1/19/2018 1:29 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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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 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states: \"If this rule cannot be repealed, all bingo halls should be compelled to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 |
Take no action
Agency Response Date | 01/19/2018 |
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.