On October 9, 2026, the Supreme Court of Pennsylvania denied emergency requests to extend the 120-day stay of its June 15, 2026 decision holding that skill games are slot machines governed by Pennsylvania’s Gaming Act and Crimes Code. In brief, one-page orders that did not explain the Court’s reasoning, the Court declined to push the enforcement date back to February 10, 2027. As a result, the original deadline stands: businesses must remove skill game machines from their establishments by Tuesday, October 13, 2026. Law enforcement may begin acting on the ruling as early as Wednesday, October 14, 2026.
Background
As we reported in our previous alert, the Supreme Court held that a device may involve an element of skill and still qualify as a slot machine under the 2017 amendments to the Gaming Act, which expressly cover both “skill slot machines” and “hybrid slot machines.” The Court stayed enforcement for 120 days to give businesses time to wind down operations and to give the General Assembly an opportunity to consider legislation that would license, tax and regulate the machines.
The Extension Requests
This month, a bipartisan group of state legislators with pending skill game legislation petitioned the Supreme Court to use its emergency powers to extend the stay through February 10, 2027. The legislators argued that compromise legislation was in progress and that seizing machines in the meantime would make implementation of any new law more difficult. A group of social clubs, veterans’ posts, fraternal lodges and volunteer fire organizations that host skill games filed a brief supporting the request, emphasizing their reliance on skill game revenue to fund their operations and charitable work. Pace-O-Matic, a leading skill game manufacturer, and an industry group known as the Skill Games Business Consortium also sought to intervene in support of an extension.
The Pennsylvania Office of Attorney General opposed the requests, arguing that the lawmakers waited too long to seek relief and lacked standing to ask the Court to intervene. The Court denied both the lawmakers’ petition and the charitable organizations’ request.
What Happens Now?
After October 13, 2026, absent last-minute legislative action, there is no longer any safe harbor for unlicensed skill game machines in Pennsylvania. Under current law, only casinos and qualifying truck stops licensed by the Pennsylvania Gaming Control Board may lawfully operate slot machines or video gaming terminals. Operating an unlicensed slot machine is a criminal offense.
The Attorney General and the Pennsylvania State Police have publicly warned that:
- Machines that remain in place after the deadline may be subject to search and seizure.
- Simply unplugging or turning off a machine is not sufficient; the devices must be physically removed from the premises.
- Criminal charges may be pursued, where deemed appropriate, against business owners, as well as vendors, distributors and manufacturers of the machines.
What Should You Be Doing?
Even if the General Assembly enacts a licensing framework, any new law is unlikely to take effect before the October 13, 2026 deadline, and it may not permit machines currently in place to remain or return without new licensing and approvals. Owners and operators of skill game machines, along with host establishments, should:
- Remove the machines now. All skill game devices must be physically removed from the premises before October 14, 2026. Make sure removal is coordinated with the operator or distributor and document the date and manner of removal.
- Review your agreements. Placement, revenue-sharing, route and equipment agreements may address removal obligations, cost allocation, change in law or illegality, and termination. Determine what notice you must give and what liability may arise from ending the arrangement.
- Preserve records. Keep copies of agreements, revenue records and removal documentation in case of future disputes or regulatory inquiries.
- Monitor legislative developments. If legislation passes later this year or next, it may establish a licensing process with specific eligibility requirements, making advance preparation important.
Attorneys in Barley Snyder’s Liquor Law and Litigation groups will continue to monitor legislative developments and are available to help review agreements and leases related to skill game machines and to advise on compliance with the Court’s ruling.
If you have questions about how the Court’s decision or the denial of the extension affects your business, please contact attorneys Katelyn Rohrbaugh Lewis or Curtis Tokach.
