Question juridique clé
Whether the Federal Gaming Commission was competent to prosecute the continued operation of the machines under federal gambling law.
Solution extraite
Yes. Because the machines lacked the required cantonal authorization on 1 November 1997, their continued operation after 1 April 2000 was federally prohibited and fell under Art. 56 SBG.
Motifs extraits
The transitional regime of Art. 60 SBG applies only if the device was lawfully in operation on the relevant date, including any required cantonal permit. If that permit was missing, the conduct is punishable under federal law and assessed by the Commission under the VStrR.