Virginia estimates a tax revenue of $55 million annually from sports wagers which is very minor in comparison to the overall estimate of $367 million from the combined legal gambling market. The state lottery has only allotted $30,000 in funding for gambling addiction services for residents. Those companies have been closely reading state laws on gambling to find a way to bypass them. In Virginia, they noticed the law only bans slot machines with three factors — a wager, the offer of a prize or cash and a win based solely on chance. Knock out one, and a machine can be legal.

A bill that paves the way for the Pamunkey Tribe to open a casino has become law in Virginia. Gov. Ralph Northam (D) signed Senate Bill 1126 on Friday. The new law authorizes a study of gaming that's due December 1, The Bristol Herald-Courier reported. The law also authorizes a process for host communities -- including those where the tribe has expressed interest in opening a casino -- to schedule a referendum on gaming. But the Virginia Legislature would have to take action again before a referendum can take place. Assuming all those steps are completed, the casino would be operated under state, rather than federal law. That means the tribe would not have to go through the land-into-trust process, which could take several years, if not longer, to complete. The tribe, whose reservation is located east of Richmond, the state capital, has been looking at building a casino in Norfolk. Another site closer to Richmond also has been mentioned. The tribe gained federal recognition by going through the acknowledgment process at the Bureau of Indian Affairs. The tribe's status became final in 2016. Six other tribes in Virginia gained recognition through an act of Congress in 2018. The law bars them from following the Indian Gaming Regulatory Act even though the state allows several forms of gaming, including bets on historical horse races. A non-Indian racetrack outside of Richmond will be offering 600 such electronic betting machines next month, WRIC reported. The machines were authorized by state law last year, The Richmond Times-Dispatch reported. Elsewhere, the state of Idaho at one point allowed non-Indian racetracks to offer the same types of machines. But lawmakers ended up banning them after tribes complained that the devices looked too much like slot machines. Northam signs casino bill into law (The Bristol Herald-Courier March 22, 2019)
How Virginians will be able to gamble on old horse races 'without having to do any work at all' (The Richmond Times-Dispatch March 25, 2019)
Colonial Downs betting on casino-style games to bring in new crowds (WRIC March 25, 2019)
Northam signs bill that could lead to casino in Danville (WSET March 25, 2019) Pamunkey Tribe stands to gain with historic action on gaming in Virginia (February 25, 2019)
Pamunkey Tribe clears first hurdle with bill to authorize casino under state law (January 21, 2019)
Pamunkey Tribe willing to operate gaming facility under state law (January 16, 2018)
'Like dropping a bomb': Nansemond Indian Nation bashes another tribe's casino plan (January 14, 2019)
Pamunkey Tribe finds welcoming host community for potential casino (December 19, 2018)
Pamunkey Tribe sees support for gaming development in Virginia (December 6, 2018)
Editorial: Don't let prejudice stand in the way of tribe (November 29, 2018)
Pamunkey Tribe still working on casino plan after winning recognition (November 28, 2018)
'Economic self-sufficiency': Pamunkey Tribe pursues casino in Virginia (June 14, 2018)

Are Gambling Machines Legal In Virginia County

Pamunkey Tribe not invited to local meeting about casino plan (May 23, 2018)
Former chief of Pamunkey Tribe slams gaming plan as 'recipe for disaster' (May 11, 2018)
Pamunkey Tribe pushes for casino as Virginia opens door to new machines (May 7, 2018)
Pamunkey Tribe partners with billionaire developer in push for casino (April 25, 2018)
Pamunkey Tribe connected to acquisition of land by gaming company (April 23, 2018)
Pamunkey Tribe announces plans for $700 million gaming facility (March 16, 2018)

This section has more than one version with varying effective dates. Scroll down to see all versions.

§ 18.2-325. (Effective until July 1, 2021) Definitions.

1. 'Illegal gambling' means the making, placing, or receipt of any bet or wager in the Commonwealth of money or other consideration or thing of value, made in exchange for a chance to win a prize, stake, or other consideration or thing of value, dependent upon the result of any game, contest, or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest, or event occurs or is to occur inside or outside the limits of the Commonwealth.

For the purposes of this subdivision and notwithstanding any provision in this section to the contrary, the making, placing, or receipt of any bet or wager of money or other consideration or thing of value shall include the purchase of a product, Internet access, or other thing made in exchange for a chance to win a prize, stake, or other consideration or thing of value by means of the operation of a gambling device as described in subdivision 3b, regardless of whether the chance to win such prize, stake, or other consideration or thing of value may be offered in the absence of a purchase.

2. 'Interstate gambling' means the conduct of an enterprise for profit which engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.

3. 'Gambling device' includes:

a. Any device, machine, paraphernalia, equipment, or other thing, including books, records and other papers, which are actually used in an illegal gambling operation or activity; and

b. Any machine, apparatus, implement, instrument, contrivance, board or other thing, or electronic or video versions thereof, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided further, that machines that only sell, or entitle the user to, items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subsection.

Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations. Nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance.

4. 'Operator' includes any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.

1975, cc. 14, 15; 1992, c. 423; 2010, c. 877; 2011, cc. 879, 887; 2019, c. 761.

§ 18.2-325. (Effective July 1, 2021) Definitions.

1. 'Illegal gambling' means the making, placing, or receipt of any bet or wager in the Commonwealth of money or other consideration or thing of value, made in exchange for a chance to win a prize, stake, or other consideration or thing of value, dependent upon the result of any game, contest, or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest, or event occurs or is to occur inside or outside the limits of the Commonwealth.

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For the purposes of this subdivision and notwithstanding any provision in this section to the contrary, the making, placing, or receipt of any bet or wager of money or other consideration or thing of value shall include the purchase of a product, Internet access, or other thing made in exchange for a chance to win a prize, stake, or other consideration or thing of value by means of the operation of a gambling device as described in subdivision 3 b, regardless of whether the chance to win such prize, stake, or other consideration or thing of value may be offered in the absence of a purchase.

'Illegal gambling' also means the playing or offering for play of any skill game.

2. 'Interstate gambling' means the conduct of an enterprise for profit which engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.

3. 'Gambling device' includes:

a. Any device, machine, paraphernalia, equipment, or other thing, including books, records and other papers, which are actually used in an illegal gambling operation or activity;

b. Any machine, apparatus, implement, instrument, contrivance, board or other thing, or electronic or video versions thereof, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided further, that machines that only sell, or entitle the user to, items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subsection; and

c. Skill games.

Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations. Nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance.

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4. 'Operator' includes any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.

5. 'Skill' means the knowledge, dexterity, or any other ability or expertise of a natural person.

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6. '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; cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash; merchandise; or anything of value whether the payoff is made automatically from the device or manually.

1975, cc. 14, 15; 1992, c. 423; 2010, c. 877; 2011, cc. 879, 887; 2019, c. 761; 2020, cc. 1217, 1277.