Virginia Regulatory Town Hall
Department of Agriculture and Consumer Services
Department of Agriculture and Consumer Services, Charitable Gaming
Charitable Gaming Regulations [11 VAC 20 ‑ 20]
Action Promulgation of Charitable Gaming Regulations by Department of Agriculture and Consumer Services, including electronic gaming provisions
Stage Proposed
Comment Period Ended on 11/23/2022
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11/23/22  6:21 pm
Commenter: Josh David, VFW 9760

Changes Please.

Please except these comments and recommendations for the record.

Veterans’ organizations fill a unique need and place in American society and are recognizes by the IRS with our unique status.

According to the IRS, veterans’ organizations must be operated exclusively for one or more of the following purposes:

  *  to promote the social welfare of the community (e.g., to promote the common good and general welfare of the people of the community, to assist disabled and needy war veterans and members of the United States Armed Forces and their dependents - and the widows and orphans of deceased veterans,

  * to provide entertainment, care, and assistance to hospitalized veterans or
members of the United States Armed Forces

  * to carry on programs to perpetuate the memory of deceased veterans and members of the United States Armed Forces and comfort their survivors

  * to conduct programs for religious, charitable, scientific, literary or educational purposes

  * to sponsor or participate in activities of a patriotic nature

  * to provide insurance benefits for members or their dependents or

  * to provide social and recreational activities for members

1.   The ability of VFW 9760 to raise funds through charitable gaming depends on our ability to keep our doors open.  We have a large post that requires a paid staff and monies to pay utility and maintanence.  Our paid staff runs our gaming, provides security and manages our social quarters.  Prohibiting the use of gaming funds for salaries will necessitate limiting hours, raising fees and potentially lowering our ability to remain open.

2.  The Use of Funds percentages and accounting requirements are cumbersome and confusing.  The frequency of required deposits and use of gross receipts, along with the reporting requirements will create unnecessary work and cause violations for no reason.  The purpose for which the VFW was chartered should also be recognized as a proper use of funds, Veteran physical and mental health benefits from our stated purposes.

3.  Some paid staff are not members of the VFW.  The requirement that gaming manager be a member AND on site at all times will necessitate the termination of some staff.

4. I request time to allow us to update their business processes and reporting requirements to comply with the new guidelines and delay implementation until 2023.

I request the Commission to consider the following requests:

  • Allow the wages and salaries directly related to gaming activities be charged to UOP with the remainder being charged to business expenses.
  • Allow utilities and maintenance to be charged to business expenses for organizations using their own facilities.
  • Restore the language that allows direct real property expenses to be charged to UOP with remainder charged to business expense.
  • Revisit the 40% UOP requirement for electronic pull tabs and adjust the requirement to a lower figure of 10%.
  • Allow the use of gaming funds to support membership functions such as appreciation dinners.
  • Establish a grace period to allow the VFW Posts to update their business processes and reporting requirements to comply with the new guidelines.
  • Revisit the daily reconciliation procedures and adopt procedures that are less cumbersome.
  • Allow the use of credit cards for authorized expenditures and donations.


CommentID: 206076