Brookfield eases rules against video gamblingFollowing state's lead, city backs off enforcementBrookfield -- To the relief of tavern owners, city officials decided Tuesday to get out of the business of enforcing a state ban on video gambling machines.The electronic slot machines, which tavern owners say are popular among older patrons, are illegal in Wisconsin. But the state has steadily lessened enforcement of the ban, and last year transferred that authority from police to state revenue agents.The state Department of Revenue has announced that it lacks the personnel to investigate taverns with five or fewer machines. This allows taverns to install up to five of the devices without fear of prosecution except for possible sales tax or income tax problems.Police are obligated to enforce local laws, however, and Brookfield is among a handful of Wisconsin communities with a long-standing city ordinance banning gambling devices in institutions that serve alcoholic beverages.After the city's Legislative and Licensing Committee voted unanimously Tuesday to recommend the change, the Common Council voted 10-4 to revise its municipal code to state: "With regard to enforcement for the possession of five or fewer video gambling machines on a Class B licensed premise, the City shall defer to the Wisconsin Department of Revenue."Nine local businesses removed their gambling machines in February after receiving a warning letter from Brookfield Police Chief Dan Tushaus. Representatives of taverns and veterans organizations have been clamoring to get their machines back.Tavern owners say the machines bring revenue and encourage customers to stay longer at their establishments, boosting sales of food and drink. Customers who wish to play games must feed dollar bills into the machines, which do not discharge coins or prize money.Ald. Daniel Sutton pointed out that it's legal to play the machines for amusement, if no money is involved. But Ald. Richard Brunner said, "To tell you these things aren't used for gambling is a complete fabrication. There are as many ways to get a payout as there are establishments."Tushaus said, "I have a problem, as a police agency, of knowing what these machines are designed for and what we are told they intend to be used for -- illegal gambling." Police can still issue tickets to customers who are caught using the machines to gamble for money, and tavern proprietors can be arrested for gambling if observed distributing prize money to players, he said.Ald. Steve Ponto, who said he personally abhors gambling but voted to change the ordinance, said the goal of the council was not to change the legality or illegality of the machines, but to give Brookfield business owners a level playing field."Brookfield is the only community in Waukesha County with a separate ordinance banning the machines," he said.But Ald. Gary Mahkorn, who voted against the change, said, "I'm glad Brookfield has this ordinance that I believe other communities in Waukesha County wish they had."Ald. Rick Owen, who also voted "no," said, "We can be like the state or we can have a backbone on this." Owen said he believed most residents do not want gambling in the city.

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