1/19/2018 1:29 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Charitable Gaming Board
Regulatory Coordinator: Erin Williams

(804)786-7157

erin.williams@vdacs.virginia.gov
Agency Contact: Michael Menefee

Program Mgr, Charitable and Regulatory Programs

(804)786-3983

Michael.Menefee@vdacs.virginia.gov
Contact Address: Department of Agriculture and Consumer Services

102 Governor Street

Richmond, VA 23219
Chapter Affected:
11 vac 15 - 40: Charitable Gaming Regulations
Statutory Authority: State: Section 18.2-340.15 of the Code of Virginia

Federal:
Date Petition Received 09/07/2017
Petitioner Katherine Phelps, on behalf of patrons of the Redwood Community Association Bingo
 Petitioner's Request
Petitioner requests that the Charitable Gaming Board repeal subdivision E of 11 VAC 15-40-110 of the Charitable Gaming Regulations, which states, in part, that no landlord, his agent or employee, member of his immediate family, or person residing in the same household shall at charitable games conducted on the landlord's premises participate in the management, operation, or conduct of any charitable games.  Petitioner further states: \"If this rule cannot be repealed, all bingo halls should be compelled to comply with this rule and not single out just one bingo hall.  If all bingo halls are not compelled to comply, that is discrimination on the part of the gaming commission.  We, the undersigned, are patrons at Redwood Community Association Bingo and notice their owners are no longer working bingo.  However, when visiting other bingo halls, we notice that the owners of the property are head of the bingo and family members are workers, managers, etc."
 Agency Plan
The Charitable Gaming Board will consider this request at its next scheduled meeting following the public comment period.  This meeting will occur on December 5, 2017.
Publication Date 10/02/2017  (comment period will also begin on this date)
Comment End Date 10/22/2017
 Agency Decision
Take no action
Agency Response Date 01/19/2018
 Agency Decision Text
The Charitable Gaming Board (Board) voted to take no action on the petitioner's request for rulemaking for the following reasons: The Charitable Gaming Regulations, 11VAC15-40, was promulgated pursuant to the charitable gaming statutes of the Code of Virginia.  Section 18.2-340.16 of the charitable gaming statute defines "landlord" as "any person or his agent, firm, association, organization, partnership, or corporation, employee, or immediate family member thereof, which owns and leases, or leases any premises devoted in whole or in part to the conduct of bingo games, and any person residing in the same household as a landlord."  Section 18.2-340.33(7) of the charitable gaming statute states "no landlord shall, at bingo games conducted on the landlord's premises, (i) participate in the conduct, management, or operation of any bingo games...". As such, 11VAC15-40-110(E) of the Charitable Gaming Regulations, which states "no landlord, his agent or employee, member of his immediate family, or person residing in the same household shall at charitable games conducted on the landlord's premises participate in the management, operation, or conduct of any charitable games," is a restatement of the existing law. The Board does not have the authority to allow by regulation conduct that is prohibited by law, thus the Board voted to take no action on the petitioner's request. The Board noted that, though it is sympathetic to the petitioner's request, maintaining a distinction between the landlord and the organization that is leasing a premises from the landlord in order to conduct bingo is paramount in promoting integrity within charitable gaming throughout the Commonwealth.