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From YouTube: Buncombe News Update-Video Gaming Law
Description
Buncombe County Sheriff's Office and Asheville Police Department in coordination with the District Attorney's Office will resume enforcement of the video gaming law outlined in NCGS 14-306.4 as of Monday, January 14, 2013. Anyone found in unlawful possession of video gaming machines will be subject to arrest and prosecution as well as seizure of any related devices or proceeds.
A
Good
morning,
I
want
to
thank
everybody
for
coming
out
this
morning.
I
know
this
has
been
an
issue
that
everyone's
been
receiving
a
lot
of
calls
about
and
wanting
to
get
some
answers
and
some
clarification
on
on
the
rules
and
the
vol.
Concerning
video
of
gaming,
we
met
here
almost
two
years
ago,
December
the
first
2010
to
discuss
a
new
law
that
the
state
of
North
Carolina
had
just
brought
into
being,
which
is
north
carolina
general
statute,
14
dash
306
point
for
that
particular
vault.
A
We
started
enforcement
of
that
law,
the
January
after
that
December
of
2010
after
an
educational
process
with
the
store
shop
owners
and
folks
who
were
operating
video
gaming.
After
that
point
in
time
the
law
became,
or
the
enforcement
of
all
became
just
a
little
bit
clouded.
As
far
as
what
was
a
legal
video
gaming
device
and
what
was
not
well
over
the
past
two
years.
A
Let
me
let
me
kind
of
catch
up
here.
The
court
case
was
12,
14
2012
and
they
actually
found
that
the
law
that
has
been
there
for
two
years
fully
enforceable
and
that's
why
we're
meeting
today
to
discuss
answer
any
questions.
Do
any
clarification
that
that
may
need
be
needed.
But
what
the
plan
is
I
have
to
confirm
with
the
district
attorney
and
talking
with
Chief
William
Anderson
with
Asheville
Police
Department.
B
Tracing
the
history
back
in
06,
video
poker
type
machines
were
outlawed.
Subsequent
to
that,
some
things
happen
with
the
law
or
with
the
machines.
They
were
modified
to
be
internet
based,
and
so
the
general
assembly
in
08
passed
a
wall
trying
to
outlaw
those
machines.
Then
they
were
modified
again
and
hence
the
original
injunction
and
they
became
the
2010
law
that
the
sheriff
referred
to
and
basically
what
that
did.
They
took
the
electronic
machines
impaired,
a
sweepstakes
type
game
with
some
type
of
video
display.
B
What
the
08
law
had
outlawed
is
when
they
move
from
the
standalone
poker
type
machines
to
an
Internet
type
poker
display.
So
at
any
rate,
the
North
Carolina
Supreme
Court,
when
it
got
hold
of
this
case,
basically
traced
this
history
and
referred
back
to
a
19,
15
North
Carolina
case,
which
could
you
put
the
relevant
language
up
Randy.
This
pretty
much
I
think
sets
the
stage
for
this
saga
and
the
fact
anticipated
stage.
What
kind
of
refers
to
that
later
on,
but
basically
no
splinter.
Then
you
outlaw
one
part
of
this.
B
B
And
basically
what
Supreme
Court
said
is
we're
not
going
to
buy
that
the
state
has
the
authority
and
has
had
the
authority
for
for
eons
to
regulate
gambling
under
the
concept
of
looking
out
for
the
public
morals
or
whatever.
That's
basically
the
language
that's
used
in
gambling
cases
through
the
years,
and
then
they
looked
at
the
different
types
of
scrutiny
that
even
if
it
were
free
speech,
you
have
strict
scrutiny
or
intermediate
scrutiny.
This
is
not
a
strict
scrutiny.
That's
the
type
of
thing
we
actually
are
standing
up
talking
about
something.
B
None
of
this
has
to
do
with
anything
other
displays
on
a
video
machine.
So
the
court
also
pointed
out
it
didn't
matter
whether
some
simulated
video
game
or
the
machine
just
said
bingo
or
you've
got
21
or
whatever
it's
the
same
idea,
it's
prohibited
to
use
that
machine
to
tell
you
that
you
have
won
the
sweepstakes
game.
B
The
arguments
also
been
used
in
some
quarters.
Well,
McDonald's
has
sweepstakes
from
time
to
time.
Well,
McDonald's
is
not
selling
you
a
sweepstakes
court.
These
folks
are
taking
in
hundreds
millions
of
dollars,
selling
chances
on
the
sweepstakes
extensively,
sometimes
with
a
prepaid
phone
card
or
for
a
internet
time
and
all
in
this
case
in
the
North
Carolina
case,
nobody
really
addressed
that
they
refer
to
another
case
out
of
another
jurisdiction
where
out
of
27
thousand
dollars
worth
of
time.
B
That
had
been
sold,
one
hundred
dollars
had
been
claimed
so
clearly
was
just
a
subterfuge
and
that's
what
our
court
basically
referred
to.
So
the
bottom
line
is
the
machines
that
we've
seen
so
far
now
again,
I'm
sure
there
will
be
attempts
to
get
around
them,
but
pairing
them
with
some
internet
internet
based
system.
B
Because
of
the
difference
in
this
is
to
you
unplug
the
machine
in
the
store.
You
could
not
plug
it
in
here
and
play
the
game
because
it's
a
company
out
of
state
there
they
have
a
system.
So
it's
not
like
the
old
poker
machines
which
you
could
unplug
bring
them
in
here
and
then
examine
them
to
look
at
them
and
see
how
they
worked.
B
The
court
has
seemed
to
suggest
that,
no
matter
how
you
phrase
it
that
we
are
not
going
to
allow
that,
that's
the
bottom
line
and
that's
what
we
believe
and,
as
the
sheriff
said,
I
think
that
everybody-
probably
in
the
state
of
North
Carolina,
has
these
machines
has
been
following
this
saga
for
years.
One
we
don't
know
where
you
are,
if
you're
using
exchange,
because
there's
no
licensing
for
the
most
part,
and
secondly,
there's
probably
nobody
in
the
state
that
has
these
machines.
B
C
Captain
would
I
don't
have
not
a
whole
lot
to
add
just
the
fact
that
we're
more
agreement
with
the
district
attorney's
office
of
the
Sheriff
Department
in
a
beginning,
the
enforcement
on
the
14
and
realizing
that
the
public
should
be
aware
by
that
time
the
game's
over.
As
the
sheriff
said
it's
currently
illegal
and
we'll
get
unfortunate
under
there's.
A
Some
pretty
broad
sweeping
language
in
the
packet
if,
if
you
get
Randy
to
send
it
to
you
and
I
think
a
district
attorney
has
some
copies
up
here,
where
the
Supreme
Court
basically
says
at
the
end
of
their
decision.
We
conclude
that
north
carolina
general
statute,
14
dash
30
6.4,
regulates
conduct
with
only
incidental
burdens
on
associated
speech
and
is
therefore
constitutional,
and
the
reason
why
I
read
that
I
don't
think
that
any
challenge
is
coming.
A
So,
if
you're
a
store
shop
owner-
and
you
might
be
hearing
that
there's
another
injunction
coming
or
another
state
coming
I,
don't
know
that
that's
really
going
to
be
the
case.
This
time,
I
think
the
supreme
courts
ruled
on
it
and
we've
been
given
the
go-ahead
to
take
enforcement
by
our
district
attorney,
as
well
as
our
sheriffs
Association
and
their
advisement,
as
well
as
our
attorney
service
that
we
use
his
way.
So,
at
this
point
in
time,
I'm
going
to
open
it
up
for
questions
just.
D
A
When
you,
when
you
go
to
the
statute,
you
look
at
the
statute.
There
are
several
machines
that
are
prohibited
on
their
face
or
by
mere
possession.
I.
Think
a
lot
of
the
machines
that
we've
seen
to
that
are
being
used
in
our
county
are
the
old
gambling
standalone
pot
of
gold
machines
and
the
District
Attorney
concurs
I.
A
B
E
B
D
A
Be
honest,
we
ought
to
have
no
idea.
We
had
a
proliferation
of
them
after
in
2011
after
we
had
some
unsuccessful
attempts
and
trying
to
deal
and
prosecute
the
machines
because
the
law
was
so
was
so
vague.
It
was
hard
to
do
anything
with
any
of
the
machines,
even
the
ones
that
the
courts
told
us
that
we
could
probably
go
ahead
and
enforce.
It
was
hard
to
explain
to
juries
what
the
difference
in
the
machines
were.
They
saw
gambling
his
gambling.
You.
A
I
I
haven't
a
clue.
I
we've
got
a
lot
of
convenience
stores
that
were
you
know,
operating
as
they
always
have,
but
this
was
a.
They
saw
it
as
a
way
to
to
make
some
money
and
at
the
time
the
the
laws
around
it
were
not
enforceable.
So
we
have
those
to
deal
with
and
then
just
in
the
area
where
I
live,
I
probably
saw
half
dozen
of
stand-alone
video
poker
gambling
establishments
come
up
that
that's
all
that's
contained
in
the
business
are.
E
B
Their
pinball
machine,
like
we
had
when
we
grew
up
with
still
be
fine,
but
you
know
again,
the
whole
idea
is
gambling.
Okay,
you
get
something
something
of
value.
You
know,
that's
the
trick
and
that's
the
problem.
Here
is
again:
it's
not
a
sweepstakes
that
says
you
won.
You
know
a
chance
to
play
again.
Here's
something
you
1
$20!
You
want
five
hundred
dollars.
You
want
a
thousand
dollars.
That's
why
people
keep
coming
it's
because
of
that.
I.
A
A
My
knowledge
there's
there
have
been
quite
a
few
that
had
been
removed
already
I
think
the
media
has
reported
that
several
of
the
businesses
who
were
using
s
technology,
they
they
went
ahead
and
remove
their
machines,
probably
for
fear
of
having
those
machines
confiscated
or
losing
those
machines.
I
think
a
lot
of
other
folks
who
are
not
doing
business
with
those
particular
companies
with
internet
sweepstakes
have
been
waiting
to
see
what
what
our
stance
and
our
information
was.
You.
E
C
E
A
Yes,
I
think-
and
we
haven't
got
this
far
yet
you
know
in
the
past
because
of
some
of
the
issues
and
appeals
and
injunctions,
we've
not
destroyed
any
machines
to
my
knowledge,
but
I
think
now
that
situation
is
probably
going
to
change
is
basically
with
the
machines
that
are
illegal
on
their
face.
The
old
pot
of
gold
and
lucky
7
machines
in
that
type
of
gambling
device.
Yeah.
B
I'm
sure
some
of
these
people
we
try
to
modify
to
get
around
the
law
with
it.
You
read
this
opinion.
The
court
is
pretty
clear
that
the
state
has
the
authority
to
regulate
this.
It's
not
any
type
of
protected
speech.
They
could
have
all
the
video
games
they
want.
They
can
have
all
the
sweepstakes.
They
want.
I.
Just
can't
pay
off
from
the
sweepstakes
use
the
video
games
as
a
subterfuge
for
that.
A
I
don't
know
if
I
would
use
the
word
dangerous.
I
would
use
the
word.
They
have
the
potential
for
a
lot
of
corruption
around
them,
because
they're
not
regulated
which,
when
you
look
at
that
type
of
business
unregulated,
you
could
probably
see
the
opportunity
for
other
unregulated
things
that
break
the
law.
That
could
could
evolve
into
some
some
type
of
danger,
but
one
of
the
main
calls
that
I
I
get
in
my
office
and
got
on
a
regular
basis.
A
Up
until
we
were
unable
to
enforce
this
law
a
little
over
a
year
ago
was
that
my
family
member
is
putting
every
dime
that
we
make
in
these
machines,
and
we
know
of
several
folks
who
have
lost
houses,
lost
vehicles
and
basically
just
destroyed
families.
/
/
put
in
every
everything
that
they
make
in
these
video
gaming
devices.
I.
D
Would
add
that
the
attorney
general's
office
sent
out
a
cautionary
memo
that
I'll
provide
and
the
packing
for
you,
where
there
are
documented
cases
where
going
into
these
stores
run
up
quite
a
large
sum
on
these
sweepstakes
and
then
the
businesses
refused
bathing
refuse
to
settle,
and
there
is
for
all
of
em
go
surfing
packing.
That
goes
out.
We've.
B
We've
had
malted
pop
businesses,
seventy
thousand
dollars
from
a
church,
one
time
yeah.
So
again
the
state
is
regulating
this.
The
state
is
looking
for
seeking
to
look
out
for
you,
as
part
of
the
state,
has
the
ability
to
do
that
in
certain
situations.
They
regulate
different
types
of
conduct,
and
this
is
one
that
the
court
says
they
can't
regulate.
E
A
D
E
A
You
know
economic
times
are
are
extremely
tough
and
you
know
this
issue
has
been
batted
back
and
forth
by
the
courts
and
and
by
the
legislature,
and
basically
is
this
year
if
I'm
Bob
in
the
position
of
once
the
the
high
part
of
the
state,
has
ruled,
and
then
we
step
forward
and
enforce
and
I'm
sure
that
they
have
weighed
out
the
the
cost
versus
the
gain
of
keeping
these
machines
gleeko
than
how
to
deal
with
them.
In
that
perspective,
so
I
trust
the
court
and
their
decision.
Let.
B
Me
read
a
line
for
the
course
of
opinion
talking
about
states
attempts
to
regulate.
You
know,
state
legislatures,
have
weighed
the
social
cost
of
gambling
against
the
economic
benefits
and
chosen
different
paths,
and
the
other
thing
is
anybody
who
has
gotten
into
the
internet.
Gambling
cafe
business
in
the
last
several
years
you
had
to
look
at
is
potentially
a
seasonal
job,
just
like
working
someplace
for
Christmas,
because
you
knew
what
was
going
on
in
this
state.
B
The
legislature
has
tried
in
06,
08
and
0
10
to
do
something
about
this,
and
you
know
it's
been
appealed
to
the
courts
and
now
quarters
rule
so
I.
Don't
think
it
was
anything
that
anybody
should
have
gone
into
a
couple
years
ago.
Thinking
I'm
going
to
make
a
career
out
of
this,
because
there's
going
to
be
a
continued
attempt
to
do
something
about
it.