Trinkle

In this appeal seeking recovery of six machines seized as illegal gaming devices, plaintiffs John Trinkle, individually and doing business as Galaxy Vending Company, and Jim Nichols, individually and doing business as Stockton Music Company, appeal from a judgment entered in favor of Jay R. Stroh, as Director of Alcoholic Beverage Control, and Alcoholic Beverage Control (hereafter collectively ABC). Plaintiffs contend the machines were not illegal gaming devices, and the pertinent Penal Code provisions are unconstitutionally vague. (Undesignated statutory references are to the Penal Code.) We shall affirm the judgment.

Factual and Procedural Background

Plaintiffs are in the vending and amusement machine business and own machines which they rent out to various business establishments.

On April 19, 1994, ABC in a widespread operation termed “Operation Royal Flush” seized numerous machines, including those of plaintiffs, from taverns and from plaintiffs’ business premises, on the grounds they were illegal slot machines and illegal lotteries under section 330a et seq. Plaintiffs assert they were not charged with any crime.

On May 18, 1994, plaintiffs filed complaints…