Casino Ship Set to Sail as State Ponders Law’s Fine Points

The case of the inoperable slot machine is not one for Sherlock Holmes. Sgt. Friday could solve it in his sleep.

The question is: Are cruise ship companies that ply California waters and offer slot machines violating state Penal Code Section 330.6?

The section is straightforward enough. It says shipping operators who provide one-armed bandits--illegal everywhere in California except on Indian reservations--in international waters must stow their slots in “a locked compartment of the vessel” when the ship is within state waters.

The California Department of Justice has opened a preliminary inquiry in an attempt to figure out what to do.

The issue arose last month when the Viejas band of Indians, planning to begin operating a casino ship, pushed for legislation that would have made a rather technical change to the statute.

The bill would have granted cruise operators the authority to render slots inoperable while the vessels are in California waters by cutting off electricity to them, rather than locking them up as required by the 1950s-era law.

The Legislature approved the bill. But Gov. Gray Davis, worried about criticism that he is presiding over major growth of gambling in California, said he would not sign it.

The Viejas band and its partner, Commodore Holdings Ltd., responded that they don’t need the legislation after all. They say they’ve reconfigured their floating casino to comply with state law, and are pressing ahead with a scheduled maiden voyage tonight. The Viejas’ ship, which will travel 18 miles from San Diego to Rosarito Beach, will offer craps, cards, roulette and almost 400 slot machines.

Operators of other cruise ships moored in Los Angeles have smaller numbers of slot machines, and offer longer cruises than the Viejas-Commodore ship, the Enchanted Sun. Although casinos are not the main attraction on the other cruises, an aide to Atty. Gen. Bill Lockyer said the state Department of Justice is attempting to determine whether they are violating the law by failing to lock up the slots.

“This is not a violent crime-type investigation,” Nathan Barankin said. “It’s to determine whether cruise ships are complying with the law. Once that determination has been made, we’ll take the necessary enforcement actions.”

It won’t take much gumshoeing.

In interviews Thursday, representatives of Carnival Cruise Lines and Royal Caribbean International, both of which have ships docked in Los Angeles, acknowledged that they simply turn the machines off when they reach California waters, three miles offshore.

“That, in a common-sense view, and possibly even a legal view, constitutes a closed casino,” said David Stanley, a vice president of Royal Caribbean. “If the state authorities want to contact us and tell us their wishes, we will sit down and discuss it.”

“We’re going to look into this,” said Jennifer de la Cruz, spokeswoman for Carnival, “and if this penal code does exist, we’re going to have address it. We’re going to take an immediate look at it.”

The problem could be solved by the legislation. However, a spokesman for Senate President Pro Tem John Burton (D-San Francisco), the author of the Viejas-backed bill, said the Senate leader has no plans to send the measure to Davis.

“There would have to be some sign from the governor that doing so wouldn’t be a moot exercise,” said Burton aide David Sebeck.