|Petition Title||Landlord participation in the management, operation, or conduct of any charitable games conducted on the landlord's premises|
|Date Filed||9/7/2017 [Transmittal Sheet]|
|Petitioner||Katherine Phelps, on behalf of patrons of the Redwood Community Association Bingo|
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 Petitioner further states: \"If this rule cannot be repealed, all bingo halls should be compelled to comply with this rule and not single out just one bingo hall.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.”
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.
|Comment Period||Ended 10/22/2017 323 comments|
|Agency Decision||Take no action [Transmittal Sheet]|
|Agency Decision Summary||
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.
|Name / Title:||Michael Menefee / Program Mgr, Charitable and Regulatory Programs|
102 Governor Street
|Telephone:||(804)786-3983 FAX: (804)371-7479 TDD: ()-|