AGO 97004.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97004. DATE: January 9, 1997SUBJECT: Operation of Pickle Card Dispensing Devices With Video Display Capability Under the Nebraska Pickle Card Lottery Act, Neb. Rev. Stat. §§ 9-301 to 9-356 (1991 and Cum. Supp. 1996).REQUESTED BY: M. Berri Balka, State Tax CommissionerWRITTEN BY: Don Stenberg, Attorney General L. Jay Bartel, Assistant Attorney General You have requested our opinion as to whether the proposed operation of a form of pickle card dispensing device is authorized under the provisions of the Nebraska Pickle Card Lottery Act, Neb. Rev. Stat. §§ 9-301 to 9-356 (1991 and Cum. Supp. 1996) [the "Act"]. You indicate that the Department's Charitable Gaming Division has been approached regarding a proposal to operate a pickle card dispensing device capable of scanning a bar code on pickle cards to display the contents of a dispensed card on a video screen. Based on the Department's concerns that the video display feature of the proposed pickle card dispensing device may not be permitted under current statutes, you have asked us to address whether the use of such devices would be consistent with the Act. I. Proposed Operation of the Video Display Pickle Card Dispensing Device. While still conceptual in nature, the video display pickle card dispensing device would dispense regularly manufactured pickle cards. The appearance, security features, randomness, and method of play would essentially be the same as for other pickle cards currently being marketed in the state, with one major distinguishing feature. That feature is a bar code placed on the pickle card which the vending device would be capable of scanning as the card is dispensed. The vending device would read the bar code on the outside of each pickle card and, within seconds, display on a video display screen incorporated into the device whether or not the pickle card is a winner and the amount won, prior to the tabs actually being removed by the player. The operation of the device will have no effect on whether a player wins or loses; that determination is ultimately made solely by the pickle card itself. The device will not contain a random number generator, nor will it otherwise generate a pickle card, but will merely dispense pre-manufactured pickle cards upon the insertion of cash into the machine by the player. The pickle card is dropped into a tray for the player to retrieve and remove the tabs contained on the...