Are ‘games of skill’ legal in SC? State looks to clarify gambling rules
Someone walks into a South Carolina bar, inserts a few coins into an electronic machine and shoots at virtual dragons. If the player slays enough dragons, they’ll win cash.
The game is illegal under state gambling laws, according to a state court of appeals decision from 2025. But a pair of House and Senate proposals would allow South Carolinians to win money on “games of skill.”
“The law, to me, is clear,” said Sen. Brian Adams, R-Berkeley, to reporters after the meeting. “It said the only thing that’s gambling is game of chance.” Adams chaired the subcommittee considering the bills.
The proposal says that paying a fee to participate in a competition, like NASCAR or a bass fishing tournament, is not gambling. Other “games of skill” would also not be considered gambling, including some electronic gaming machines, SLED told lawmakers.
South Carolinians wanting to play card games online for money still will be out of luck. Both proposals excluded card games from the gambling definition clarification.
Most gambling, like playing poker or sports betting, is illegal in South Carolina. The state lottery is legal.
Last year, a South Carolina appellate court determined video game machines with cash prizes are illegal, even when it is skill-based. At issue was a “Dragon’s Ascent” game in a Berkeley County bar. The game did not involve cards or dice, but players shot virtual dragons for money. The court said even if Dragon’s Ascent is a game of skill, it is still gambling.
Adam Whitsett, general counsel with the South Carolina Law Enforcement Division, said the proposals open the door for non-card games for money on electronic gaming devices, like Dragon’s Ascent. Then, courts would have to determine whether winning electronic video was determined by chance or skill, he said.
“I think then we would be litigating across the state whether it was skill or chance or what was the predominant factor in determining the outcome of the game,” Whitsett said.
Whitsett opposes cash payouts on gaming machines. He said wagers and entry fees for tournaments are fundamentally different, and SLED would not go after entry fees as gambling.
Local restaurant owners emphasized the cost of running their businesses and wanted the ability to set up “games of skill” machines. Bar owners told lawmakers they made thousands to tens of thousands of dollars on their machines before they were considered illegal.
“I think this is a lifeline that y’all could give restaurants,” said Travis Glenn, a Charleston restaurant owner.
A panel of lawmakers passed the bills to full committee unanimously Tuesday.