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Proponents of the devices, known as “pre-reveal poker after dark games,” contend that the machines are legal because the computer games include a “preview” feature that advises players of the outcome of the games. But critics, including the Department of Business office of problem gambling and Professional Regulation, say that compulsive gambling disorder doesn’t matter because the “random number generator” used to create the games equates to the definition of slot machines, which are games of “chance,” under state law. There’s nothing players can do to affect the outcome of the game, which fits the definition of slots, department attorney Daniel McGinn told a three-judge panel Tuesday. But Bryan DeMaggio, a lawyer representing Gator Coin, argued that the element of “chance” was removed because players are advised whether they will win before playing. The “randomness” of the game is removed when the player knows the outcome, he said. “He can walk away at any time. He doesn’t have to play,” DeMaggio said. A key issue in the case involves whether the slot-machine law applies to playing a single game or a series of games. While the outcome of the first game is revealed in advance, a player at the outset does not know the results of subsequent games. Judge James Wolf repeatedly asked lawyers on both free gambling sides whether the court should consider whether a single game or a series of games violates the law.

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