Skill Games Illegal in Petersburg
Based upon the recommendation from the Virginia Attorney General concerning the restrictions imposed by the Virginia Code regarding Skill Games, the City of Petersburg is now enforcing these sections of the Code. Operators of such games in Petersburg have been issued a formal notice from Petersburg’s City Manager, delivered by the Commissioner of the Revenue via registered mail, mandating the cessation of all skill gaming activities by November 16, 2023. This directive applies to all operators regardless of whether or not they received the Notice.
Virginia Code §18.2-325(6) states:
“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.
Criminal punishment for engaging in illegal gambling is a Class 3 misdemeanor, and punishment for the operation of an illegal gambling enterprise, activity, or operation is a Class 6 felony and may be subject to a fine of up to $20,000.00 and imprisonment for not less than one year nor more than ten years.
If an owner, lessee, tenant, occupant, or other people in control of a place or conveyance knows or reasonably should know that it is being used for illegal gambling and permits the activity to continue without notifying law enforcement, that person may be found guilty of a Class 1 misdemeanor which is punishable by confinement in jail for up to 12 months and a fine of up to $2,500.00.
In addition to any other penalties, the Attorney General, Commonwealth’s Attorney, or City Attorney may initiate an action seeking to recover:
- a civil penalty in the amount of $25,000.00 per gambling device,
- an immediate injunction prohibiting operation of the gambling devices,
- seizure the gambling devices, and
- costs associated with investigating and bringing the lawsuit, including attorney fees.
Any use of skill game devices in Petersburg should be reported to the Petersburg Bureau of Police.