Chap. 362.—An ACT to amend and re-enact Section 4694-a of the Code of Virginia,
as heretofore amended, in relation to slot machines and devices. [H B 366]

Approved April 1, 1942

1. Be it enacted by the General Assembly of Virginia, That section
forty-six hundred and ninety-four-a of the Code of Virginia, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 4694-a. (a) It is unlawful for any person, firm, or cor-
poration, other than a duly licensed dealer in slot machines bona fide
storing such machines in bulk for sale outside of this State only and ir
jurisdictions where the operation of such machines is not forbidden by
law:
(1) To manufacture, own, store, keep, possess, sell, rent, lease, let
on shares, lend or give away, transport, or expose for sale or lease, or tc
offer to sell, rent, lease, let on shares, lend or give away, or to permit the
operation of, or to permit to be placed, maintained, used or kept in any
room, space or building of any kind, public or quasi-public or private
owned, leased or occupied by him or under his or its management o1
nanteanl anv elnat machine ar device ac hereinafter defined: or.
(2) To make or permit to be made with any person any agree-
ment, express or implied, or in any other way, with reference to any slot
machine or device, as hereinafter defined, pursuant to which the user
thereof, as a result of any element of chance or other unpredictable out-
come, may become entitled to receive any money, credit, allowance, or
thing of value or additional chance or right to use such machine or de-
vice, or to receive any check, slug, token or memorandum entitling the
holder to receive any money, credit, allowance or thing of value, whether
through such machine automatically or by delivery in any manner.

(b) Any machine, apparatus or device is a slot machine or device
within the provisions of this section if it is one that is adapted, or may
readily be converted into one that is adapted, for use in such a way that, as
a result of the insertion of any piece of money or coin or-other object such
machine or device is caused to operate or may be operated, and by reason
of any element of chance or of other outcome of such operation unpre-
dictable by him, the user may receive or become entitled to receive any
piece of money, credit, allowance or, thing of value, or any check, slug,
token or memorandum, whether of value or otherwise, which may be ex-
changed for any money, credit, allowance or thing of value, or which may
be given in trade, or the user may secure additional chances or rights to
use such machine, apparatus or device, irrespective of whether it may,
apart from any element of chance or unpredictable outcome of such opera-
tion, also sell, deliver or present some merchandise, indication of weight,
entertainment or other thing of value. Such machine, apparatus or de-
vice is no less a slot machine or device within the provisions of this sec-
tion if it indicates beforehand the definite result of one or more operations
but not of all operations. . a,

(c) Any person, or member of a firm, or officer or agent of a cor-
poration or association, violating any provision of this section shall be
guilty of a misdemeanor and upon conviction shall be punished by a fine
of not less than fifty dollars and not more than one thousand dollars, or by
confinement in jail not less than thirty days and not more than twelve
months, or by both such fine and confinement.

(d) Any article or apparatus possessed, maintained, kept or used
in violation of the provisions of this section is. hereby declared to be a
public nuisance and may, together with all money and tokens therein, be
seized under a search warrant issued in accordance with law. Any money
so seized shall be forfeited to the Commonwealth and such article or ap-
paratus shall be destroyed. : a BS

_ (e). Ifit shall come to the knowledge of the Governor that this sec-
tion is not being enforced in any county, city or town, the Governor may
call upon the Attorney General to direct its enforcement in such county,
city or town, and thereupon the Attorney General may instruct the at-
torney for the Commonwealth, sheriff and chief of police, if any, of such
county, or the attorney for the Commonwealth and chief of police of such
city, or the attorney for the Commonwealth of the county in which such
town 1s located and the chief of police or sergeant of such town, to take
such steps as may be necessary to insure the enforcement of this section
in such county, city or town, and if any of such officers, after receiving
such instructions, shall thereafter fail or refuse to exercise diligence in the
enforcement of this section, the Attorney General shall make report there-
of in writing to the Governor and to the judge of the court of record hav-
ing jurisdiction over the acts hereby prohibited, and thereupon the At-
torney General, upon being directed so to do by the Governor, shall take
such steps as he may deem proper in directing the institution and prose-
cution of criminal proceedings, to secure the enforcement of this section.

(f) After a hearing, the Alcoholic Beverage Control Board shall
suspend or revoke the license of any person who it shall find has vio-
lated or permitted the violation of this act upon premises for which the
said board shall have issued a license for the sale of wine or beer to the
public. , ; , : , :