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Virginia Beach gives 30-day period before ‘skill game’ penalties start

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VIRIGINA BEACH, Va. — Playing or offering for play Skill Games will be a criminal activity, according to the Virginia Beach Commonwealth's Attorney.

On Nov. 26, the VBPD, the Commonwealth's Attorney's Office, and the Virginia Beach City Attorney's office will resume enforcing the illegal gambling code sections related to "Skill Games," according to a statement from the city.

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Ban reinstated on slots-like skill games in Virginia

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Virginia Code §18.2-325(6) defines a skill game:
“Skill game” means an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash or cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash; or cash equivalents whether the payoff is made automatically from the device or manually. “Skill game” includes (i) a device that contains a meter or measurement device that records the number of free games or portions of games that are rewarded and (ii) a device designed or adapted to enable a person using the device to increase the chances of winning free games or portions of games by paying more than the amount that is ordinarily required to play the game. “Skill game” does not include any amusement device, as defined in § 18.2-334.6."

In 2020, the Virginia General Assembly enacted a law saying that Skill Games were illegal gambling devices, according to the city. In 2022, the general assembly made possessing, operating or playing Skill Games criminal offenses with civil and criminal penalties.

However, a lawsuit filed in Emporia Circuit Court challenged the ban and there was an injunction stopping the enforcement of the ban until trial, according the city. During the waiting period, many Skill Games continued to operate.

Watch previous coverage: Ban reinstated on slots-like skill games in Virginia

Ban reinstated on slots-like skill games in Virginia

On Oct. 13, the Virginia Supreme Court lifted the injunction preventing the prohibition on Skill Games and reinforced the relevant illegal gambling code sections.

The city of Virginia Beach lists the possible criminal and civil penalties for possessing or operating a illegal Skill Game online.

News 3 is speaking with business owners. Some say they rely on this revenue.

"They’re paying their bills. They’re putting food on the table with this money," said Kelly's Tavern owner Boyd Melchor. "Right now, we’re co-existing with casinos, and the casinos are breaking records. The lottery is breaking records. The horse racing, everybody’s doing well. Why can’t mom-and-pop operators operate and get a piece of the action?"

Melchor added the machines have helped them offset the rising costs of food and labor so they don't have to pass all of it on to customers. He also said he is talking with state leaders to fight to keep them in establishments, and he said it should be regulated.

Stay with News 3 for further updates.