ROCK SPRINGS — Gaming terminals being installed in a few Wyoming grocery stores has gotten the attention of the state according to a Rock Springs senator.

Skill game terminals have appeared at the Rock Springs Smith’s grocery store. Sen. John Kolb, R-Rock Springs, speaking to the Rock Springs City Council Tuesday, said similar banks of terminals have appeared at grocery stores in Riverton and Casper. He said a constituent told him they had seen minors playing the games in the Rock Springs Smith’s and when they alerted the store manager about the problem, the manager allegedly told the constituent they couldn’t do anything about it. Kolb said state agents later came to Rock Springs and investigated the claim. He said they discovered minors were using the terminals and were deactivated pending further review.

“It’s an administrative action to be clear … they could have charged them differently, but it’s administrative at this point,” Kolb said. 

The issue will go to the state gaming commission. Kolb said they will decide on a potential fine of up to $10,000 and have the permit holder, Kroger, correct the problem. The terminals in Casper and Riverton have been shut down as well. Kolb said other legislators were “very, very upset” seeing the games visible in front of the checkout stands.

Kolb said the gaming terminals got into grocery stores through what he said was a loophole due to a statute amendment that allowed licensing for a business holding a full retail liquor license to utilize the whole footprint of the building for gaming, not just the liquor store portion. Kolb said the gaming commission was asked if the communities were notified of the change as gaming terminals had not been placed in grocery stores before, saying the commission did not notify anyone.

“They assured us during that meeting … they’re going to modify their rules for letting you know notice any changes that happen in your community – and that goes for the whole state,” Kolb said.

He said the gaming commission is working with Smith’s to establish a path forward for the terminals.

Local Control Bill

Kolb believes there isn’t local control when it comes to gaming terminals in Wyoming. He’s the chairman of the senate half of a legislative taskforce focused on local control in the industry.

“There’s a big hole for letting people here have a voice,” Kolb said.

Kolb said he’s the sponsor for a bill that allows local governments to have final say in gaming license decisions within their jurisdictions. It would also allow a county government to comment on a licence application for a municipality within its borders and a city could comment on a licence proposed within the county it’s located in.

Any gaming permit would be a topic to comment on once it comes up for renewal if the bill is passed. Kolb said a local government would need just cause to deny a permit, one of which being that it wouldn’t be socially beneficial to the community. He said the belief is the local jurisdictions would be able to deny a gaming permit based on local needs, though that hasn’t been tested in court.

The gaming machines based on historic horse racing have fed growth into Wyoming’s horse racing industry. Kolb said the revenues from the terminals feed into the purses available for live horse racing. 

“The machines promote the industry,” he said.