Offending Alexandria businesses ‘put on notice’ about skill games | ALXnow

More than a dozen Alexandria businesses with skill gaming machines were “put on notice” last month.

The businesses were notified that skill games are illegal gambling machines, and were informed of the legal consequences in a Nov. 19 letter from City Attorney Cheran Ivery, then-Interim Police Chief Raul Pedroso and Commonwealth’s Attorney Bryan Porter.

The businesses have 30 days from the time the letter was mailed to get rid of the machines.

La Feria Latina Grocery (3842 Mount Vernon Avenue) has seven machines running, including the new QVS2 (Queen of Virginia) machines by Pace-O-Matic that are unlocked when customers give clerks cash.

“The owner got the letter,” an employee said at La Feria Latina Grocery. “We have 30 days.”

As previously reported, skill games have been operating unhindered at multiple convenience and grocery stores since being outlawed as illegal gaming by the Virginia legislature in 2020.

One business owner operating skill games was unaware of the letter, and complained that there are businesses operating the devices in neighboring jurisdictions.

“I have two machines,” the owner said. “I don’t know anything about a letter.”

Penalties are steep for businesses operating the devices. Operators face a Class 6 felony punishable by up to a year in prison and/or a $2,500 fine, and also face a $25,000 civil penalty per-device. Playing the games is a Class 3 misdemeanor punishable by up to a $500 fine.

The letter is below.

To Whom It May Concern:

You are receiving this letter as part of an effort to educate businesses and community members regarding “skill games” as defined by Va. Code §§ 18.2-325(6) and 18.2-346.6, which are illegal in Virginia. In July 2020, the Virginia General Assembly specifically amended and reenacted Va. Code §18.2-325 to list “skill games” as “illegal gambling” instruments. Shortly before the law came into effect in July 2021, a lawsuit was filed to stop enforcement of the ban after an initial circuit court injunction was issued to stop enforcement of the law while the court considered the issue, the Virginia Supreme Court vacated the injunction on October of 2023, and held that the challenged ban was in harmony with the Constitution of Virginia. Therefore you should be aware that “skill games” remain illegal in Virginia.

This was reiterated by Attorney General Jason S. Miyares in a memorandum to Virginia prosecutors and chiefs of police dated September 26, 2024. As the city attorney, interim police chief and the elected Commonwealth’s Attorney for the city of Alexandria, we understand the impact that this may have on your business, particularly in light some misinformation regarding the legality of “skill games” in Virginia. That is why my office and the office of the Commonwealth attorney will continue to work with the Alexandria police department to educate businesses and community members about “skill games” prior to taking enforcement action. However, by receiving this letter, you are now on notice that “skill games” are illegal in Virginia and if you continue to operate “skill games” in your business, you may be subject to the following criminal and civil penalties as outlined below.

Relevant “Skill Games” Code Sections

• § 18.2-326. Penalty for illegal gambling: “(A)ny person who illegally gambles or engages in interstate gambling as defined in §18.2-325 shall be guilty of a Class 3 misdemeanor.”
• § 18.2-328. Conducting illegal gambling operation; penalties: The operator of an illegal gambling device, activity or operation shall be guilty of a Class 6 felony.”
• § 18.2-329. Owners, etc., of gambling place permitting its continuance; penalty: “If the owner, lessee, tenant, occupant or other person in control of any place or conveyance, knows, or reasonably should know, that it is being used for illegal gambling, and permits such gambling to continue without having notified a law-enforcement officer of the presence of such illegal gambling activity, he shall be guilty of a Class 1 misdemeanor.”
• § 18.2-330. Accessories to gambling activity; penalty: “Any person, firm or association of persons, other than those persons specified in other sections of this article, who knowingly aids, abets or assists in the operation of an illegal gambling enterprise, activity or operation, shall be guilty of a Class 1 misdemeanor.”
• § 18.2-331. Illegal possession, etc., of gambling device penalty: “A person is guilty of illegal possession of a gambling device when he manufactures, sells, transports, rents, gives away, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, believing or having reason to believe that the same is to be used in the advancement of unlawful gambling activity. Violation of any provision of this section shall constitute a Class 1 misdemeanor.
• § 18.2-331.1. Operation of gambling devices at unregulated locations; civil penalty: “A. In addition to any other penalty provided by law, any person who conducts, finances, manages, supervises, directs, sells, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of up to $25,000 for each gambling device located in such unregulated location.”

We appreciate your cooperation and understanding in this matter. Together we can ensure that our businesses align with legal requirements while continuing to serve our community.

Very truly yours,

Cheran Ivery, City Attorney

Raul Pedroso, Interim Police Chief

Bryan Porter, Commonwealth Attorney