V.P. Machines in New York State

[Flash1296]

               Telling the Truth About New York Video Poker
It’s been more than two years since the New York State Lottery introduced “video poker” to its array of video lottery machines at racetracks. These games look and play like the “video poker” games at traditional casinos.

“Video poker” unlike traditional slot machines is not simply a game of chance. “This is because video poker gives a player a chance to use skill instead of just inserting coins and pulling the handle.”1 After being dealt your initial five cards, “you have the opportunity to hold some of the cards and draw to replace the others in an attempt to
effect a winning poker hand (or to improve an existing winner) just as you would do in a live draw poker game.”2 Video poker after the initial draw “is a game of skill on the secondary level. Once a player sees the results of the luck of the deal, there's an element of skill and decision-making before the luck of the draw.”3 In fact, Arkansas has recently authorized the placement of video poker at its pari-mutuel facilities as a game of skill. 4

The determination of whether you win or lose is based on a pay table. The amount of credits or coins you receive determines a player’s strategy and choice of machines.

"The most important factor in a video poker machine is the pay schedule. How much you get for a full house, a flush, a four of a kind. In every category of games there are a number of pay schedules, some looser than others.” 5

So the objective for a video poker player is to look at the pay tables to seek out the best paying machines. The gold standard for video poker games where there are payoffs on hands with a pair of jacks or better is the 9-6 machines. These machines pay off 9 credits for a full house and 6 credits for a flush. Assuming proper strategy, 9-6 machines pay off bettors at a rate of 99.5%.6 If the player also has a frequent player card
(which would get the player extra benefits for wagering with a particular casino), the payback on a 9-6 machine approaches 100%. In short, you can actually play a game at a casino where the odds are not against you. There are also 8-5 machines which pay off slightly lower on at 8 credits on full houses and 5 credits on flushes. 8-5 machines pay back at a rate of 97.3%. 7

These returns to bettors from video poker are somewhat higher than the return to players of traditional slot machines. Traditional slot machines at casinos in the United States tend to pay back bettors at a rate of between 91% and 95% of the amount wagered. In New York State, the video lottery terminals pay back is set at 92%.
                                                 
1
Bill Burton, “Video Poker Pay Tables,” at http://casinogambling.about.com/library ... 011000.htm
last viewed September 29, 2006.
2
Dan Paymar, Video Poker: Optimum Play, (2004) Pg. 3.
3
John Brokopp, “IGT Mimics Live Play with Opponent Poker,” Chicago Sun-Times, July 21, 2006 Pg.
NC 19.
4
Acts 2005, No. 1151, 23-113-201.
5
Bob Dancer quoted in Susan Skorupa, “A High Pair of Video Poker Books,” Reno Gazette-Journal,
March 18, 2003 Pg. 1F
6
See note 1 supra. John Bordsen, “Casino Expert Weighs in with Advice about Where to Go _ and How to
Improve your Chances of Winning,” Charlotte Observer, February 26, 1999.
7 Id. Burton article.

States tend to pay back bettors at a rate of between 91% and 95% of the amount wagered. In New York State, the video lottery terminals pay back at 92%.

While video poker machines at New York racinos are a small percentage of the machines on the racino floor,8 they do seem to be particularly popular.9 A number of the games offered are 9-6 machines. The machines permitted in New York include a multi- game with a 9-6 Jacks or Better game manufactured by International Game Technology
[IGT] and a 9-6 draw poker double double bonus manufactured by Bally’s. The other video poker games permitted in New York appear to be 8-5 games.10

Do the video poker games in New York work in the same fashion as video poker in traditional casinos. There is no indication that they work differently than traditional video poker. Finger Lakes’ website states “There are currently 42 video poker machines available. 25-cent and $1 denominations are available.” 11 Saratoga Gaming and Raceway
states “We offer six different titles of video poker games with a range of denominations on the gaming floor. All games are based on five card draw poker.”12 Monticello states, “If video poker is your game, we have many titles to choose from including...” 13

The problem, however, is that the video poker machines in New York are not traditional video poker machines. They are no different than all the other video lottery machines at New York’s racinos. They work on the same basis as an instant lottery scratch-off ticket. As the New York Court of Appeals stated, that the terminal “receives the next ticket from the site controller and displays the predetermined outcome--win or lose. If the player wins, the VLT will print an "electronically encoded instrument" which can be used to play additional video lottery games or can be redeemed for value.” 14 The Court of Appeals specifically distinguished the approved video lottery games that were electronic instant tickets from disapproved games of which “involved a single player pitting his or her skill against a machine.” 15

The video poker games in New York are simply electronic scratch off tickets in disguise. There is no skill involved in the game. The 9-6 machines don’t return 99.5% of a player’s bets. The 8-5 machines don’t pay back 97.3% of a player’s bets. Instead, they pay back the same 92% as all other video lottery terminals. A player who thinks that he or she has found a great 9-6 video poker machine in New York has simply struck fool’s gold. It’s the same as any other machine in the racino.

Video poker in New York gives players the perception of choice or skill.
However, if the player makes an incorrect choice on a video poker machine in New York (perhaps discarding a royal straight flush) the New York machine will restore the player’s proper winnings. “The game has to make sure you get the result called for on your ‘lottery card.’” 16 This is insured by the use of a bonus feature that restores the player’s
proper winnings on the hand. “If you make a playing decision that costs you the payoff you should have gotten, the lantern or fairy or genie appears to improve your hand and correct your result.” 17

Nobody is saying that video poker, as played in New York, is an unauthorized game. However, what is happening here is that players believe they are playing a game of skill where they have some choice in the outcome of the game. The use of high paying 9-
6 and 8-5 machines gives the players the mistaken belief that they have a relatively decent chance of winning or at least breaking even when they play New York video poker. The system is not geared to advise players of the actual workings of the machine. Many players are being misled. They think they’re playing video poker. They’re getting an instant lottery ticket. It is a flim-flam.

What is particularly appalling here is that it should be fairly easy to remedy the situation. Just put a warning or an advisory with the machines or by the bank of video poker machines. Simply state “Video poker games in New York operate in the same fashion as the other lottery games at the facility. There are no skill elements in this game, and your choice of which cards to retain or discard will not improve your chance of winning. The payoffs in this game are the same as the other games at this facility.”

The failure to be forthright about the playing of video poker in New York helps nobody. There is no reason for state government to be disingenuous about the nature of video poker. The game as currently being operated simply makes the government look like a three card monte dealer. It’s time to tell the truth. 8

14
Dalton v. Pataki, 5 N.Y.3d 243, 262 (N.Y. 2005)
15
Id. at note 9, at 265.
16
John Grochowski, “Shuffling Through Gambling Mailbag,” Gary Post Tribune, September 29, 2006.
17
Id.

Note: The source of this paper is the ALBANY LAW SCHOOL !
To view the original, aim your web browser at:
http://www.albanylaw.edu/media/user/glc ... _in_ny.pdf

[Flash1296]

I handed out almost 100 copies of the paper (posted above) before I was confronted by a gaggle of security officers.

They tried the usual intimidation tactics, demanding my identification, with fictitious laws regarding same. They fetched an on-grounds state police officer (State Lottery Board is the overseer) who seemed to be less than entirely pleased with having to assist in my 86 when he realized what had occurred. Nonetheless he played along and demanded my I.D. also claiming that I had no choice in the matter. I challenged him to arrest me, demanding to know what charges were to be proffered. I was well dressed, sober, polite, etc. and had committed no crimes whatsoever. At the point where he directed me to follow him "to the back" I decided that I will NOT be "backroomed". I said, this has gone on long enough, I am leaving the premises.

Upon leaving, I led a coterie of security, and the State Police Officer, to the parking lot, where they waited with me, until the arrival of my spouse. While waiting (approx. 15 minutes) The officer spoke up and said: "Have I mistreated you?" This was not a response to anything that was said at the time. I replied, "You were not actually intimidating to me, but this overreaction to a minor issue is annoying. I was asked to leave and I responded that I would do so immediately. I was asked for my identification. That was NOT justified." Silence ensued. Upon my wife's appearance, I said "Say nothing." [She has seen me 86'd before.] The cop whipped out his notebook and wrote down the license plates on my wife's car. She was righteously indignant. Angry over " ... having HER privacy violated." I informed her that there is no constitutional 'right' to privacy. I had to reeducate her on the history of people being jailed in order to bring, not their plight, but the larger political / social issue to light. M.L. King, Henry David Thoreau etc. were referenced. She understood, stating, "Yes, now get off your ass and write those letters to the editor."

[Webman]

Removing links to some 3rd party sites (not allowed here) but leaving the original source address.

[pokeherguy]

{3 In fact, Arkansas has recently authorized the placement of video poker at its pari-mutuel facilities as a game of skill. 4 }
 
Yes they did, I live about 45 minutes from what is now called Southland Gaming and they added video poker and video slots in 2006 along with the dog and horse races. All gaming allowed by the Arkansas Gaming Commission must be considered a game of skill. In order to make the video slots legal under the law a slot player gets two spins. After pushing the spin button a player must decide what to hold and spin again. I hate the machines and they have been very unpopular with slot players. My argument about them is they advertise "two spins for the price of one" but if you were to hit a jackpot it only pays half of what the jackpot is at the casinos in Tunica. For example, a  jackpot on a $1.00 Double Diamond at max play ($2.00) will pay $800 at Southland and $1,600 at Tunica.
 
As far as video poker goes at Southland goes I can't complain. When they first opened I did very bad and quit going since Tunica is only about 45 minutes further. A friend talked me into going back one night and I hit a royal flush ($4K, the first I had hit in 3 years and I play all the time). Since that time I have become a regular at Southland Gaming and split my time between them and Grand Casino in Tunica. I have had good luck at Southland playing VP but have noticed one thing that is very odd since they claim that the machines are run by RNG's. I have never been able to improve any full house into quads or convert a flush into a royal. I have converted numerous full houses into quads at Tunica but have never done so at Southland. I really can't judge the flushes because royals are so rare. I have no idea how many full houses I have thrown away at Southland where I recieved 3/Aces with pairs and have never got the fourth Ace. I have been successfull at Tunica many times on this same type of play and most of my royals hit were either a flush or a straight off the draw. I did talk to a lady who was with the Arkansas Gaming Commission about a week ago at Southland Gaming and she assured me the VP was run by RNG's and the payback percentage on the game I was playing ($2.00 Double Double at max play) was 99.3%.

[Webman]

Allow me to also add that while the document you link resides on the Albany Law web server, that does not mean that Albany Law School is the "source of the doument." There are numerous other documents contained within the "glc" user account on that server, most having to do with horse racing, so this is clearly a user account and not a list of documents officially developed by the school.
 
Please be careful in how you attribute your sources as no author for that article was listed. If you have more to add about author or relationship to the school, please feel free to clarify. Thanks.

[macaroo]

 " The Emperor has no clothes on!!!"

[oej719]

Neither do I at the moment.

[macaroo]

 After pondering your lengthly discord, I have the following observations:
 Let me state the I am a regular patron of one of the properties discussed in the Albany Law School .pdf.  I have no doubt that the VP games run by OTB in NYS are a rigged and controlled by a Super Server in Schnectedy headquarters.
 All the management will tell you that the purpose of the gaming properties is entertainment.  Read between the lines, you are going to loses all your money if you play long term.  I like the fact that I live 5 minutes away from my local Racino and can pop in for a hour or two at my leisure without driving hundreds of miles and staying over night.  This alone more than makes up for the fact that I am playing a game with a 92% expected return.  I enjoy playing VP on a daily basis and play to break even.  On those days I walk out with more in my pocket than when I came in, more power to me.  I don't expect to make my living playing VP.  And as with any other form of entertainment, it is going to cost a few bucks.  As far as NYS goes, the state government is the laughing stock of the nation and is no better than a two bit whore standing on a street corner.  Go aheand and ask me what I really think!!!