The message on the screen in a Springfield gas station teased would-be players with the chance to win.
Torch Electronics, LLC, has sent a letter to customers laying out that its video-lottery terminals (VLT) are not in violation of the VLT ban passed by the Springfield City Council Feb. 12, according to a letter obtained by the Hauxeda.
“This establishment is not in violation of the new ordinance,” the letter reads. “The devices are placed at this establishment under a license agreement by which Torch Electronics, LLC is given space to place, maintain, and operate the amusement devices.”
Machines were still powered, though no one was playing, when a Daily Citizen reporter observed them inside a Springfield convenience store Thursday morning. It's not illegal to simply power a device under the VLT ban, but it is illegal to offer monetary prizes.
“This establishment does not maintain or offer the devices for use and, therefore, is not the proper party to address concerns,” the letter reads. “Torch Electronics is available to discuss the devices and any concerns you may have, including the reasons its devices are not covered by the ordinance.”
Torch Electronics is represented in the letter by Jefferson City-based Stinson, LLP, with attorneys Charles W. Hatfield and Gunnar T. Johanson signing the letter. The attorneys who signed the letter also claim that the VLT ban is not enforceable at this time because it is not effective.
“Per the Charter of the City of Springfield, Section 78-10 is not effective until March 13, 2024, thirty days after its passage,” the letter reads. “Until that date, you have no authority to enforce its provisions. Any action taken by you will be challenged in the Circuit Court of Greene County, Missouri and all relief available will be pursued.”
Section 2.12 of the Springfield City Charter, as referenced by Torch's attorneys, reads in part, “Unless otherwise specified, every ordinance shall become effective thirty (30) days after its final passage.”
Section 4 of Springfield's new VLT ordinance reads “This Ordinance shall be in full force and effect from and after passage.” The ordinance was passed Feb. 12.
Springfield Director of Public Information Cora Scott said the ordinance was effective from the moment it was adopted.
“City Council has the authority to make ordinances effective immediately upon passage,” Scott said. “They chose to do that for this purpose.”
Following the ban, some Springfield businesses got visits from police officers.
“Springfield Police began an education and notification process Tuesday, Feb. 13, 2024, and has now begun multiple investigations regarding violations of the ordinance,” Scott said. “We are confident that the carefully researched and written ordinance does what we need it to do and complies with state law.”
Editor's note: This story was updated after publication to reflect a statement the Hauxeda received from the City of Springfield.
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