Pennsylvania will begin seizing so-called skill games from October 14, 2026 when they are installed outside authorized casinos and truck stops, after the Supreme Court of Pennsylvania ruled that the machines fall within the legal definition of a slot machine and are subject to the Pennsylvania Race Horse Development and Gaming Act and 18 Pa.C.S. S5513(a) of the Crimes Code.
The Pennsylvania State Police (PSP) warned on September 9 that businesses, bars, restaurants, gas stations, mini-marts, social clubs and other establishments must remove the machines before the end of October 13. Beginning the following day, police may seize machines, redemption terminals and associated cash, while criminal charges may also be filed when appropriate. Simply switching off or unplugging a machine will not be enough if it remains operable.
The action follows the June 15, 2026 ruling written by Justice David N. Wecht, which reversed Commonwealth Court precedents and found that a skill component does not remove the devices from the legal framework governing slot machines. The Court granted a 120-day safe harbor, which expires on October 13.
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Judge Andrew H. Dowling
The litigation dates back to December 9, 2019, when Bureau of Liquor Control Enforcement officers seized three Pace-O-Matic machines, a bag containing US$525, and seven receipts at Champions Sports Bar. In March 2023, Judge Andrew H. Dowling ordered the property returned. The Commonwealth Court upheld that decision on November 30, 2023, before the Pennsylvania Supreme Court overturned the legal basis in 2026.
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Governor Josh Shapiro’s administration estimates that as many as 70,000 machines are operating across Pennsylvania. His regulatory proposal would impose a 52% tax on Gross Terminal Revenue, while Republican Representative Russ Diamond is pushing an alternative 20% rate, with a maximum of five machines per establishment.
The PSP is led by George L. Bivens, Acting Commissioner, while the Pennsylvania Gaming Control Board (PGCB) is chaired by Denise J. Smyler, with Kevin F. O’Toole serving as Executive Director. The PGCB currently regulates 18 casinos, iGaming, sports betting and VGTs, sectors that generated about US$3.1 billion in taxes and fees in FY2025-26.
