By Catharin Shepard • Editor • Hoke and Moore County District Attorney Mike Hardin issued a cease and desist letter Wednesday to the Hoke County Board of Commissioners, informing them that changes the board made to the zoning ordinance governing electronic gaming machines and establishments are against state law. Hardin directed the board to repeal the changes, and suggested the county revoke permits that have been issued to electronic gaming establishments.
As previously reported in The News-Journal, the Hoke County commissioners changed the county zoning ordinance to impose a $500-a-year fee per machine in exchange for issuing a county permit. At the board’s meeting August 4, the commissioners additionally approved changing the ordinance to allow establishments – mostly, gas stations – to have the machines and still hold an ABC permit to sell alcohol.
Hoke County Sheriff Roderick Virgil issued a statement Tuesday saying that the machines are illegal, and cited state statutes that appeared to contradict the commission’s actions.
Hardin issued his letter Wednesday afternoon to County Attorney Grady Hunt and also sent the letter to The News-Journal.
In the letter, Hardin cited state statute, said that the ordinance changes went against state law, and directed the county to remove the changes.
“Although I believe the state of the law in North Carolina is abundantly clear, I am intending this letter to serve as direct notice to the Hoke County Board of Commissioners. I am requesting that the Hoke County Board of Commissioners immediately repeal the current local ordinances that violate North Carolina State Law involving electronic gaming machines and cease and desist issuing permits and collecting fees for businesses operating these machines. I would also suggest that all current permits be revoked, and all permit holders be notified immediately.”
The full letter is attached below.
Since August 4, the News-Journal has been seeking public records from the county including the permits issued for electronic gaming establishments. The newspaper requested the records from interim county planner Jackie Lowery by email August 4, and did not receive a response. The newspaper made the same request to Lowery, the county attorney, the county manager and all five county commissioners on August 14, and has not received a response.
The News-Journal sent a request for those documents and additional information by email to the interim county planner, county attorney, county manager and all five county commissioners by email on August 27.
The request asks for the following information:
- All permits issued for electronic gaming machines both individually and establishments or locations
- All applications submitted for those permits
- Documentation of any money received by the county for issuing those permits
The newspaper has also reached out to the county and county commissioners seeking comment about the matter.
The full statement from the sheriff’s office is below:
The Hoke County Sheriff’s Office announced on Tuesday, August 26, 2025, that recently, there has been confusion about the legalities of Video Gaming Machines in Hoke County. At this time, it is NOT legal to operate these types of establishments. As stated, in North Carolina General Statute 14-306 1A, it is illegal to have any slot machine or video gaming device that displays video poker, video card games, video keno, video bingo, video craps, or video lotto.
The devices also may not simulate any type of slot machine or pot-o-gold machines. It is also illegal for cash pay outs at any such establishment. It is in violation of ABC laws to consume and/or sell alcohol where these machines may be located.
It is also illegal to operate server-based games of chance. These are found in many “internet cafe” establishments. It is also illegal to manufacture, house, transport, or work on such devices unless it is for a company located outside of North Carolina.
Per North Carolina statute 14-307 and the issuing of permits; There shall be no state, county, or municipal tax levied for the privilege of operating the machines or devices the operation of which is prohibited by G.S. 14-304 through 14-309.