Chap. 247.—An ACT to amend the Code of Virginia by adding thereto a new
section numbered 4694-a, prohibiting the manufacture, owning, storing,
keeping, possessing, selling, exposing for sale, renting, lending, letting, giving
away, transportation, operation and use of, and offering to do any of such
acts with reference to, certain machines, apparatus or devices, herein defined
as slot machines ; providing penalties for violations; and providing for the
seizure and confiscation of such machines, apparatus and devices together
with all moneys and tokens therein. {H B 118]

Approved March 24, 1936

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section numbered
forty-six hundred and ninety-four-a, which said new section shall
read as follows:

Section 4694-a. Manufacturing, keeping, et certera, slot machines.

(a) It is unlawful for any person, firm, or corporation, other
than a duly licensed dealer in slot machines storing such machines for
sale outside of this State and in 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
to offer to sell, rent, lease, let on shares, lend or give away, or to permit
the operation of, or for any person to permit to be placed, maintained,
used or kept in any room, space or building owned, leased or occupied
by him or under his management or control, any slot machine or device
as hereinafter defined:

(2) To make or to permit to be made with any person any agree-
ment with reference to any slot machine or device, as hereinafter de-
fined, pursuant to which the user thereof, as a result of any element
of chance or other outcome unpredictable to him, may become entitled
to receive any money, credit, allowance, or thing of value or additional
chance or right to use such machine or device, or to receive any check,
slug, token or memorandum entitling the holder to receive any money,
credit, allowance or thing of value.

(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 unpredictable 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 exchanged 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; irrespec-
tive of whether it may, apart from any element of chance or unpredict-
able outcome of such operation, also sell, deliver or present some mer-
chandise, indication of weight, entertainment or other thing of value;
provided, however, that this section shall not apply to the operation of
pin-table machines, where the unpredictable outcome of the operation
of such machines is dependent upon the skill of the operator and where
the user or player may only secure automatically additional rights to
play the machine for amusement only and without the insertion of any
further slug, coin or token.

(c) Any person who violates any provision of this section shall
be guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than twenty-five dollars and not more than one thou-
sand 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 apparatus shall be destroyed.

Provided, however, that the foregoing act shall not become effective
before twelve o’clock midnight, December the thirty-first, nineteen hun-
dred and thirty-six.