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CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 1 of 212
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
T. J. SURGEN, et al. ) Case No.: CV-2016-04-1797
Plaintiffs ) JUDGE ALISON MCCARTY
V.
SPRINGFIELD TOWNSHIP BOARD OF
TRUSTEES, et al.
Defendants
RECORD OF PROCEEDINGS
PART FOUR OF SIX
Sandra Kurt, Summit County Clerk of Courts
Cn 04-1797 TRPO 05/17/2016 15:06:37 PM MCCARTY, ALISON Rage 2 of 212
Guy Gorman, vouch
Pierce, Vuillernin &
LoCascio
rneys At Law
DONALD J. MALARCIK
March 26, 2015
Patricia Ryan
Administrator
Zoning Planning and Economic Development
Springfield Township
2459 Canfield Rd.
Akron, Ohio 44312
prvan@springfieldtownship.us
Re: 1705 Massillon Rd., Akron, Ohio 44312
Dear Ms. Ryan:
rday, [am enclosing a copy of a report from
Pursuant to our telephone conversation yeste tion at 1705
acertified testing laboratory for the entertainment di levice mac! hines currently in opera
sterday, 1705 Massillon Road continues to be owned
Massillon Road. As I stated on the phone ye:
a. et-Winns- Café, LLC-dba Massillon Road Internet,
and operated by its previowt owner intern
n has owned and operated an entertainment
Connection and Mr. T.J. Surgen. Because Mr. Surge
arcade at this same location since prio: r to 2011,
there is no need to request a substitution
device
e machines currently operated at 1705 Massillon
of non-conforming use. The entertainment devic machines meet the
sly operated there. Both
Road ate legally identical to the machines previou
forth in Summit County Ordinance 755.02(b).
definition of a entertainment device machine set
regarding any of these matters, please
If you have any questions, comments or concerns
don’t hesitate to contact me.
Very truly yours, a
2aed
Donald
Attorney at
DIM/b
ce: Attorney Irv Sugerman
ibsugerman@brouse.com
|
i » phone 330.253.0785 » fax 330.263 7432 » www.gmpviaw.com
ha Aaltin Dutiding 9 RAE Mill Street » Suita 400 » Akron, OH 44308
Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 3 of 212
» “fnhe begtognee 17!
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Nick Farley & Associates
6401 Davis Industrial Parkway
Suite A
Solon, Oltia 44339
(440) 914-TEST (8378)
ww.nfa777.com
August 1, 2014
Mr, Kurt O. Gearhiser
The Gearhiser Law Fizm, Inc.
520 East Rich Street
Columbus, Ohio 43215-4360
Re: Report ou the review and analysis of the Cutting EDGE NexPl. fay System version ARC
403,53 NXP developed by Pace-O-Matic, Inc,
Dear Mr. Gearhiser:
By request received April 21, 2014 and subseqnent information received through May 28,
2014, Nick Farley & Associates, Inc. has couducted a review and examination of the Cutting -
EDGE NexPlay System version ARC 403.53 NXP developed by Pace-O-Matic, Inc, Our
review and examination has been undertaken on behalf of the Gearhiser Law Fim, Inc. for
the benefit of Pace-O-Matic, Inc. This document will be divided into sections representing
the various stages of review and analysis conducted,
Section I-- System Components
The Custing EDGE NexPlay System version ARC 403.53 NXP reviewed consisted of the
following components:
Component Name Version
Cutting EDGE NexPlay System ARC 403.53 NXP.
The Cutting EDGE NexPlay System version ARC 403.53 NXP is a single machine that offers
different game themes that a player may select to play. The Cutting EDGE NexPlav System
contains a touch screen display that is used to navigate through the system. A player inserts
money into the Cutting EDGE NexPley System through a bill acceptor located on the front of
the cabinet. The bill acceptor accepts U.S. notes of varying denominations. Bills inserted are
displayed on the video screen as “Points” available for game play purchase, where one
“Point” equals one cent. Upon inserting bills into the. bill acceptor, the video screen will
display a “Legal Agreement” which the player amst acknowledge by pressing the “OK”
button on the video screen before being able to play the available game themes,
Mick Farley & Assoctttes
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Sandra Kurt, Summit County Clerk of Courts
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.
' Pace O Matic - Cuffiug EDGE NexPlay System version ARC 403,53 NXP —Kort Q. Gearhiser
August 1, 2014
Page 2 of 13
Section II - General Information
The Cutting EDGE NexPlay System offers eight (8) different game themes. These game
themés are identified as follows:
i American Prize 22. Hi-Way 50's Drive-In
3 Bandito Brothers 4. Kickers
5. Bombs and Bombshells 6. Lucky Eddie
2. Cocktail Cove 8. Space Station 7
Game play begins with the player selecting an available game theme and one of the play
levels from which to participate. A player may change their desized play level at any time
prior fo engaging in game play. Each game theme contains a “Next Play” feature which
allows the player to view the very next gate outcome by pressing the “Next Play” icon on
the video screen at any given time prior to the initiation of a game. If the player fails to, or
chooses not to, select the “Next Play” button, then the preview for the next game outcome
will not be displayed to the player, and the player may proceed to play the game withont
knowing the game outcome in advance. No payment or purchase is required for the player to
exercise the ability to cause the electronic system to disclose the next game outcome for the
game theme and play level selected. The player can then touch the “PLAY” icon on the
video screen or press the “PLAY” button on the cabinet’s exterior to initiate a game.
Each game theme on the Cutting EDGE NexPlay System_contains_finite_pools—of game.
outcomes for each game theme and play level. The game outcomes that are played from the
finite pools are played without replacement until the entire pool has been exhausted.
The pools are structured such that all prizes that are advertised are included in the pool.
Depending on the game theme and play level selected, the Cutting Edge NexPlay System will
randomly select one (1) game outcome per line from the finite pools. For example, for a
game thenie that features twenty five (25) possible win lines, the RNG selects cwenty five
(25) game outcomes from the finite pools for that particular game theme.
The Cutting EDGE NexPlay System makes use of a random number generator (RNG) when
selecting the game outcomes from the finite pools of available game outcomes. As the game
outcomes are used, the RNG continues to select the next game outcome ensuring that there is
always a next game outcome for the player to view. After each game outcome is used, the
“Next Play” game outcome becomes the current game outcome, and a new “Next Play” game
outcome is selected and available to be viewed by the player. Thus each game outcome will
have a “Next Play” garie ontcome ready to replace the current game outcome that is used by
the player.
The Cuiting EDGE NexPlay System version ARC 403.53 NXP contains a Master, Slave, and
Stand Alone configurations. While setup in the Master configuration, the machine will
operate as a master and will contain the pools of outcomes that will be used. ‘he machine
designated as the Master will be networked to other Curling EDGE NexPlay version ARC
wo Nick Farley & Associates
Syn fa777.com
Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 5 of 212
'
. Pace O Matic - Cutting EDGE NexPlay Sysiem version ARC 403.533 NXP —Kart ©. Geachiser
Avgust 1, 2014
Page 3 of 13
403.53 NXP machines which will be setup in the Slave configuration. While a machine is
setup in the Stave configuration, the Slave machine will use the game outcome from the finite
pools that are assigned to the machine that is designated as the Master.
When setup in the Stand Alone contigwation, the machine will operate independently and
operate as a standalone machine. Each Cutting EDGE NexPlay System configured as a Stand
Alone machine has its own dedicated pools of outcomes assigned to it. When viewing game
outcomes, players are viewing the next game outcome from the finite pools that are assigned
to the Cutting EDGH NexPlay System terminal they are currently using. Should the player
redeem their points from the Cutting EDGE NexPlay System terminal and insert money to
play on a different Cutting EDGE NexPlay System terminal, then the player will be availed to
a different game outcome which is dedicated to that terminal. Upon the pools reaching
exhaustion, the system will then refill the exhausted pools and continue to deliver game
outcomes,
Upon selection of the game theme and play level, which will detenuine how many points will
be expended, the next game outcome can be displayed by pressing the “Next Play” icon on
the screen, The next game outcome will be displayed in advance of committing any points.
The player can then choose to either play for the ontcome displayed or exit the game.
Depending on the selected game theme, the “Next Play” feature can be displayed to the
player differently. A player is not required to exhaust all of their points at once or on the
same game theme. ‘he gare themes that are available on the Cutting EDGE NexPlay
a.
‘Sustem
are covered in more detailin Section Il = Game Specific Information.
Hach game theme includes a Help feature, Activating the Help feature within a game theme
produces a screen which firnishes explanations and the pay tables for the active game theme.
All prizes won are displayed as “Win” and added to the “POINTS” available for additional
game play purchases. The player may redeem accumulated “POINTS” after each game play.
Redemption of “POINTS” is accomplished by simply pressing the “PRINT TICKET” button,
or touching the “PRINT TICKET™ icon on the video screen. All accnmulated “POINTS”
vill be issued on a printed ticket showing a monetary value, with each “POINT” equivalent
to one ceut. The printed ticket may be presented to the local venue operator for redemption.
Section UI - Game Specific Information
Nick Farley & Associates, Inc, bas evaluated each of the eight (8) game themes offered by
the Cutting EDGE NexPlay System version ARC 403.53 NXP. Bach theme affords a player
an. opportunity to select options that determine the mmber of points to be expended per play,
and allows the player to view the “Next Play” game outcome. ‘The game theme and play
level will determine the specific finite pool fram which game ontcomes will be selected.
Game Themes
The eight (8) game themes that are available on the Cutting EDGE NexPlay Spstem version
ARC 403.53 NXP are described below:
Nick Fariey & Associates
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Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 6 of 212
“eé
1 ' Pace O Matic - Cutting EDGE NexPlay Sestem version ARC 403.53 NXP — Kurt O. Gearhiser
Angust 1, 2014
Page 4 of 13
American Prize (1 Line)
The dinerican Prize game theme is based primarily upon patriotic symbols. The game theme
presents three (3) reels, each reel presenting three (3) symbols to the player. The game
theme
allows the player to select a play level, which determines the quantity of points that
will be
expended to play a game. The possible play levels available for the game theme
are 25, 50,
78, 100, 200, 400, 300, 1.000, 1,500, and 2,000 points per play.
The dmericon Prize game theme contains a bonns game. When the bonus
symbols are
aligned on the pay line, the player is granted twelve (12) free spins which will play
automatically.
The American Prize game contains a “Next Play” feature which will allow the player
to view
the next game outcome based upon the play level that the player has selected,
before
committing points to play the game. The “Next Play” feature will present the player
with on
alternate display which will temporarily show the next game outcome. The
“Next Play”
feature displays the total win amount of the up coming game outcome. The player actions
with the game theme have no control over the game ontcome.
Bandito Brothers (25 Line}
The Bandito Brothers game theme is based primarily upon Mexican / Western
themed
symbols. The Bandito Brothers game theme presents five (5) reels, each reel presenti
ng three
(3) symbols to the player. The game theme allows the player to select a play tevel,
which
determines the quantity of points that will be expended to play a game, The
possible play
levels for the game themes are 25, 50, 75. 100, 200. 300, 400, 500,
1,000, 1,500, and 2,000
points per play.
The Bandito Brothers game theme contains a bonus game. ‘To enter the bonus game,
four (4)
bonus symbols must be present on a pay line. The bonns game presents the player
with a
“Wanted Poster” theme. When the bouns game is initiated, the player will be tasked
with
selecting from a list of Wanted Posters which, upon selection, will display
the amount that
will be awarded. The player will have thirty (30) seconds to select from the available
Wanted
Posters. Should the player fail to select any Wanted Posters within the allotted time,
then the
system will proceed and automatically award the fail win amount of the game
outcome to the
player, The bonus game is merely an entertaining display and the player's actions
with the
game theme have no control over the game outcome.
The Bandito Brothers game theme also offers a free spin bonus to the player.
For the free
spin bonus to be initiated there must be four (4) free spin bonus symbols aligned
on a pay
line. When the free spin bonus is initiated, the Player is granted twelve (12)
free spins which
will play automaticaily,
The Bandito Brothers game theme contains a “Next Play” feature which will allow
the player
to view the next game outcome based upon the play level that the player has
selected, before
conunitting points to play the game. The “Next Play” feature will present the
player with an
altemate display which will temporarily show the next faine outcome on the reels and
display
Nick Farley & Associates
wyryw.nfa777.com
Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 7 of 212
— Kart 0. Gearbiser
Pace O Matic - Cutting EDGE NexPlay System version ARC 403,53 NXP
Apgust 1, 2014
Page 5 of 3
the win amount in text form on the screen, The player actions with the game theme have no
control over the game outcome.
Bombs and Bembshells (8 Line)
The Bombs and Bombshells game theme is based primarily upon military themed symbols.
The Bombs and Bombshells game theme presents nine (9) symbols, constructed in a 3x3
attay to the player, The game theme allows the player to select a play level, which
determines the quantity of points that will be expended to play a game. The possible play
Jevels that are available for the game theme are 40, 80, 120, 160, 200, 400, 800, 1,200, 1,600,
and 2,000 points per play.
The Bobs and Bombshells game theme contains a bonus game. To enter the bonus game,
four (4) bonus symbols must be present on the 3x3 array. The bonus game is based upon a
war scene. The player is prosented with a cannon which will fire upon tonching the screen.
Military icons (ships, tanks, helicopters, planes, etc.) will appear on the screen. The object of
the bonus game is to destroy as many military icons within the allotted time of thirty (30)
seconds. There is a prize associated with each military icon. A listing of all the military
icons that may appear during the course of the bonus game, and their associated prize
amount, is displayed along the bottom of the screen for the entire duration of the bonus game.
A iunning record of the desiroyed military icons will also be tracked along the bottom of the
—_. screen. Should the player fail to destroy any of the war icons that appear on the bonus screen
then the system will proceed and antomatically award the fall amount of the game onfcome to
the player. The bonus game is merely an entertaining display and the player’s actions with
the game theme have no control over the game outcome.
The Bombs and Bombshells game theme contains a “Next Play” feature which will allow the
player to view the next game outcome based upon the play level that the player has selected,
before committing points to play the game. The “Next Play” feature will present the player
with an alternate display which will temporarily show the next game outcome on the 3x3
uray and display the win amount in text form on the screen. The player actions with the
game theme have no conirol over the game outcome.
Cocktail Cove
The Cocktail Cove game theme is based primarily upon a tropical theme. The Cocktail Cove
game theme presenis nine (9) symbols, constructed in a 3x3 grid to the player. The game
theme allows the player to select a play level, which determines the quantity of points that
will be expended to play a game. The possible play levels that are available for the game
theme are 40, 80, 120. 160, 200, 400, 800, 1,200, 1,600, and 2,000 points per play.
The Cocktail Cove game theme contains a bonus game. To enter the bonms game, four (4)
bonus symbols must be present on the 3x3 grid. The bonus game is based on a under the sea
theme. The player is presented with a square area which will be used to aim. Fish icons
(fish, eel. turtles, etc.) will appear on the screen. The object of the bonus game is to aim and
take pictures of the fish icons that appear on the screen. The player nrust aim and click on the
ick Farley & Associates
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Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 8 of 212
Pace Q Matic - Cuiting EDGE NexPlay System version ARC 403.53 NXP — Kant O, Gearhiser
August 1, 2014
Page 6 of 13
fish icons that appear on the screen. Upon initializing the bonus game by touching the
screen, the player will be presented with a battery gauge which will be used as the time limit
for the bonus game. The battery gauge provided equates to an allotted time of thirty (30)
seconds. There is a prize associated with each fish icon. A listing of all the fish icons that
may appear during the course of the bonus game, and their associated prize amount, is
displayed along the tight side of the screen for the entire duration of the bonus game. Should
the player fail to take any pictures of the fish icons that appear on the bonus screen, then the
player will receive the total possible win amount of points available. The bonus game is
merely au entertaining display and the player's actions with the game theme have no control
over the game outcome.
The Cocktail Cove game theme contains a “Next Play” feature which will allow the player to
view the next game outcome based upon the play level that the player has selected, before
committing points to play the game. The “Next Play” feature will present the player with an
alternate display which will temporarily show the next game outcome on the 3x3 grid. The
“Next Play” feature displays the total win amount of the upcoming game outcomé. The
player actions with the game theme have no control over the game outcome.
Ei-Way 56's Drive In (25 Line)
The Hi-Way 50’s Drive-In game theme is based primarily upon 1950’s themed symbols. The
Hi-Way 50’s Drive-In game theme presents five (5) reels, each reel presenting three (3)
symbols to the player. The game theme allows the player to select a play level, which
determines the quantity of points that will be expended to play a game. The possible play
levels for the game themes are 25, 50, 100, 200, 400, 500. 1,000, 1,500. and 2,000 points per
.
play.
‘The Hi-Way 50's Drive-In game theme contains a bonus game. To enter the bonus game,
four (4) bonus symbols must be present on a pay line. The bonus game presents the player
with a 1950°s movie theater theme. When the bonus game is initiated, the player will be
tasked with velecting from a list of movie names which, upon selection, will display the
amount that will be awarded. The player will have thirty (30) secands to select from the
available movie names. Shonld the player fail to select any movie names within the allotted
time, then the system will proceed and automatically award the full amount of the game
outcome to the player.. The bonus game is merely an entertaining display and the player's
actions with the game theme lave no control over the game outcome.
The Hi-Way 50’s Drive-Jn game theme also offers a free spin bonus to the player. For the
free spin bonus to be initiated there must be four (4) free spin bonus symbols aligned on a pay
line. When the free spin bonus is initiated, the player is granted twelve (12) free spins which
will play automatically.
The Hi-Way 50’s Drive-in game theme contains a “Next Play” feature which will allow the
player to view the next game outcome based upon the play level that the player has selected,
before committing points te play the game. The “Next Play” feature will present the player
with an alternate display which will renporarily show the next game outcome on the reels
Nick Farley & Associates
WF Wn fa 77.com
Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 9 of 212
lay S¥ este version ARC 403,53 NXP
— Kurt 0. Gearhiser
Pace O Matic - Cuiting EDGE NexP August 1, 2014
Page 7 of 13
with the game
form on the screen, The player actions
and display the win amount in text
e outcome.
theme have no control over the gam
Bickers (Keno) presents the player
style gaine theme. The game theme
‘The Kickers game theme is a Keno of two (2) numbers
whi ch is us ed to allow the player to pick a minimum
o f 1-80. The player also has the
with a Keu o card
ad a maximum of up to ten (10) numbers from a tange on the Keno card,
automatically select ten (10) }) numbers
option to select “Auto” which will determines the quantity
e the me also allo w: $ the player to select a play level, vhich
This gam are available
will be exp end ed to play a game . Play levels for the game theme
of points that
and 500 points per play.
at 25, 50, 75, 100, 200, 300, 40 0, player receive the
s gam e the me cont ains a “Kicker Ball” bonus. Should the
The Kic ker The bonus
bon us, a “Wh eel o! £ Fortune ” style bonus wheel will be displ: layed.
“Ricker Ball” number that is chosen
on the wheel. Depending on! he
wheel will spin and choose amu wn ‘ber
on the wheel, the game outcome W!
{ll be multiplied by that number.
allow the player to view
s gam e the me co! atain s a “Next Play” fe ature which will
The Kic ker the player has
e out com e base d upon the mumaber of pi cks and play level that
the next gam the game. The “Next Play” feature will pres
ent the
com mit tin g po ints to play
selected, before oufcome. The
will temporarily § chow the next game
player with an alternate display which game outc ome. The
l win amount 0: f the upcoming
“Next Play” feature displays the tota game-ontcome.
me raver no-controtover-tbe
player actions with the game the
Lucky Eadie (5 Line) is based primarily on a doe theme.
The Lucky Eddie game
The Lucky Eddie game theme ols to the player. The game
reel presenting three (3) symb
theme presents three (G3) ree! Js, each quantity of points that
ws the play er to sele ct play level, whi ich determines the
me allo for the game
the
end ed to play 4 game . The possible p! lay levels that are available
will be exp s per play.
500, 1,000, 1,500, and 2,000 point
theme are 25, 50, 100, 200. 400,
s symbols are
Edd ie gam e the me cont ains & bonus &Fame, When three G) bonu
The Lucky s game presents
aligned on a pay line he player
is present sed with a bonus game. The bonu
ces to select prizes,
with five (4) buri ed trea sure icons where the player has choi
the play er er will have
sele ctio n wi i disp lay the amout ! nt that will be awarde: d. The play
which upon Should the player fail to
the five (5) buried treasure icons.
thirty (30) seconds to select from allotted time, then the
of the buri ed { trea sure icon s located on the sc yeen within the
select any outcome io the
pro cee d aii d auto mati call y award the full au ount of the game
system. will er’s actions with the
an enter! taining display and the play
player. The bons game is merely
gaine outcome.
game theme have no CoH strol over the
For the free spin
Edd ia gam e the me also offers a free spin bonus to the player.
The Lucky aligned on a pay line.
be three (3) free spin b onus symbols
bouus to be initiate d there must (12) free spins which will
n. the free spin bou us 1s init iated the player is grante d twelve
Whe
play automatically.
Nick Farley & Associates
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Ser ena 777M
Sandra Kurt, Summit County Clerk of Courts
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 10 of 212
NAP —Kurt O. Gearhiser
- Cutt ing EDG E Nex Pla y Systent version ARC 403.53
Pace O Mati c August 1, 2014
Page 8 of 13
ure which will allow the play
er to
Edd ie gam e the me contains a “Next Play” feat , befo re
The Lucky upo n the play level that the pla yer
has sele cted
e out com e bas ed et with an
Play” feature wil 11 present the play
view the next gam
y the gam e. The “ye xt y
committing points to pla sho’ ww the next gaie outcome On the reels and displa
tem por ari ly
alternate display which will en. The player actions with the
gan e theme have na
in (ext form m on the scre
the win amount
control over the game outcome.
Space Station 7 (2: 5 Line) fiction outer space themed
gam e the me is ba sed primarily upon science
The Spa ce Stat ion 7
theme presents five (5) reel
s, each reel presenting three
tion 7 gam e
ols. The Spa ce ‘Sta a play level, which
yer. The gam e the me allows the player to select
(3) symbols to the . pla me. The possible play
of poi nts that will be expended to play aga
determ ine s the qua nti 400, 500, 1,000, 1,500,
ave ava ila ble for the gam e theme are 25, 50, 100, 2 00,
jevels that
2,900 points per play.
, four 4)
e the me co: ntai ns a bon us game. To entel zc the bonus game
The Space Station 7 gam the reels. The bonus game pres
ents the player with a
mus t be pres ent ol
bonus sym bol s is initiated, the player
ce the med ches t bon us game. when the bonus game
science fiction spa t, a thirty (30)
e 6) ches ts to cho ose from. Upon selection 0 fa ches
will be availed to fiv select from
Ler will appeai rc. The player
wil 1 have thirty (30) seconds to
second cou nt dow n tims unt that will be awarded.
w ich upo n selecti ion will display the amo
the remain ing che sts timed, then the system
tte will
Should the player fail to se
lect any Chie ig-within-the-allo e out com e to the play er. The
nati call y awa rd the full amo unt of the gam the me
proceed and autom dis pla y and the p! Jayer’s actions wil ith the game
merel ly an ent ert ain ing
bonus game is
outcome.
have no control over the game
Preview
CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 1 of 212 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO T. J. SURGEN, et al. ) Case No.: CV-2016-04-1797 Plaintiffs ) JUDGE ALISON MCCARTY V. SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES, et al. Defendants RECORD OF PROCEEDINGS PART FOUR OF SIX Sandra Kurt, Summit County Clerk of Courts Cn 04-1797 TRPO 05/17/2016 15:06:37 PM MCCARTY, ALISON Rage 2 of 212 Guy Gorman, vouch Pierce, Vuillernin & LoCascio rneys At Law DONALD J. MALARCIK March 26, 2015 Patricia Ryan Administrator Zoning Planning and Economic Development Springfield Township 2459 Canfield Rd. Akron, Ohio 44312 prvan@springfieldtownship.us Re: 1705 Massillon Rd., Akron, Ohio 44312 Dear Ms. Ryan: rday, [am enclosing a copy of a report from Pursuant to our telephone conversation yeste tion at 1705 acertified testing laboratory for the entertainment di levice mac! hines currently in opera sterday, 1705 Massillon Road continues to be owned Massillon Road. As I stated on the phone ye: a. et-Winns- Café, LLC-dba Massillon Road Internet, and operated by its previowt owner intern n has owned and operated an entertainment Connection and Mr. T.J. Surgen. Because Mr. Surge arcade at this same location since prio: r to 2011, there is no need to request a substitution device e machines currently operated at 1705 Massillon of non-conforming use. The entertainment devic machines meet the sly operated there. Both Road ate legally identical to the machines previou forth in Summit County Ordinance 755.02(b). definition of a entertainment device machine set regarding any of these matters, please If you have any questions, comments or concerns don’t hesitate to contact me. Very truly yours, a 2aed Donald Attorney at DIM/b ce: Attorney Irv Sugerman ibsugerman@brouse.com | i » phone 330.253.0785 » fax 330.263 7432 » www.gmpviaw.com ha Aaltin Dutiding 9 RAE Mill Street » Suita 400 » Akron, OH 44308 Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 3 of 212 » “fnhe begtognee 17! ' “¢ i ome Ee il Nick Farley & Associates 6401 Davis Industrial Parkway Suite A Solon, Oltia 44339 (440) 914-TEST (8378) ww.nfa777.com August 1, 2014 Mr, Kurt O. Gearhiser The Gearhiser Law Fizm, Inc. 520 East Rich Street Columbus, Ohio 43215-4360 Re: Report ou the review and analysis of the Cutting EDGE NexPl. fay System version ARC 403,53 NXP developed by Pace-O-Matic, Inc, Dear Mr. Gearhiser: By request received April 21, 2014 and subseqnent information received through May 28, 2014, Nick Farley & Associates, Inc. has couducted a review and examination of the Cutting - EDGE NexPlay System version ARC 403.53 NXP developed by Pace-O-Matic, Inc, Our review and examination has been undertaken on behalf of the Gearhiser Law Fim, Inc. for the benefit of Pace-O-Matic, Inc. This document will be divided into sections representing the various stages of review and analysis conducted, Section I-- System Components The Custing EDGE NexPlay System version ARC 403.53 NXP reviewed consisted of the following components: Component Name Version Cutting EDGE NexPlay System ARC 403.53 NXP. The Cutting EDGE NexPlay System version ARC 403.53 NXP is a single machine that offers different game themes that a player may select to play. The Cutting EDGE NexPlav System contains a touch screen display that is used to navigate through the system. A player inserts money into the Cutting EDGE NexPley System through a bill acceptor located on the front of the cabinet. The bill acceptor accepts U.S. notes of varying denominations. Bills inserted are displayed on the video screen as “Points” available for game play purchase, where one “Point” equals one cent. Upon inserting bills into the. bill acceptor, the video screen will display a “Legal Agreement” which the player amst acknowledge by pressing the “OK” button on the video screen before being able to play the available game themes, Mick Farley & Assoctttes Sowy.nfa777.com Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797. TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 4 of 212 . ' Pace O Matic - Cuffiug EDGE NexPlay System version ARC 403,53 NXP —Kort Q. Gearhiser August 1, 2014 Page 2 of 13 Section II - General Information The Cutting EDGE NexPlay System offers eight (8) different game themes. These game themés are identified as follows: i American Prize 22. Hi-Way 50's Drive-In 3 Bandito Brothers 4. Kickers 5. Bombs and Bombshells 6. Lucky Eddie 2. Cocktail Cove 8. Space Station 7 Game play begins with the player selecting an available game theme and one of the play levels from which to participate. A player may change their desized play level at any time prior fo engaging in game play. Each game theme contains a “Next Play” feature which allows the player to view the very next gate outcome by pressing the “Next Play” icon on the video screen at any given time prior to the initiation of a game. If the player fails to, or chooses not to, select the “Next Play” button, then the preview for the next game outcome will not be displayed to the player, and the player may proceed to play the game withont knowing the game outcome in advance. No payment or purchase is required for the player to exercise the ability to cause the electronic system to disclose the next game outcome for the game theme and play level selected. The player can then touch the “PLAY” icon on the video screen or press the “PLAY” button on the cabinet’s exterior to initiate a game. Each game theme on the Cutting EDGE NexPlay System_contains_finite_pools—of game. outcomes for each game theme and play level. The game outcomes that are played from the finite pools are played without replacement until the entire pool has been exhausted. The pools are structured such that all prizes that are advertised are included in the pool. Depending on the game theme and play level selected, the Cutting Edge NexPlay System will randomly select one (1) game outcome per line from the finite pools. For example, for a game thenie that features twenty five (25) possible win lines, the RNG selects cwenty five (25) game outcomes from the finite pools for that particular game theme. The Cutting EDGE NexPlay System makes use of a random number generator (RNG) when selecting the game outcomes from the finite pools of available game outcomes. As the game outcomes are used, the RNG continues to select the next game outcome ensuring that there is always a next game outcome for the player to view. After each game outcome is used, the “Next Play” game outcome becomes the current game outcome, and a new “Next Play” game outcome is selected and available to be viewed by the player. Thus each game outcome will have a “Next Play” garie ontcome ready to replace the current game outcome that is used by the player. The Cuiting EDGE NexPlay System version ARC 403.53 NXP contains a Master, Slave, and Stand Alone configurations. While setup in the Master configuration, the machine will operate as a master and will contain the pools of outcomes that will be used. ‘he machine designated as the Master will be networked to other Curling EDGE NexPlay version ARC wo Nick Farley & Associates Syn fa777.com Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 5 of 212 ' . Pace O Matic - Cutting EDGE NexPlay Sysiem version ARC 403.533 NXP —Kart ©. Geachiser Avgust 1, 2014 Page 3 of 13 403.53 NXP machines which will be setup in the Slave configuration. While a machine is setup in the Stave configuration, the Slave machine will use the game outcome from the finite pools that are assigned to the machine that is designated as the Master. When setup in the Stand Alone contigwation, the machine will operate independently and operate as a standalone machine. Each Cutting EDGE NexPlay System configured as a Stand Alone machine has its own dedicated pools of outcomes assigned to it. When viewing game outcomes, players are viewing the next game outcome from the finite pools that are assigned to the Cutting EDGH NexPlay System terminal they are currently using. Should the player redeem their points from the Cutting EDGE NexPlay System terminal and insert money to play on a different Cutting EDGE NexPlay System terminal, then the player will be availed to a different game outcome which is dedicated to that terminal. Upon the pools reaching exhaustion, the system will then refill the exhausted pools and continue to deliver game outcomes, Upon selection of the game theme and play level, which will detenuine how many points will be expended, the next game outcome can be displayed by pressing the “Next Play” icon on the screen, The next game outcome will be displayed in advance of committing any points. The player can then choose to either play for the ontcome displayed or exit the game. Depending on the selected game theme, the “Next Play” feature can be displayed to the player differently. A player is not required to exhaust all of their points at once or on the same game theme. ‘he gare themes that are available on the Cutting EDGE NexPlay a. ‘Sustem are covered in more detailin Section Il = Game Specific Information. Hach game theme includes a Help feature, Activating the Help feature within a game theme produces a screen which firnishes explanations and the pay tables for the active game theme. All prizes won are displayed as “Win” and added to the “POINTS” available for additional game play purchases. The player may redeem accumulated “POINTS” after each game play. Redemption of “POINTS” is accomplished by simply pressing the “PRINT TICKET” button, or touching the “PRINT TICKET™ icon on the video screen. All accnmulated “POINTS” vill be issued on a printed ticket showing a monetary value, with each “POINT” equivalent to one ceut. The printed ticket may be presented to the local venue operator for redemption. Section UI - Game Specific Information Nick Farley & Associates, Inc, bas evaluated each of the eight (8) game themes offered by the Cutting EDGE NexPlay System version ARC 403.53 NXP. Bach theme affords a player an. opportunity to select options that determine the mmber of points to be expended per play, and allows the player to view the “Next Play” game outcome. ‘The game theme and play level will determine the specific finite pool fram which game ontcomes will be selected. Game Themes The eight (8) game themes that are available on the Cutting EDGE NexPlay Spstem version ARC 403.53 NXP are described below: Nick Fariey & Associates Wwoew nfa777.com Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 6 of 212 “eé 1 ' Pace O Matic - Cutting EDGE NexPlay Sestem version ARC 403.53 NXP — Kurt O. Gearhiser Angust 1, 2014 Page 4 of 13 American Prize (1 Line) The dinerican Prize game theme is based primarily upon patriotic symbols. The game theme presents three (3) reels, each reel presenting three (3) symbols to the player. The game theme allows the player to select a play level, which determines the quantity of points that will be expended to play a game. The possible play levels available for the game theme are 25, 50, 78, 100, 200, 400, 300, 1.000, 1,500, and 2,000 points per play. The dmericon Prize game theme contains a bonns game. When the bonus symbols are aligned on the pay line, the player is granted twelve (12) free spins which will play automatically. The American Prize game contains a “Next Play” feature which will allow the player to view the next game outcome based upon the play level that the player has selected, before committing points to play the game. The “Next Play” feature will present the player with on alternate display which will temporarily show the next game outcome. The “Next Play” feature displays the total win amount of the up coming game outcome. The player actions with the game theme have no control over the game ontcome. Bandito Brothers (25 Line} The Bandito Brothers game theme is based primarily upon Mexican / Western themed symbols. The Bandito Brothers game theme presents five (5) reels, each reel presenti ng three (3) symbols to the player. The game theme allows the player to select a play tevel, which determines the quantity of points that will be expended to play a game, The possible play levels for the game themes are 25, 50, 75. 100, 200. 300, 400, 500, 1,000, 1,500, and 2,000 points per play. The Bandito Brothers game theme contains a bonus game. ‘To enter the bonus game, four (4) bonus symbols must be present on a pay line. The bonns game presents the player with a “Wanted Poster” theme. When the bouns game is initiated, the player will be tasked with selecting from a list of Wanted Posters which, upon selection, will display the amount that will be awarded. The player will have thirty (30) seconds to select from the available Wanted Posters. Should the player fail to select any Wanted Posters within the allotted time, then the system will proceed and automatically award the fail win amount of the game outcome to the player, The bonus game is merely an entertaining display and the player's actions with the game theme have no control over the game outcome. The Bandito Brothers game theme also offers a free spin bonus to the player. For the free spin bonus to be initiated there must be four (4) free spin bonus symbols aligned on a pay line. When the free spin bonus is initiated, the Player is granted twelve (12) free spins which will play automaticaily, The Bandito Brothers game theme contains a “Next Play” feature which will allow the player to view the next game outcome based upon the play level that the player has selected, before conunitting points to play the game. The “Next Play” feature will present the player with an altemate display which will temporarily show the next faine outcome on the reels and display Nick Farley & Associates wyryw.nfa777.com Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 7 of 212 — Kart 0. Gearbiser Pace O Matic - Cutting EDGE NexPlay System version ARC 403,53 NXP Apgust 1, 2014 Page 5 of 3 the win amount in text form on the screen, The player actions with the game theme have no control over the game outcome. Bombs and Bembshells (8 Line) The Bombs and Bombshells game theme is based primarily upon military themed symbols. The Bombs and Bombshells game theme presents nine (9) symbols, constructed in a 3x3 attay to the player, The game theme allows the player to select a play level, which determines the quantity of points that will be expended to play a game. The possible play Jevels that are available for the game theme are 40, 80, 120, 160, 200, 400, 800, 1,200, 1,600, and 2,000 points per play. The Bobs and Bombshells game theme contains a bonus game. To enter the bonus game, four (4) bonus symbols must be present on the 3x3 array. The bonus game is based upon a war scene. The player is prosented with a cannon which will fire upon tonching the screen. Military icons (ships, tanks, helicopters, planes, etc.) will appear on the screen. The object of the bonus game is to destroy as many military icons within the allotted time of thirty (30) seconds. There is a prize associated with each military icon. A listing of all the military icons that may appear during the course of the bonus game, and their associated prize amount, is displayed along the bottom of the screen for the entire duration of the bonus game. A iunning record of the desiroyed military icons will also be tracked along the bottom of the —_. screen. Should the player fail to destroy any of the war icons that appear on the bonus screen then the system will proceed and antomatically award the fall amount of the game onfcome to the player. The bonus game is merely an entertaining display and the player’s actions with the game theme have no control over the game outcome. The Bombs and Bombshells game theme contains a “Next Play” feature which will allow the player to view the next game outcome based upon the play level that the player has selected, before committing points to play the game. The “Next Play” feature will present the player with an alternate display which will temporarily show the next game outcome on the 3x3 uray and display the win amount in text form on the screen. The player actions with the game theme have no conirol over the game outcome. Cocktail Cove The Cocktail Cove game theme is based primarily upon a tropical theme. The Cocktail Cove game theme presenis nine (9) symbols, constructed in a 3x3 grid to the player. The game theme allows the player to select a play level, which determines the quantity of points that will be expended to play a game. The possible play levels that are available for the game theme are 40, 80, 120. 160, 200, 400, 800, 1,200, 1,600, and 2,000 points per play. The Cocktail Cove game theme contains a bonus game. To enter the bonms game, four (4) bonus symbols must be present on the 3x3 grid. The bonus game is based on a under the sea theme. The player is presented with a square area which will be used to aim. Fish icons (fish, eel. turtles, etc.) will appear on the screen. The object of the bonus game is to aim and take pictures of the fish icons that appear on the screen. The player nrust aim and click on the ick Farley & Associates - Wwiyw.pia777.cam Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 8 of 212 Pace Q Matic - Cuiting EDGE NexPlay System version ARC 403.53 NXP — Kant O, Gearhiser August 1, 2014 Page 6 of 13 fish icons that appear on the screen. Upon initializing the bonus game by touching the screen, the player will be presented with a battery gauge which will be used as the time limit for the bonus game. The battery gauge provided equates to an allotted time of thirty (30) seconds. There is a prize associated with each fish icon. A listing of all the fish icons that may appear during the course of the bonus game, and their associated prize amount, is displayed along the tight side of the screen for the entire duration of the bonus game. Should the player fail to take any pictures of the fish icons that appear on the bonus screen, then the player will receive the total possible win amount of points available. The bonus game is merely au entertaining display and the player's actions with the game theme have no control over the game outcome. The Cocktail Cove game theme contains a “Next Play” feature which will allow the player to view the next game outcome based upon the play level that the player has selected, before committing points to play the game. The “Next Play” feature will present the player with an alternate display which will temporarily show the next game outcome on the 3x3 grid. The “Next Play” feature displays the total win amount of the upcoming game outcomé. The player actions with the game theme have no control over the game outcome. Ei-Way 56's Drive In (25 Line) The Hi-Way 50’s Drive-In game theme is based primarily upon 1950’s themed symbols. The Hi-Way 50’s Drive-In game theme presents five (5) reels, each reel presenting three (3) symbols to the player. The game theme allows the player to select a play level, which determines the quantity of points that will be expended to play a game. The possible play levels for the game themes are 25, 50, 100, 200, 400, 500. 1,000, 1,500. and 2,000 points per . play. ‘The Hi-Way 50's Drive-In game theme contains a bonus game. To enter the bonus game, four (4) bonus symbols must be present on a pay line. The bonus game presents the player with a 1950°s movie theater theme. When the bonus game is initiated, the player will be tasked with velecting from a list of movie names which, upon selection, will display the amount that will be awarded. The player will have thirty (30) secands to select from the available movie names. Shonld the player fail to select any movie names within the allotted time, then the system will proceed and automatically award the full amount of the game outcome to the player.. The bonus game is merely an entertaining display and the player's actions with the game theme lave no control over the game outcome. The Hi-Way 50’s Drive-Jn game theme also offers a free spin bonus to the player. For the free spin bonus to be initiated there must be four (4) free spin bonus symbols aligned on a pay line. When the free spin bonus is initiated, the player is granted twelve (12) free spins which will play automatically. The Hi-Way 50’s Drive-in game theme contains a “Next Play” feature which will allow the player to view the next game outcome based upon the play level that the player has selected, before committing points te play the game. The “Next Play” feature will present the player with an alternate display which will renporarily show the next game outcome on the reels Nick Farley & Associates WF Wn fa 77.com Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 9 of 212 lay S¥ este version ARC 403,53 NXP — Kurt 0. Gearhiser Pace O Matic - Cuiting EDGE NexP August 1, 2014 Page 7 of 13 with the game form on the screen, The player actions and display the win amount in text e outcome. theme have no control over the gam Bickers (Keno) presents the player style gaine theme. The game theme ‘The Kickers game theme is a Keno of two (2) numbers whi ch is us ed to allow the player to pick a minimum o f 1-80. The player also has the with a Keu o card ad a maximum of up to ten (10) numbers from a tange on the Keno card, automatically select ten (10) }) numbers option to select “Auto” which will determines the quantity e the me also allo w: $ the player to select a play level, vhich This gam are available will be exp end ed to play a game . Play levels for the game theme of points that and 500 points per play. at 25, 50, 75, 100, 200, 300, 40 0, player receive the s gam e the me cont ains a “Kicker Ball” bonus. Should the The Kic ker The bonus bon us, a “Wh eel o! £ Fortune ” style bonus wheel will be displ: layed. “Ricker Ball” number that is chosen on the wheel. Depending on! he wheel will spin and choose amu wn ‘ber on the wheel, the game outcome W! {ll be multiplied by that number. allow the player to view s gam e the me co! atain s a “Next Play” fe ature which will The Kic ker the player has e out com e base d upon the mumaber of pi cks and play level that the next gam the game. The “Next Play” feature will pres ent the com mit tin g po ints to play selected, before oufcome. The will temporarily § chow the next game player with an alternate display which game outc ome. The l win amount 0: f the upcoming “Next Play” feature displays the tota game-ontcome. me raver no-controtover-tbe player actions with the game the Lucky Eadie (5 Line) is based primarily on a doe theme. The Lucky Eddie game The Lucky Eddie game theme ols to the player. The game reel presenting three (3) symb theme presents three (G3) ree! Js, each quantity of points that ws the play er to sele ct play level, whi ich determines the me allo for the game the end ed to play 4 game . The possible p! lay levels that are available will be exp s per play. 500, 1,000, 1,500, and 2,000 point theme are 25, 50, 100, 200. 400, s symbols are Edd ie gam e the me cont ains & bonus &Fame, When three G) bonu The Lucky s game presents aligned on a pay line he player is present sed with a bonus game. The bonu ces to select prizes, with five (4) buri ed trea sure icons where the player has choi the play er er will have sele ctio n wi i disp lay the amout ! nt that will be awarde: d. The play which upon Should the player fail to the five (5) buried treasure icons. thirty (30) seconds to select from allotted time, then the of the buri ed { trea sure icon s located on the sc yeen within the select any outcome io the pro cee d aii d auto mati call y award the full au ount of the game system. will er’s actions with the an enter! taining display and the play player. The bons game is merely gaine outcome. game theme have no CoH strol over the For the free spin Edd ia gam e the me also offers a free spin bonus to the player. The Lucky aligned on a pay line. be three (3) free spin b onus symbols bouus to be initiate d there must (12) free spins which will n. the free spin bou us 1s init iated the player is grante d twelve Whe play automatically. Nick Farley & Associates syryw.nfa777.com, Ser ena 777M Sandra Kurt, Summit County Clerk of Courts CV-2016-04-1797 TRPO 05/17/2016 15:06:37 PM =MCCARTY, ALISON Rage 10 of 212 NAP —Kurt O. Gearhiser - Cutt ing EDG E Nex Pla y Systent version ARC 403.53 Pace O Mati c August 1, 2014 Page 8 of 13 ure which will allow the play er to Edd ie gam e the me contains a “Next Play” feat , befo re The Lucky upo n the play level that the pla yer has sele cted e out com e bas ed et with an Play” feature wil 11 present the play view the next gam y the gam e. The “ye xt y committing points to pla sho’ ww the next gaie outcome On the reels and displa tem por ari ly alternate display which will en. The player actions with the gan e theme have na in (ext form m on the scre the win amount control over the game outcome. Space Station 7 (2: 5 Line) fiction outer space themed gam e the me is ba sed primarily upon science The Spa ce Stat ion 7 theme presents five (5) reel s, each reel presenting three tion 7 gam e ols. The Spa ce ‘Sta a play level, which yer. The gam e the me allows the player to select (3) symbols to the . pla me. The possible play of poi nts that will be expended to play aga determ ine s the qua nti 400, 500, 1,000, 1,500, ave ava ila ble for the gam e theme are 25, 50, 100, 2 00, jevels that 2,900 points per play. , four 4) e the me co: ntai ns a bon us game. To entel zc the bonus game The Space Station 7 gam the reels. The bonus game pres ents the player with a mus t be pres ent ol bonus sym bol s is initiated, the player ce the med ches t bon us game. when the bonus game science fiction spa t, a thirty (30) e 6) ches ts to cho ose from. Upon selection 0 fa ches will be availed to fiv select from Ler will appeai rc. The player wil 1 have thirty (30) seconds to second cou nt dow n tims unt that will be awarded. w ich upo n selecti ion will display the amo the remain ing che sts timed, then the system tte will Should the player fail to se lect any Chie ig-within-the-allo e out com e to the play er. The nati call y awa rd the full amo unt of the gam the me proceed and autom dis pla y and the p! Jayer’s actions wil ith the game merel ly an ent ert ain ing bonus game is outcome. have no control over the game