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While online poker players in Pennsylvania get ready for the end of the PokerStars PA monopoly, those who are not afraid to step into a brick-and-mortar casino are finally able to enjoy some live poker action.

Four brick-and-mortar casinos in the Keystone State decided to re-open their doors to poker players after implementing a number of safety measures to limit the spread of the COVID-19 coronavirus.

Poker is Back at the Rivers Casino Philadelphia

As announced on the casino's official Twitter account, the Rivers Casino Philadelphia restarted its operation on Oct. 23, offering a limited number of games in a COVID-safe environment.

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'We're excited to welcome you back,' a note published on the Rivers Casino website states. 'We worked hard with the Philadelphia's Department of Health and Pennsylvania Gaming Control Board to make sure the poker room remains a safe place for guests and our team members.'

Slot machine license issuance bond requirement. Slot machine license term and renewal. Change in ownership or control of slot machine license and multiple slot machine license prohibition. Employee status report. Notice of employee misconduct and offenses and employee resignations. In November, Commonwealth Court Judge Patricia McCullough opined that the skill gaming machines Pace-O-Matic (POM) of Pennsylvania LLC manufactures meets the definition of slots, but stopped short.

The new measures in place include limited seating per table and also placement of plexiglass partitions in some of the key areas in the poker room.

When it comes to masks, '[they] must be worn all the time,' River Casino indicates. 'Surveillance and security — along with all Rivers Casino Philadelphia personnel — will be monitoring continuously and enforcing full compliance.'

Also, 'hand sanitizer and disinfectant wipes dispensers have been placed throughout the room and at each table.'

For the time being, food consumption and smoking will not be allowed inside the poker room but will be permitted in a designated area 'near the valet entrance.'

Players interested in joining the live games at the Rivers Casino Philadelphia are invited to check availability via the Bravo Poker App and to call the casino to book a seat at the poker table in advance.

DON'T MISS THIS: PokerStars is bringing the EPT online!

Mohegan Sun Pocono 'Laser-Focused' to Prepare a Safe Reopen

The Rivers Casino is not the only establishment to offer live poker games in Pennsylvania right now. The Mohegan Sun Pocono also restarted their poker operations even earlier, on Oct. 16.

We're all-in on safely welcoming you back to our Poker Room tomorrow (10/16) at 12pm! 🤩 pic.twitter.com/t0glGSj2nd

— Mohegan Sun Pocono ☀ (@MSPocono) October 15, 2020

'Over the past few months Mohegan Sun Pocono has been laser-focused on preparing our property for a safe reopen,' said Anthony Carlucci, President & General Manager of MSP.

'With the guidance of industry experts, regulatory agencies, and in closely mirroring the comprehensive protocols put in place by Mohegan Gaming & Entertainment's (MGE) flagship property in Connecticut, we feel we are well-prepared for our doors to open and can't wait to welcome guests to a clean, safe and fun environment.'

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The list of measures adopted by the Mohegan Sun Pocono to limit the risks of exposure to the COVID-19 virus include mandatory use of face masks, temperature check performed at the entrance, and the installation of plexiglass panels in all transactional locations.

'We will be using plastic poker cards that will be replaced every six hours, and used poker cards will be re-inspected and sanitized by our security team each gaming day,' a casino representative explained on Twitter.

'We will also have hand sanitizer available and recommend it being used before and after playing.'

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The Mount Airy and the Meadows are Back in Business

The Mount Airy Casino is also back in business, although in a limited capacity. The casino's poker rooms offer seven-handed games and adopted measures that include the mandatory use of face masks and plexiglass dividers placed on each table.

Likewise, the Meadows Poker Room located just outside Philadelphia is back with 14 tables — all dedicated to cash games.

'While the amenities our customers have come to know and love may be somewhat limited [...], the ability to safely welcome back our team members and guests remain our top priority,' the Meadows explains in a note.

'With this in mind, we have been working closely with the Pennsylvania Gaming Control Board, state and local leaders, and public health officials to finalize comprehensive reopening protocols and new health and safety precautions.

'Our returning team members will be trained on these procedures and our guests will see reminder signage about them throughout the property.'

The new protocols include measures such as mandatory face masks, a ban on smoking inside the casino premises, and the use of a special 'fog machine' to sanitize and disinfect the entire property every night.

For the time being, the Meadows Casino plans to operate at 50 percent capacity and not to run any poker tournaments.

BACK TO THE BASICS: Is online poker legal in Pennsylvania?

888Poker and WSOP.com Coming Soon to PA

Things are changing in Pennsylvania also on the online side of the poker industry, as recent developments suggest that the end of the PokerStars PA monopoly could be very near.

Earlier this month, the Pennsylvania Gaming Control Board approved the application submitted by 888, opening the door to two new PA online poker sites.

Mostly known for their 888poker site, the Israel-based gaming company 888Holdings operates in the United States also as a business-to-business (B2B) entity, with its software powering the WSOP.com poker client.

Following the regulatory approval and the fact that also the owner of WSOP.com - Caesars Interactive Entertainment - holds a Pennsylvania license, we can now expect both brands to enter the market and begin to offer online poker games soon.

This would put an end to the monopoly that PokerStars PA has enjoyed since their launch back in November 2019.

_{Lead image courtesy of the Mohegan Sun - Pocono. Twitter.}

302 Pa. Superior Ct. 350 (1982)

448 A.2d 1077

COMMONWEALTH of Pennsylvania, Appellant,v.ONE ELECTRONIC POKER GAME MACHINE and One Electronic Blackjack Game Machine.COMMONWEALTH of Pennsylvaniav.TWO ELECTRONIC POKER GAME MACHINES and One Electronic Blackjack Machine.Appeal of KING AMUSEMENT COMPANY, INC.

Supreme Court of Pennsylvania.

Argued January 27, 1981.

Filed July 9, 1982.

Petition for Allowance of Appeal Granted September 30 and October 12, 1982.

*351 Richard R. Tomsho, Assistant District Attorney, Allentown, for appellant (at No. 1209) and for appellee (at No. 2134).

William M. Thomas, Allentown, for appellant (at No. 2134) and for One Electronic, appellee (at No. 1209).

Before CAVANAUGH, JOHNSON and LIPEZ, JJ.

*352 CAVANAUGH, Judge:

This case involves two appeals at Nos. 1209 Philadelphia, 1980 and 2134 Philadelphia, 1980, which were consolidated for argument before a panel of this court. We shall dispose of both appeals in this opinion.

IAppeal at No. 1209 Philadelphia, 1980

In January, 1980, the police seized an electronic poker game and an electronic blackjack game located at the Liberty Fire Company Social Club in Allentown, Lehigh County, pursuant to a search warrant. The Commonwealth filed a petition to have the machines forfeited to the state under the authority of The Crimes Code, Act of December 6, 1972, P.L. 1482, No. 334, 18 Pa.C.S.A. § 5513(b).[1] There was no evidence that the machines seized at the Liberty Fire Company Social Club were being used for gambling purposes. The court below found that the machines seized were not gaming devices per se and could be used for amusement purposes, and therefore dismissed the petition. The Commonwealth has appealed to this court from the order of dismissal.

The machines involved in this appeal simulate the games of poker and blackjack. To play a game the player must either insert from one to eight quarters or have accumulated sufficient 'skill points' from previous games. Consideration is required to play the games either in the form of coins or skill points. There are no rewards to the player who wins other than the award of skill points which can be used towards playing future games.

*353 The law is very restrictive as to what type of machine may be forefeited to the Commonwealth under § 5513(b) of The Crimes Code. As pointed out in Nu-Ken Novelty, Inc. v. Heller, 220 Pa.Super. 431, 433, 288 A.2d 919, 920 (1972) unless it is shown that the machines are actually used for gambling then:

the machines cannot be forfeited unless they are so intrinsically connected with gambling as to constitute gaming devices per se. Friedberg Appeal, 208 Pa.Super. 312, 222 A.2d 509 (1966). A machine is a gaming device per se if it can be used for no purpose other than gambling. Friedberg, supra; Commonwealth v. Joyce, 78 York 157 (1965). The mere fact that a machine involves a substantial element of chance is insufficient to condemn it as a gaming device. Wigton's Return, 151 Pa.Super. 337, 30 A.2d 352 (1943).

The sole question before us is whether the electronic poker and blackjack card game machines involved in this case are illegal gaming devices per se. The court below found that they were not, and we agree. The case before us is controlled by the recent Superior Court decision in Commonwealth v. One Electro-Sport Draw Poker Machine, 297 Pa.Super. 54, 443 A.2d 295 (1981) which determined that an electronic poker machine similar to the one used in this case is not a gaming device per se. This court relied on the decision of Nu-Ken Novelty, Inc. v. Heller, supra.

It is clear to us that the gaming devices in this case could be used for entertainment and amusement purposes and for other purposes besides gambling. Certainly, some skill is required in the playing of blackjack and poker. This court pointed out in Commonwealth of Pennsylvania v. One Electro-Sport Draw Poker Machine, supra, 297 Pa.Superior 59, 443 A.2d at 298:

Draw poker involves far more than a mere glance at the faces of cards, whether they appear on pieces of pasteboard, or on a viewing screen. Skill is exercised in choosing which cards to hold, in deciding which to discard, in considering whether to stand pat and in weighing the *354 probabilities of drawing the desired card. It is disingenuous to compare the Draw Poker Machine to a game in which the player merely inserts a coin and waits for bells, bars, cherries, oranges etc., to match up.

The court below aptly pointed out at page 8 of its opinion:

Unlike a slot machine which does operate by pure chance, a knowledge of mathematical probabilities would be an asset in playing either poker or blackjack. To that extent, and for those so inclined, a certain intellectual stimulation can be attained in playing these machines.

We recognize that the Commonwealth Court has reached a conclusion which is diametrically opposed to our own in Commonwealth v. Nine Mills Mechanical Slot Machines, 62 Pa.Commw. 397, 437 A.2d 67 (1981). In that case, The Commonwealth Court found that an electronic draw poker machine is a gambling device per se. The Commonwealth court's opinion is not persuasive in our case for two reasons. First, the Commonwealth Court ignored the requirement that a machine is a gaming device per se only if it can be used for no purpose other than gambling as set forth in Nu-Ken Novelty Company, Inc. v. Heller, supra. Further, the Commonwealth Court found that the machines forfeited were actually used for gambling purposes and the court noted that even if the draw poker machine was not a gambling device per se it would still be subject to confiscation and forfeiture under § 5513(b) of The Crimes Code. In the case before us there was no evidence that the machines were being used for gambling purposes and in the absence of being gaming devices per se they were not subject to forfeiture.

IIAppeal at No. 2134 Philadelphia, 1980

This appeal involves the seizure (and subsequent forfeiture) of two electronic poker game machines and one electronic blackjack machine at the Franklin Social Club in January, 1980. In addition to the machines seized by the *355 police at the Franklin Club, the officers also seized several slips of paper located in the cash box at the club's bar. The court below found that the machines were not gambling devices per se but that they were used for the illegal purpose of gambling. Since the intervenor, The King Amusement Machine Company, Inc., appellant in this appeal, did not produce evidence that the machines were being lawfully used the court below directed forfeiture of the machines.[2]

King Amusement Machine Company, Inc. argues that the Commonwealth did not produce sufficient evidence to demonstrate that the machines that were forfeited were used for gambling purposes. Forfeiture proceedings are in rem and the Commonwealth is not held to the same degree of proof required in a criminal trial. Forfeiture is proper if from the testimony the hearing judge could reasonably infer that the seized property was an integral part of gambling activities. Pannulla v. Rosenberg, 171 Pa.Super. 233, 90 A.2d 267 (1952). The court below had no difficulty in concluding that the six slips seized were tallies of the day's payouts on the various machines. The court noted that the first slip was a list of the amounts of money to be paid for a given number of 'skill points' accumulated on the machines. In the court's opinion there was conclusive evidence that the machines at the Franklin Club were actually used for gambling and we agree.

The appellant has not met its burden of establishing that the machines in question were not used for unlawful purposes. In fact it admits in its brief that it did not 'present affirmative evidence of innocence.' It argues that it is clothed with a presumption of innocence and need not introduce *356 evidence to establish that it was unaware that the machines were being used for unlawful purposes. This argument ignores the statute pertaining to forfeiture which places the burden on the property owner of establishing the innocent use of the machines. The grant of a petition for forfeiture is a matter within the discretion of the court of common pleas and we will reverse only if there has been an abuse of discretion. Commonwealth v. One 1972 Ford Pickup Truck, 49 Pa.Cmwlth. 600, 411 A.2d 892 (1980). See also Commonwealth v. One 1958 Oldsmobile Sedan, 194 Super. 352, 168 A.2d 776 (1961). In the circumstances of this case we find no abuse of discretion.

Orders affirmed.

NOTES

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[1] The Crimes Code, 18 Pa.C.S.A. § 5513(b) provides:

(b) Confiscation of gambling devices. Any gambling device possessed or used in violation of the provisions of subsection (a) of this section shall be seized and forfeited to the Commonwealth. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of intoxicating liquor shall apply to seizures and forfeitures under the provisions of this section.

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[2] The Crimes Code, 18 Pa.C.S.A. § 5513(b) provides that forfeiture proceedings in gambling cases shall be the same as in those involving liquor. The Liquor Code, Act of April 12, 1951, P.L. 90 as amended, 47 P.S. § 6-602(e) deals with forfeiture proceedings and provides:

(e) At the time of said hearing, if the Commonwealth shall produce evidence that the property in question was unlawfully possessed or used, the burden shall be upon the claimant to show (1) that he is the owner of said property, (2) that he lawfully acquired the same, and (3) that it was not unlawfully used or possessed.