§ 14-306. Slot machine or device defined.
§14‑306. Slot machine or device defined.
(a) Any machine,apparatus or device is a slot machine or device within the provisions of G.S.14‑296 through 14‑309, if it is one that is adapted, or may bereadily converted into one that is adapted, for use in such a way that, as aresult of the insertion of any piece of money or coin or other object, suchmachine or device is caused to operate or may be operated in such manner thatthe user may receive or become entitled to receive any piece of money, credit,allowance or thing of value, or any check, slug, token or memorandum, whetherof value or otherwise, or which may be exchanged for any money, credit,allowance or any thing of value, or which may be given in trade, or the usermay secure additional chances or rights to use such machine, apparatus ordevice; or any other machine or device designed and manufactured primarily foruse in connection with gambling and which machine or device is classified bythe United States as requiring a federal gaming device tax stamp underapplicable provisions of the Internal Revenue Code. This definition is intendedto embrace all slot machines and similar devices except slot machines in whichis kept any article to be purchased by depositing any coin or thing of value, andfor which may be had any article of merchandise which makes the same return orreturns of equal value each and every time it is operated, or any machinewherein may be seen any pictures or heard any music by depositing therein anycoin or thing of value, or any slot weighing machine or any machine for makingstencils by the use of contrivances operated by depositing in the machine anycoin or thing of value, or any lock operated by slot wherein money or thing ofvalue is to be deposited, where such slot machines make the same return orreturns of equal value each and every time the same is operated and does not atany time it is operated offer the user or operator any additional money,credit, allowance, or thing of value, or check, slug, token or memorandum,whether of value or otherwise, which may be exchanged for money, credit,allowance or thing of value or which may be given in trade or by which the usermay secure additional chances or rights to use such machine, apparatus, ordevice, or in the playing of which the operator does not have a chance to makevarying scores or tallies.
(b) The definitioncontained in subsection (a) of this section and G.S. 14‑296, 14‑301,14‑302, and 14‑305 does not include coin‑operated machines,video games, pinball machines, and other computer, electronic or mechanicaldevices that are operated and played for amusement, that involve the use ofskill or dexterity to solve problems or tasks or to make varying scores ortallies and that:
(1) Do not emit, issue,display, print out, or otherwise record any receipt, paper, coupon, token, orother form of record which is capable of being redeemed, exchanged, orrepurchased for cash, cash equivalent, or prizes, or award free replays; or
(2) In actual operation,limit to eight the number of accumulated credits or replays that may be playedat one time and which may award free replays or paper coupons that may beexchanged for prizes or merchandise with a value not exceeding ten dollars($10.00), but may not be exchanged or converted to money.
(c) Any video machine,the operation of which is made lawful by subsection (b)(2) of this section,shall have affixed to it in view of the player a sticker informing that personthat it is a criminal offense with the potential of imprisonment to pay morethan that which is allowed by law. In addition, if the machine has an attractchip which allows programming, the static display shall contain the samemessage.
(d) The exception insubsection (b)(2) of this section does not apply to any machine that pays offin cash. The exemption in subsection (b)(2) of this section does not applywhere the prizes, merchandise, credits, or replays are (i) repurchased for cashor rewarded by cash, (ii) exchanged for merchandise of a value of more than tendollars ($10.00), or (iii) where there is a cash payout of any kind, by theperson operating or managing the machine or the premises, or any agent oremployee of that person. It is also a criminal offense, punishable under G.S.14‑309, for the person making the unlawful payout to the player of themachine to violate this section, in addition to any other person whose conductmay be unlawful. (1937, c. 196, s. 3; 1967, c. 1219; 1977, c. 837;1985, c. 644; 1989, c. 406, s. 1; 1993, c. 366, s. 1; 2000‑151, s. 4.)