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Gaming Machines (Slot Machines)

The sale or even ownership of gaming machines (also known as fruit machines or slot machines) is regulated or forbidden in almost all circumstances, unless the appropriate permit or licence has been obtained from the Gambling Commission. In Ireland, such a certificate must be obtained from the District Court. A licence must then be sought in respect of a gaming machine from the Revenue Commissioners. This is set out in the Gaming and Lotteries Acts, 1956 - 1986. Under the Gambling Act 2005, a gaming machine is defined as a machine which is designed or adapted for use by individuals to gamble (whether or not it can also be used for other purposes).

Therefore eBay will not generally permit the listing of gaming machines on its web site. There are three exceptions to this general prohibition:

  1. No opportunity to win a prize: A machine may be listed on eBay, regardless of its age, if an individual does not, by using the machine, acquire an opportunity to win a prize. Under the Gambling Act, a “prize” includes money, article, right or service won, whether or not it is described as a prize, but does not include an opportunity to play the machine again.

  2. Non-functional gaming machines: Machines that are not and have never been functional but made solely for display may be listed on eBay.

  3. The holder of a current Single-Machine Supply and Maintenance Permitor a Gaming Machine Technical Operating Licence: Any person listing a gaming machine on eBay must hold the necessary permit or licence to sell the gaming machine under the Gambling Act 2005 and must state this clearly in the listing. Any listing must make it clear to all potential bidders that they must ensure that they hold all necessary licences for the use or ownership of the gaming machine.

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