Bensalem has become the latest town in Pennsylvania to prohibit the popular skill games. Skill games have come under scrutiny in the last few months because of their similarity to slot machines, and opponents say that skill games should be taxed, similar to slot machines. But it's worth noting that Bensalem is also the town where Parx Casino is located.

The town of Bensalem, home to Parx Casino, the highest-grossing casino in Pennsylvania, has implemented a new ordinance that bans skill games in most local businesses. These machines, which closely resemble traditional slot machines but claim to offer a skill component in their gameplay, have spurred controversy across the state, with critics arguing that they encourage unregulated gambling.

The Bensalem Township Council votes

On Monday night, the Bensalem Township Council, led by Mayor Joseph DiGirolamo, passed the ordinance in a vote that marked a strong stance against skill games, which have proliferated in various businesses across the area. Set to go into effect on November 7, the ordinance outlaws real money gambling on skill games for businesses without liquor licenses, a measure township officials argue is necessary to protect the community from the machines' associated criminal activities.

Skill games, often branded as "Pennsylvania Skill," differ from standard slot machines by requiring players to recognize winning symbol combinations to claim a payout, introducing an element of player control. Supporters of these games argue that this interactive feature places them outside the legal definition of gambling and, therefore, beyond the regulatory scope of the Pennsylvania Gaming Act. State courts have thus far agreed, although the Pennsylvania Supreme Court is currently reviewing lower court rulings on the matter.

The ordinance restricts skill games to businesses holding liquor licenses and mandates that these machines remain in areas monitored by video surveillance and accessible only to individuals over 18. Businesses with no liquor licenses that still offer skill games will face a fine per day of $1,000.

Protecting local revenue and public safety

The ordinance's passage may be seen as aligning with the interests of Parx Casino, which contributes significant revenue to Bensalem Township and Bucks County. As a Category 2 casino - meaning a standalone establishment - Parx remits 2% of its gross revenue from slot machines, table games, and sports betting to the local government. In the 2023-24 fiscal year, this amounted to over $11.7 million, including $7.5 million from slots, $3.9 million from table games, and $337,000 from sports betting.

Parx Casino's opposition to skill games is well-known. In June, Greenwood Gaming and Entertainment, Parx's parent company, announced it would pause plans to build a hotel on the casino property, citing concerns over the proliferation of skill games and their potential impact on future revenue. Marc Oppenheimer, chief marketing officer at Parx, explained, "Until we have greater clarity on (the regulation of skill games), we weren't comfortable making a nine-figure investment." Instead, Parx opted to purchase and refurbish the nearby Inn at Fox Chase.

Bensalem's Public Safety Director, William McVey, voiced concerns over the connection between skill games and criminal incidents in the area. "We've seen a proliferation of these machines in all types of businesses, and we've also seen it welcome a criminal element," McVey stated. Law enforcement has reportedly responded to several incidents related to skill gaming over the past year, strengthening the council's resolve to limit their operation to establishments where alcohol is served, which tend to have stricter age controls and monitoring.

Pushback from skill game developers

Pace-O-Matic, the Georgia-based company that manufactures Pennsylvania Skill machines, expressed disappointment over the Bensalem ordinance. Through a partnership with Miele Manufacturing, a Pennsylvania firm that assembles the machines, POM has become a prominent presence in local businesses, including family-owned stores and social clubs.

"Pennsylvania Skill is alarmed that Bensalem Township would pass a measure that will hurt small family-owned businesses and fraternal clubs that benefit from the supplemental revenue from skill games," said Mike Barley, a spokesperson for POM. Barley added that while the company supports efforts to remove illegal gambling machines from communities, an outright ban on legal skill games does more harm than good.

POM is expected to challenge the ordinance in court, arguing that the restrictions disproportionately benefit Parx Casino and restrict small businesses from generating additional income in a struggling economy.

Statewide trend against skill games

Bensalem's move mirrors recent actions by the Philadelphia City Council, which passed a similar ordinance in February 2024. The increasing regulation of skill games reflects a greater statewide debate over the role and legality of such devices. As the Pennsylvania Supreme Court continues its review of skill game legality under the Pennsylvania Gaming Act, local governments appear to be preemptively limiting these devices' reach.