Proposed Nevada slot regulations won’t ban some cartoon themes

David Strow

Wednesday, Dec. 15, 1999 | 10:43 a.m.

The Nevada Gaming Commission is set to consider Thursday new regulations that could restrict the use of so-called "child-friendly" themes from slot machines across the state.

But the draft regulations being presented to the commission contain key exceptions that would allow many controversial themes to remain on casino floors.

The commission will not vote on the new regulations Thursday -- rather, it will attempt to hammer out a final regulation that could be voted on at a later date.

As late as last month, the state Gaming Control Board was considering a blanket ban on the use of all cartoons on slots. But board member Dennis Neilander, who is overseeing the drafting of the new regulations, later decided to back away from that ban, calling it overbroad.

Now, the Control Board is gearing on product ratings as a means for determining which games should be kept off the market. A rejection of any game under the new regulations could be appealed to the Nevada Gaming Commission.

Games that have already been approved by state regulators would not be affected by the new regulations.

Board officials, however, cautioned that the regulations could still undergo last minute changes before Thursday's meeting.

"This is a very dynamic regulation," said Greg Gail, chief of the control board's audit division, who helped draft the new amendments. "There may be new (amendments) handed out at the meeting."

A draft of the new regulations obtained by the Las Vegas Sun on Tuesday would ban slot machines that are based on a television program with a rating of "TV-PG" or below, movies with ratings of "PG" or below, and video games with a "T" rating (teenagers) or below. Slots based on TV game shows would be exempt.

Ironically, that would allow slot maker International Game Technology to move forward with slot machine "South Park" -- one of the new games seen as triggering the new regulations -- because the TV show carries a rating of "TV-M," or mature audiences only.

Board games "suitable only for players under 21 years of age" and books and magazines defined as juvenile or children's literature would also be barred.

But there's a significant catch -- the draft regulations don't cover any TV show or movie theme that was first originated more than 21 years before the slot machine was submitted for approval.

This would permit the submission of slots such as "The Pink Panther," since the cartoon was created well over 20 years ago.

However, the Control Board will retain discretion to keep games off the market, even if the game meets the above standards. Under new regulations, the Control Board chairman could reject any game "currently and primarily intended, marketed and used by persons under 21 years of age," or "otherwise contrary to the public policy of the state or would constitute an unsuitable method of operation."

The draft regulation also contains a clause allowing the board to restrict the times and places where themed slots could be used. This would permit the board to allow a cartoon-themed slot to be used in casinos, for example, but not convenience stores.

The new amendments come in the wake of plans by Sen. John McCain, R-Ariz., to investigate the slot manufacturing industry for the use of such themes in their products.

As rhetoric heats up over the issue, officials say they're already working to keep the issue from going beyond the investigation phase. Gaming industry officials have steadfastly argued that the issue is being dealt with effectively by the Gaming Control Board, and that gaming regulation should remain with the states.

"I don't think that it's guaranteed that there will be hearings on this," Sen. Richard Bryan, D-Nev., said Tuesday. "I will talk to (McCain) about that."

Bryan is a member of the Senate Commerce Committee, which will handle the investigation.

Frank Fahrenkopf, president of the American Gaming Association, told attendees of the Governor's Conference on Travel and Tourism on Tuesday that he was cooperating with McCain's office in scheduling interviews with gaming officials in Nevada.

But he remained adamant that federal involvement isn't necessary.

"Children today don't even know who 'I Dream of Jeannie' is!" said Fahrenkopf, referring to a slot machine based on the 1960s TV show. "Give me a break."

In an interview on national television Sunday, McCain expressed deep concern over the issue -- but hinted he's not yet convinced new federal laws are necessary.

"The gaming industry is now putting cartoons on slot machines ... what's that all about?" McCain told Fox News. "You know, let's not try to entice young children to be involved, to make this ... serious issue more attractive yet to young children.

"But I'm not advocating any censorship of them. I hope they'll show good sense."