18.2-340.19 - Regulations of the Board.
§ 18.2-340.19. Regulations of the Board.
A. The Board shall adopt regulations which:
1. Require, as a condition of receiving a permit, that the applicant use apredetermined percentage of its gross receipts for (i) those lawfulreligious, charitable, community or educational purposes for which theorganization is specifically chartered or organized or (ii) those expensesrelating to the acquisition, construction, maintenance or repair of anyinterest in real property involved in the operation of the organization andused for lawful religious, charitable, community or educational purposes. Theregulation may provide for a graduated scale of percentages of gross receiptsto be used in the foregoing manner based upon factors the Board findsappropriate to and consistent with the purpose of charitable gaming.
2. Specify the conditions under which a complete list of the organization'smembers who participate in the management, operation or conduct of charitablegaming may be required in order for the Board to ascertain the percentage ofVirginia residents in accordance with subdivision A 3 of § 18.2-340.24.
Membership lists furnished to the Board or Department in accordance with thissubdivision shall not be a matter of public record and shall be exempt fromdisclosure under the provisions of the Freedom of Information Act (§ 2.2-3700et seq.).
3. Prescribe fees for processing applications for charitable gaming permits.Such fees may reflect the nature and extent of the charitable gaming activityproposed to be conducted.
4. Establish requirements for the audit of all reports required in accordancewith § 18.2-340.30.
5. Define electronic and mechanical equipment used in the conduct ofcharitable gaming. Board regulations shall include capacity for suchequipment to provide full automatic daubing as numbers are called. For thepurposes of this subdivision, electronic or mechanical equipment for instantbingo, pull tabs, or seal cards shall include such equipment that displaysfacsimiles of instant bingo, pull tabs, or seal cards and are used solely forthe purpose of dispensing or opening such paper or electronic cards, or both;but shall not include (i) devices operated by dropping one or more coins ortokens into a slot and pulling a handle or pushing a button or touchpoint ona touchscreen to activate one to three or more reels marked into horizontalsegments by varying symbols, where the predetermined prize amount depends onhow and how many of the symbols line up when the rotating reels come to rest,or (ii) other similar devices that display flashing lights or illuminations,or bells, whistles, or other sounds, solely intended to entice players toplay.
6. Prescribe the conditions under which a qualified organization may (i)provide food and nonalcoholic beverages to its members who participate in themanagement, operation or conduct of bingo; (ii) permit members whoparticipate in the management, operation or conduct of bingo to play bingo;and (iii) subject to the provisions of subdivision 13 of § 18.2-340.33,permit nonmembers to participate in the conduct of bingo so long as thenonmembers are under the direct supervision of a bona fide member of theorganization during the bingo game.
7. Prescribe the conditions under which a qualified organization may sellraffle tickets for a raffle drawing that will be held outside theCommonwealth pursuant to subsection B of § 18.2-340.26.
8. Prescribe the conditions under which persons who are bona fide members ofa qualified organization or a child, above the age of 13 years, of a bonafide member of such organization may participate in the conduct or operationof bingo games.
9. Prescribe the conditions under which a person below the age of 18 yearsmay play bingo, provided such person is accompanied by his parent or legalguardian.
10. Require all qualified organizations that are subject to Board regulationsto post in a conspicuous place in every place where charitable gaming isconducted a sign which bears a toll-free telephone number for "GamblersAnonymous" or other organization which provides assistance to compulsivegamblers.
B. In addition to the powers and duties granted pursuant to § 2.2-2456 andthis article, the Board may, by regulation, approve variations to the cardformats for bingo games provided such variations result in bingo games thatare conducted in a manner consistent with the provisions of this article.Board-approved variations may include, but are not limited to, bingo gamescommonly referred to as player selection games and 90-number bingo.
(1995, c. 837; 1996, c. 919; 1997, cc. 777, 838; 1998, c. 845; 2001, c. 833;2003, c. 884; 2006, c. 644; 2010, cc. 429, 572.)