Yes, fish tables are illegal in North Carolina. State law bans games of chance played for money, and North Carolina courts have repeatedly held that fish table games are decided by chance rather than skill, no matter how the machines are marketed. Operating them is a misdemeanor on a first offense and a felony on a second, players can be charged too, and law enforcement can seize the machines and the cash inside them.
Why the Law Treats Fish Tables as Gambling
Fish tables are multiplayer video games where players use a joystick or buttons to shoot at animated sea creatures on a shared screen. Each shot costs credits, hits pay out credits, and credits convert to cash. Operators call them “skill arcades.” North Carolina law calls them slot machines.
The state’s slot machine definition is deliberately broad: any machine that takes payment and gives the user a chance to receive money, credits, or anything of value qualifies.1North Carolina General Assembly. North Carolina General Statutes 14-306 – Slot Machine or Device A companion statute specifically prohibits video gaming machines whose outcome does not depend on the player’s skill, and bans electronic sweepstakes conducted through an “entertaining display,” which is the flashy interface fish tables use.2North Carolina General Assembly. North Carolina General Statutes 14-306.1A – Types of Machines and Devices Prohibited by Law Ordinary amusement arcade games are carved out, but only when they pay nothing redeemable for value. Tribal casinos operating under an approved Class III compact are also exempt. Neither carve-out covers a bar, gas station, or storefront running fish tables.
The legal test that decides borderline cases is whether chance or skill predominates in determining the outcome. Fish table operators argue that aiming takes hand-eye coordination and target selection. Courts have rejected that framing. Aiming may influence which fish you shoot at, but the software’s payout algorithm decides whether the fish dies and what it pays, and a skilled player cannot reliably override that randomness.
The 2024 Ruling That Closed the Door
The North Carolina Court of Appeals took this on directly in No Limit Games, LLC v. Sheriff of Robeson County, decided December 31, 2024. The court held that chance predominated over skill in the plaintiff’s games and reversed a lower court order that had let the machines keep running.3Justia Law. No Limit Games LLC v Sheriff of Robeson County The court’s point was blunt: the question is not whether skill plays any role, but whether skill actually lets the player control whether they win and how much. Being better at a game of chance does not turn it into a game of skill. After that decision, the “skill game” defense has effectively no traction in North Carolina.
Penalties for Operating Fish Tables
Two statutes can apply, and which one the state charges makes a large difference at sentencing.
Under the general gambling and gaming table statutes, operating a game of chance for money is a Class 2 misdemeanor, and so is keeping a gaming table or illegal slot machine.4North Carolina General Assembly. North Carolina General Statutes 14-292 – Gambling5North Carolina General Assembly. North Carolina General Statutes 14-295 – Keeping Gaming Tables A Class 2 misdemeanor can carry up to 60 days in jail for someone with no prior convictions.
When the charge is brought under the video gaming machine statute, the penalties escalate quickly with repeat offenses:
- First offense: Class 1 misdemeanor, up to 120 days in jail.
- Second offense: Class H felony, roughly 4 to 25 months depending on criminal history.
- Third or subsequent offense: Class G felony, roughly 8 to 31 months.6North Carolina General Assembly. North Carolina General Statutes 14-309 – Violation a Misdemeanor
That jump from misdemeanor to felony catches operators off guard. A second conviction doesn’t require a second police visit on the same day. It means a second separate conviction, which can arrive months or years later if the operator reopens the same business, moves to a new address, or opens under a new name.
Can Players Be Charged?
Yes. Betting money on a game of chance is a Class 2 misdemeanor under the same gambling statute that applies to operators.4North Carolina General Assembly. North Carolina General Statutes 14-292 – Gambling Playing at an illegal gaming table is separately a Class 2 misdemeanor.5North Carolina General Assembly. North Carolina General Statutes 14-295 – Keeping Gaming Tables In practice, enforcement usually targets the operators, but the exposure for players is on the books.
What Happens to the Machines and the Money
Sheriffs and other law enforcement officers can seize fish table machines and any other prohibited gaming devices when there’s probable cause to believe they’re being used illegally, and hold them pending a court order.7North Carolina General Assembly. North Carolina General Statutes 14-298 – Seizure of Illegal Gaming Items If a court finds the machine unlawful to possess, it can order the device destroyed or turned over to law enforcement for training use.
Getting in the way of that process brings its own charges. Anyone who opposes the destruction of a seized machine, or tries to move seized money or property, faces a $1,000 forfeiture and a separate Class 2 misdemeanor on top of the underlying gambling charges.8North Carolina General Assembly. North Carolina General Statutes 14-300 – Opposing Destruction of Gaming Table
Businesses with an ABC permit have more to lose. State law directs the ABC Commission to summarily suspend the permit of any business where an investigation reveals gambling violations, so a fish table operation can cost a bar or store its alcohol license before the criminal case is anywhere near resolved.9North Carolina Department of Public Safety. ALE Laws and Rules
Who Enforces This and How to Report It
North Carolina’s Alcohol Law Enforcement division is the lead state agency for gambling enforcement, and it works alongside local police and sheriff’s offices, both of which have independent authority to seize illegal gaming devices.10North Carolina Department of Public Safety. Alcohol Law Enforcement7North Carolina General Assembly. North Carolina General Statutes 14-298 – Seizure of Illegal Gaming Items
To report a business running fish tables, call ALE at 1-877-ALE-AGENT or email alehq.headquarters@ncdps.gov. Complaints can also go to your local police department or sheriff’s office.