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1994 Arkansas Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagar0067 and id is 1 raw text is: STATE OF ARKANSAS
Office of the Attorney General
Winston Bryant                                                   Telephone:
Attorney General                                                (501) 682-2007
Opinion No. 93-437
January 5, 1994
The Honorable John Parkerson
The Honorable Travis Miles
Co-Chairmen, Casino Gaming Study Subcoitmittee
Joint Interim Committee on Revenue & Taxation
State Capitol, Room 315
Little Rock, AR 72201
Dear Representative Parkerson and Senator Miles:
This is in response to your request, on behalf of the Casino
Gaming Study Subcommittee of the Joint Interim Committee on
Revenue and Taxation, for an opinion as to whether the
following games or gaming devices are permissible under the
Arkansas Constitution:
Poker
Roulette
Dice
Blackjack
Bingo
Video Gaming
Slot Machines
Chuck-a-luck
Your   question  is   posed   in   light  of   the   Arkansas
Constitutional prohibition against lotteries.    Article 19,
Section 14 of the Arkansas Constitution states that [n]o
lottery shall be authorized by this State, nor shall the sale
of lottery tickets be allowed.   The Arkansas Supreme Court
has stated that this section does not invalidate every
statute that makes gambling legal, but forbids only the
legalization of lotteries and the sale of lottery tickets.
Scott v. Dunaway, 228 Ark. 943, 311 S.W.2d 305 (1958). The
court has defined a lottery as a species of gaming, which
may be defined as a scheme for the distribution of prizes by
chnace among persons who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a prize.
Banks v. Harris, 91 Ark. 205, 120 S.W. 979 (1909).
200 Tower Building, 323 Center Street * Little Rock, Arkansas 72201-2610

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