contest of chance for purposes of determining whether game was gambling device not al ... lowed in establishments that Authority licensed, even though one phase of game could be considered skill-based, where outcome in succeeding phase of game, including amount of prize, depended in material degree upon element of chance, since prize was selected at random by machine, was not revealed until after first phase, and could be more or less than player might received in first phase.
