VIRGINIA BEACH, Va. – The ban on “Skill Games” is now being enforced in Virginia Beach.
On October 13, 2023, the Virginia Supreme Court vacated a lower court’s decision and lifted the injunction preventing enforcement of the law. In light of the Supreme Court’s ruling, the Virginia Beach Police Department in cooperation with the Virginia Beach Commonwealth’s Attorney and Virginia Beach City Attorney’s Office announced that it would resume enforcement of the “illegal gambling code sections related to “Skill Games” beginning on November 26, 2023.”
“We’re trying to take that education route and let them know, ‘Hey, the laws have changed,’” stated Officer Jude Brenya of the Virginia Beach Police Department. “As officers go around and as complaints come in, we’re going to look for compliance, and if that compliance doesn’t get anywhere then that’s when we’ll result in issuing citations and enforcement.”
The penalties are as follows, according to the City.
Possible Punishment for Violation
Civil Penalties
Any person operating a Skill Game device or devices may be subject to a civil proceeding seeking:
1. a civil penalty in the amount of $25,000 per gambling device,
2. an immediate injunction prohibiting operation of the gambling devices,
3. seizure of the gambling devices, and
4. costs associated with investigating and bringing the lawsuit, including attorney fees.
Criminal Penalties
Criminal charges under Virginia Code §18.2-331 for illegally possessing gambling devices and operating the devices for the advancement of unlawful gambling activity.
· The punishment for violating this statute is a Class 1 misdemeanor, which may result in confinement in jail for up to twelve months or a fine up to $2,500, or both.
Criminal charges under Virginia Code §18.2-328 for being an operator of an illegal gambling enterprise, activity or operation.
· The punishment for violating this statute is a Class 6 felony, which may result in a term of imprisonment for up to five years, or confinement in jail for up to twelve months or a fine up to $2,500, or both.
Playing these “Skill Games” could result in criminal charges of illegal gambling under Virginia Code §18.2-326.
· The punishment for violating this statute is a Class 3 misdemeanor, which may result in a fine up to $500.
Some business owners tell News 3 that it’s hurting them financially.
Boyd Melchor, owner of Kelly’s Tavern says though the extension for Virginia Beach was until November 26, “Queen of Virginia had us unplug the machines prematurely in my opinion, and that was November 15.”
Melchor explained it’s not just the money that players put into the machine but also overall sales are down as well as tips.
“We’ve seen an instant decline when we unplugged these machines and it’s wreaking havoc on our industry right now,” Melchor said. “But it’s also a bad time of year. The employees aren’t getting the tips out of these things, we’re not selling the products that we’d normally be selling. Things are definitely slower right now – bad time of year to be doing this.”
He believes there is good traction for change to happen in January during the next legislative session.
“This is a win, win, win: The customers, they love playing them, for the employees, for the operators, and for the Commonwealth of Virginia,” added Melchor who said the state is missing out on the opportunity to tax the gaming devices.
