These regulations creating restrictions on landlord’s ability to operate a poker tournament (11VAC20-30-130 (G) (1)) cannot be passed by regulation because the General Assembly has not given the Department the authority to do so.

The proposed regulation 11 VAC 20-30-130 (G) (1), prohibits a landlord (including immediate family members) from participating in any way in the administration of poker played on the landlord’s premises.  This proposed regulation states: 

11 VAC 20-30-130 (G) (1) A landlord, its agent, or its employees or the immediate family members or persons residing in the household of such landlord, agent, or employee shall not:

1. Participate in the management, operation, conduct, or administration of any poker tournament operated, conducted, or administered on the landlord's premises;

In short, this proposed regulation seeks to bar a landlord from also being an operator of a poker tournament on its premises.  While this may or may not be a good idea, regulations on this topic are not authorized by the legislature.  As previously discussed in my comments on 11VAC20-30-90F. “A qualified organization may not hold concurrent poker tournaments.” nowhere in the Code nor enactment languages on a bill is there language regarding regulations concerning a landlord’s involvement with operating a poker tournament.   Thus, a rule prohibiting landlords from participating in operations of a poker tournament cannot be promulgated by the Department.