Final Text
CHAPTER 22
CHARITABLE GAMING RULES AND REGULATIONS (REPEALED)
Part I
Definitions
11VAC15-22-10. Definitions. (Repealed.)
In addition to the definitions contained in § 18.2-340.16
of the Code of Virginia, the words and terms below, when used in this chapter,
shall have the following meanings unless the context clearly indicates
otherwise:
"Board" means the Virginia Charitable Gaming
Board.
"Board of directors" means the board of
directors, managing committee or other supervisory body of a qualified
organization.
"Calendar day" means the period of 24 consecutive
hours commencing at 12:01 a.m. and concluding at midnight.
"Calendar week" means the period of seven
consecutive calendar days commencing at 12:01 a.m. on Sunday and ending at
midnight the following Saturday.
"Cash" means United States currency or coinage.
"Commissioner" means the Commissioner of the
Virginia Department of Agriculture and Consumer Services.
"Concealed face bingo card" means a nonreusable
bingo card constructed to conceal the card face. This type of card is commonly
referred to under trade names such as "Tear-open" or "Bonanza
Bingo."
"Conduct" means the actions associated with the
provision of a gaming operation during and immediately before or after the
permitted activity, which may include, but not be limited to (i) selling bingo
cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle
tickets; (ii) calling bingo games; (iii) distributing prizes; and (iv) any
other services provided by volunteer workers.
"DCG number" means a unique identification number
issued by the department.
"Daubing" means covering a square containing a
number called with indelible ink or otherwise concealing the number on a card
or an electronic facsimile of a card.
"Deal" means each separate package or series of
packages consisting of one game of instant bingo, pull-tabs or seal cards with
the same serial number.
"Decision bingo" means a bingo game where the
cost to a player to play is dependent on the number of balls called and the
prize payout is in direct relationship to the number of participants and the
number of balls called, but shall not exceed statutory prize limits for a
regular bingo game.
"Department" means the Virginia Department of
Agriculture and Consumer Services, Division of Charitable Gaming.
"Discount" means any reduction in cost of
admission or game packs or any other purchases through use of coupons, free
packs or other similar methods.
"Disinterested player" means a player who is
unbiased.
"Disposable paper card" means a nonreusable,
paper bingo card manufactured with preprinted numbers.
"Door prize" means any prize awarded by the
random drawing or random selection of a name or number based solely on
attendance at a gaming session.
"Electronic bingo device" means an electronic
device that uses proprietary software or hardware, or in conjunction with
commonly available software and computers, displays facsimiles of bingo cards
and allows a player to daub such cards.
"Fiscal year" or "annual reporting
period" means the 12-month period beginning January 1 and ending December
31 of any given year.
"Flare" means a piece of paper, cardboard or
similar material that bears printed information relating to the name of the
manufacturer or logo, name of the game, card count, cost per play, serial
number, the number of prizes to be awarded and the specific prize amounts in a
deal of instant bingo, pull-tab or seal cards.
"Free space number," "perm number,"
"center number," "card number" or "face number"
means the number generally printed in the center space of a bingo card that
identifies the unique pattern of numbers printed on that card.
"Game program" means a written list of all games
to be played including, but not limited to, the sales price of all bingo paper
and electronic bingo devices, pack configuration, prize amounts to be paid
during a session for each game, and an indication whether prize amounts are
fixed or are based on attendance.
"Immediate family" means one's spouse, parent,
child, sibling, grandchild, grandparent, mother or father-in-law or stepchild.
"Interested persons" means the president, an
officer or bingo manager of any qualified organization which is exempt or is a
permit applicant or holds a permit to conduct charitable gaming or the owner,
director, officer or partner of an entity engaged in supplying charitable
gaming supplies to organizations.
"IRS" means the United States Internal Revenue
Service.
"Lucky Seven" means a bingo game as authorized in
§ 18.2-340.33 (9a) (b) of the Code of Virginia.
"Management" means the provision of oversight of
a gaming operation, which may include, but is not limited to, the
responsibilities of applying for and maintaining a permit or authorization,
compiling, submitting and maintaining required records and financial reports,
and ensuring that all aspects of the operation are in compliance with all
applicable statutes and regulations.
"Manufacturer" means a person who assembles from
raw materials or subparts a completed piece of bingo or other charitable gaming
equipment or supplies. "Manufacturer" also means a person who
modifies, converts, adds or removes parts to or from bingo or other charitable
gaming equipment or supplies to further their promotion or sale for the conduct
of charitable gaming.
"Operation" means the activities associated with
production of a charitable gaming activity, which may include, but not be
limited to (i) the direct on-site supervision of the conduct of charitable
gaming; (ii) coordination of volunteers; and (iii) all responsibilities of
charitable gaming designated by the organization's management.
"Owner" means any individual with financial
interest of 10% or more in a supplier.
"Pack" means sheets of bingo paper or electronic
facsimiles assembled in the order of games to be played. This may include
specials and jackpots, but shall not include any winner-take-all, Lucky Seven
or raffle.
"Prize" means cash, merchandise, certificate or
other item of value awarded to a winning player.
"Progressive seal card" means a seal card game in
which a prize is carried forward to the next deal if not won when a deal is
completed.
"Remuneration" means payment in cash or the
provision of anything of value for goods provided or services rendered.
"Seal card" means a board or placard used in conjunction
with a deal of the same serial number which contains one or more concealed
areas that, when removed or opened, reveal a predesignated winning number,
letter or symbol located on that board or placard.
"Serial number" means a unique number printed by
the manufacturer on each bingo card in a set, each instant bingo, pull-tab, or
seal card in a deal, each electronic bingo device, or each door prize ticket.
"Series number" means the number of unique card
faces contained in a set of disposable bingo paper cards or bingo hard cards. A
9000 series, for example, has 9000 unique faces.
"Session" means a period of time during which one
or more bingo games are conducted that begins with the selection of the first
ball for the first game and ends with the selection of the last ball for the
last game.
"Treasure chest" means a raffle including a
locked treasure chest containing a prize that a participant, selected through
some other authorized charitable game, is afforded the chance to select from a
series of keys a predetermined key that will open the locked treasure chest to
win a prize.
"Use of proceeds" means the use of funds derived
by an organization from its charitable gaming activities which are disbursed
for those lawful religious, charitable, community or educational purposes. This
includes expenses relating to the acquisition, construction, maintenance or
repair of any interest in the real property involved in the operation of the
organization and used for lawful religious, charitable, community or educational
purposes.
"WINGO" is a variation of a traditional bingo
game that uses visual devices rather than a verbal caller and is played by
hearing impaired persons.
Part II
Permits
11VAC15-22-20. Eligibility for permit to conduct charitable
gaming; when valid; permit requirements. (Repealed.)
A. The conduct of charitable gaming is a privilege that may
be granted or denied by the department. Except as provided in § 18.2-340.23 of
the Code of Virginia, every eligible organization and volunteer fire department
and rescue squad with anticipated gross gaming receipts that exceed $40,000 in
any 12-month period shall obtain a permit from the department prior to the
commencement of charitable gaming activities. To be eligible for a permit an
organization must meet all of the requirements of § 18.2-340.24 of the Code of
Virginia.
B. Pursuant to § 18.2-340.24 B of the Code of Virginia, the
department shall review a tax exempt request submitted to the IRS for a tax
exempt status determination and may issue an interim certification of
tax-exempt status solely for the purpose of charitable gaming, conditioned upon
a determination by the IRS. A nonrefundable fee of $500 payable to the
Treasurer of Virginia shall be charged for this review.
C. A permit shall be valid only for activities, locations,
days, dates and times as listed on the permit.
D. In accordance with § 18.2-340.19 A 1 of the Code of
Virginia, as a condition of receiving a permit, a minimum of 10% of charitable
gaming gross receipts shall be used for (i) those lawful religious, charitable,
community or educational purposes for which the organization is specifically
chartered or organized or (ii) those expenses relating to the acquisition,
construction, maintenance or repair of any interest in real property involved
in the operation of the organization and used for lawful religious, charitable,
community or educational purposes:
E. If an organization fails to meet the minimum use of
proceeds requirement, its permit may be suspended or revoked. However, the
department shall not suspend or revoke the permit of any organization solely
because of its failure to meet the required percentage without having first
provided the organization with an opportunity to implement a corrective action
plan. In such a case, the organization shall be afforded the opportunity to
enter into a consent order with the department specifying the proposed
corrective action and the timeframe to accomplish the plan.
F. An organization may request a temporary reduction in the
predetermined percentage specified in subsection D of this section from the
department. In reviewing such a request, the department shall consider such
factors appropriate to and consistent with the purpose of charitable gaming,
which may include, but not be limited to (i) the organization's overall
financial condition; (ii) the length of time the organization has been involved
in charitable gaming; (iii) the extent of the deficiency; and (iv) the progress
that the organization has made in attaining the minimum percentage in
accordance with a corrective action plan pursuant to subsection E of this
section.
G. An organization whose permit is revoked for failure to
comply with provisions set forth in subsection D of this section shall be
eligible to reapply for a permit at the end of one year from the date of
revocation. The department, at its discretion, may issue the permit if it is
satisfied that the organization has made substantial changes to its management,
operations or both.
11VAC15-22-30. Permit application process. (Repealed.)
A. Organizations anticipating gross gaming receipts that
exceed $40,000 shall complete a department-prescribed application to request
issuance or renewal of an annual permit to conduct charitable gaming. The
application shall be accompanied by a nonrefundable fee payable to the
Treasurer of Virginia in the amount of $200. Volunteer fire departments or
rescue squads or auxiliary units thereof that have been recognized in
accordance with § 15.2-955 of the Code of Virginia shall be exempt from the
payment of applications fees.
B. The department may initiate action against any
organization exempt from permit requirements when it reasonably believes the
organization is not in compliance with the provisions of charitable gaming laws
or applicable regulations, or both, of the board.
C. Permit holders requiring a special permit pursuant to §
18.2-340.27 E of the Code of Virginia shall convey their request on a form
prescribed by the department. There shall be a $50 fee for special permits.
Volunteer fire departments or rescue squads or auxiliary units thereof that
have been recognized in accordance with § 15.2-955 of the Code of Virginia
shall be exempt from the payment of applications fees.
D. Permits shall be valid for a period of one year from the
date of issuance or for a period specified on the permit. The department may
issue permits for periods of less than one year.
E. Permits shall be granted only after a background
investigation of an organization or interested persons, or both, to ensure
public safety and welfare as required by § 18.2-340.25 of the Code of Virginia.
Investigations shall consider the nature, the age and severity and the potential
harm to public safety and welfare of any criminal offenses. The investigation
may include, but shall not be limited to, the following:
1. A search of Virginia criminal history records for the
chief executive officer and chief financial officer of the organization.
Information and authorization to conduct these records checks shall be provided
in the permit application. In addition, the department shall require that the
organization provides assurances that all other members involved in the
management, operation, or conduct of charitable gaming meet the requirements of
subdivision 13 of § 18.2-340.33 of the Code of Virginia. Applications may be
denied if:
a. Any person participating in the management of any
charitable gaming has ever been:
(1) Convicted of a felony; or
(2) Convicted of any misdemeanor involving fraud, theft, or
financial crimes within the preceding five years.
b. Any person participating in the conduct of charitable
gaming has been:
(1) Convicted of any felony in the preceding 10 years; or
(2) Convicted of any misdemeanor involving fraud, theft or
financial crimes within the preceding five years;
2. An inquiry as to whether the organization has been
granted tax-exempt status pursuant to § 501 (c) by the Internal Revenue Service
and is in compliance with IRS annual filing requirements;
3. An inquiry as to whether the organization has entered
into any contract with, or has otherwise employed for compensation, any persons
for the purpose of organizing or managing, operating or conducting any
charitable gaming activity;
4. Inquiries into the finances and activities of an
organization and the sources and uses of funds; and
5. Inquiries into the level of community or financial
support to the organization and the level of community involvement in the
membership and management of the organization.
F. The permit application for an organization that has not
previously held a permit shall include:
1. A list of members participating in the management or
operation of charitable gaming. For any organization that is not composed of
members, a person who is not a bona fide member may volunteer in the conduct of
a charitable game as long as that person is directly supervised by a bona fide
official member of the organization;
2. A copy of the articles of incorporation, bylaws, charter,
constitution or other appropriate organizing document;
3. A copy of the determination letter issued by the IRS
under § 501(c) of the Internal Revenue Code, if appropriate, or a letter from
the national office of an organization indicating the applicant organization is
in good standing and is currently covered by a group exemption ruling. A letter
of good standing is not required if the applicable national or state office has
furnished the department with a listing of member organizations in good
standing in the Commonwealth as of January 1 of each year and has agreed to
promptly provide the department any changes to the listing as they occur;
4. A copy of the organization's most recent annual financial
statement and balance sheet, or most recent Form 990 that has been filed with
the IRS;
5. A copy of the written lease or proposed written lease
agreement and all other agreements if the organization rents or intends to rent
a facility where bingo is or will be conducted. Information on the lease shall
include name, address, phone number of the landlord, square footage and maximum
occupancy of the building and the rental amount per session; and
6. An authorization by an officer or other appropriate
official of an organization to permit the department to determine whether the
organization has been investigated or examined by the Internal Revenue Service
in connection with charitable gaming activities during the previous three
years.
G. Copies of minutes of meetings of an organization and any
contracts with landlords or suppliers to which the organization is, or may be a
party, may be requested by the department prior to rendering a permitting
decision.
H. Organizations applying to renew a permit previously
issued by the department shall submit articles of incorporation, bylaws,
charter, constitution or other organizing document and IRS determination letter
only if there are any amendments or changes to these documents that are
directly related to the management, operation or conduct of charitable gaming.
I. Organizations may request permits to conduct joint bingo
games as provided in § 18.2-340.29 of the Code of Virginia:
1. In the case of a joint game, all the organizations shall
file a permit application.
2. The nonrefundable permit fee for joint games shall be a
total of $200. Volunteer fire departments or rescue squads or auxiliary units
thereof that have been recognized in accordance with § 15.2-955 of the Code of
Virginia shall be exempt from the payment of applications fees.
3. A single permit shall be issued in the names of all the
organizations conducting a joint game. All restrictions and prohibitions
applying to single organizations shall apply to qualified organizations jointly
conducting bingo games pursuant to § 18.2-340.29 of the Code of Virginia.
4. No charitable gaming shall be conducted prior to the
issuance of a joint permit.
5. Applications for joint games shall include an explanation
of the division of manpower, costs and proceeds for the joint game.
J. An organization wishing to change dates, times or
locations of its charitable gaming shall request a change in the permit. Change
requests shall be made in writing on a form prescribed by the department at
least 30 days in advance of the proposed effective date.
K. Changes in dates, times or locations due to inclement
weather, disasters, or other circumstances outside the organization's control
may be made without a change in the permit. The organization shall request such
a change on a form prescribed by the department as soon as the necessity for
the change is known.
L. A nonrefundable fee of $50, payable to the Treasurer of
Virginia, shall be submitted with a request for a permit change. The fee shall
not be charged for changes as described in subsection K of this section.
Volunteer fire departments or rescue squads or auxiliary units thereof that
have been recognized in accordance with § 15.2-955 of the Code of Virginia
shall be exempt from the fee for a permit change.
M. An organization may sell raffle tickets for a drawing to
be held outside of the Commonwealth of Virginia in the United States provided:
1. The raffle is conducted by the organization in
conjunction with a meeting outside the Commonwealth of Virginia or with another
organization which is licensed to conduct raffles outside the Commonwealth of
Virginia;
2. The raffle is conducted in accordance with these
regulations and the laws and regulations of the state where the drawing is to
be held; and
3. The portion of the proceeds derived from the sale of
raffle tickets in the Commonwealth is reported to the department.
N. Any permitted organization that ceases to conduct
charitable gaming shall immediately notify the department in writing, return
its permit to the department, and provide the department a report as to the
disposition of all unused gaming supplies.
11VAC15-22-35. Suspension, revocation, or denial of permit.
(Repealed.)
A. Pursuant to § 18.2-340.20 of the Code of Virginia, the
department may suspend, revoke, or deny the permit to conduct charitable gaming
of any organization for cause including, but not limited to, any of the
following reasons:
1. The organization is found to be in violation of or has
failed to meet any of the requirements of the statutes or regulations governing
the operation, management, and conduct of charitable gaming in the
Commonwealth.
2. The organization is found to be not in good standing with
its state or national organization.
3. The IRS revokes or suspends the organization's tax-exempt
status.
4. The organization willfully and knowingly provides false
information in its application for a permit to conduct charitable gaming.
5. The organization is found to have a member involved in
the management, operation or conduct of its charitable gaming who has been
convicted of any felony or any misdemeanor as follows:
a. For any person participating in the management or
operation of any charitable gaming:
(1) Convicted of a felony, or
(2) Convicted of any misdemeanor involving fraud, theft or
financial crimes within the preceding five years.
b. For any person participating in the conduct of
charitable gaming:
(1) Convicted of any felony within the preceding 10 years,
or
(2) Convicted of any misdemeanor involving fraud, theft or
financial crimes within the preceding five years.
B. The failure to meet any of the requirements of §
18.2-340.24 of the Code of Virginia shall cause the automatic denial of the
permit, and no organization shall conduct any charitable gaming until the
requirements are met and a permit is obtained.
C. Except when an organization fails to meet any of the
requirements of § 18.2-340.24, in lieu of suspending, revoking or denying a
permit to conduct charitable gaming, the department may afford an organization
an opportunity to enter into a consent order specifying additional conditions
or requirements as it may deem necessary to ensure an organization's compliance
with the statutes and regulations governing the conduct of charitable gaming
activities and may require that an organization participates in such training
as is offered by the department.
D. If a permit is suspended, the department shall set the
terms of the suspension, which shall include the length of the suspension and a
requirement that, prior to reinstatement of the permit, the organization shall
submit a corrective action plan to address the conditions that resulted in the
suspension.
Part III
Conduct of Games, Rules of Play, Electronic Bingo
11VAC15-22-40. Conduct of bingo, instant bingo, pull-tabs,
seal cards, and raffles. (Repealed.)
A. Organizations subject to this chapter shall post their
permit at all times on the premises where charitable gaming is conducted.
B. No individual shall provide any information or engage in
any conduct that alters or is intended to alter the outcome of any charitable
game.
C. Individuals under 18 years of age may play bingo
provided such persons are accompanied by a parent or legal guardian. It shall
be the responsibility of the organization to ensure that such individuals are
eligible to play. An organization's house rules may further limit the play of
bingo or purchase raffle tickets by minors.
D. Individuals under the age of 18 may sell raffle tickets
for a qualified organization raising funds for activities in which they are
active participants.
E. No individual under the age of 18 may participate in the
management or operation of bingo games. Individuals 14 through 17 years of age
may participate in the conduct of a bingo game provided the organization
permitted for charitable gaming obtains and keeps on file written parental
consent from the parent or legal guardian and verifies the date of birth of
such youth. An organization's house rules may further limit the involvement of
minors in the conduct of bingo games.
F. No qualified organization shall sell any instant bingo,
pull-tab, or seal card to any individual under 18 years of age. No individual
under 18 years of age shall play or redeem any instant bingo, pull-tab, or seal
card.
G. Immediate family members of bona fide members and
surviving spouses of deceased bona fide members may participate as volunteer game
workers.
H. All volunteer game workers shall have in their
possession a picture identification, such as a driver's license or other
government-issued identification, while participating in the management,
operation or conduct of a bingo game.
I. A game manager who is a bona fide member of the
organization and is designated by the organization's management as the person
responsible for the operation of the bingo game during a particular session
shall be present any time a bingo game is conducted.
J. Organizations shall ensure that all charitable gaming
equipment is in working order before charitable gaming activities commence.
K. Any organization selling bingo, instant bingo,
pull-tabs, or seal cards shall:
1. Maintain a supplier's invoice or a legible copy thereof
at the location where the gaming is taking place and cards are sold. The
original invoice or legible copy shall be stored in the same storage space as
the gaming supplies. All gaming supplies shall be stored in a secure area that
has access limited only to bona fide members of the organization; and
2. Pay for all gaming supplies only by a check drawn on the
charitable gaming account of the organization.
A complete inventory of all such gaming supplies shall be
maintained by the organization on the premises where the gaming is being
conducted.
L. A volunteer working a bingo session may receive
complimentary food and nonalcoholic beverages provided on premises, as long as
the retail value of such food and beverages does not exceed $15 for each
session.
M. Permitted organizations shall not commingle records,
supplies or funds from permitted activities with those from instant bingo,
pull-tabs, or seal cards sold in social quarters in accordance with §
18.2-340.26:1 of the Code of Virginia.
N. Individuals who are not members of an organization or
are members who do not participate in any charitable gaming activities may be
paid reasonable fees for preparation of quarterly and annual financial reports.
O. No free packs, free electronic bingo devices, discounts
or remuneration in any other form shall be provided directly or indirectly to
volunteers, members of their family or individuals residing in their household.
The reduction of tuition, dues or any fees or payments due as a result of a member
or shareholder, or anyone in their household, working bingo games or raffles is
prohibited.
P. Individuals providing security for an organization's
charitable gaming activity shall not participate in the charitable gaming
activity and shall not be compensated with charitable gaming supplies or with
rentals of electronic bingo devices.
Q. No organization shall award any prize money or any
merchandise valued in excess of the amounts specified by the Code of Virginia.
R. Multiple bingo sessions shall be permitted in a single
premises as long as the sessions are distinct from one another and are not used
to advertise or do not result in the awarding of more in prizes than is
permitted for a single qualified organization. All leases for organizations to
conduct charitable gaming in a single premises shall be for sessions separated
by an interval of at least one hour. Bingo sales for the subsequent session may
take place during the one-hour break once the building is cleared of all
patrons and workers from the previous session.
S. All bingo and instant bingo, pull-tabs, or seal card
sales must occur within the time specified on the charitable gaming permit.
T. Instant bingo, pull-tabs, or seal cards shall only be
sold in conjunction with a regular bingo session. No instant bingo, pull tabs,
or seal card sales shall take place more than two hours before or after a
session. If multiple sessions are held at the same location, no instant bingo,
pull-tab, or seal card sales shall be conducted during the required one hour
break between sessions. The department may take action if it believes that a
regular bingo session is not legitimate or is being conducted in a manner such
that instant bingo, pull-tabs, or seal cards are not being sold in conjunction
with a normal, regular bingo session.
U. Only a volunteer game worker of qualified organizations
may rent, exchange or otherwise provide electronic bingo devices to players.
V. A qualified organization shall conduct only bingo games
and raffles listed on a game program for that session. The program shall list
all prize amounts. If the prize amounts are determined by attendance or at the
end of a game, the game program shall list the attendance required for the
prize amount or disclose that prizes shall be determined at the end of a game
and the method for determining the prize amount. In such case, the organization
shall announce the prize amount at the end of the game.
W. A qualified organization selling instant bingo,
pull-tabs, or seal cards shall post a flare provided by the manufacturer at the
location where such cards are sold. All such sales and prize payouts shall be
in accordance with the flare for that deal.
X. Only qualified organizations, facilities in which
qualified organizations play bingo and suppliers permitted by the department
shall advertise a bingo game. Providing players with information about bingo
games through printed advertising is permitted, provided the name of the
qualified organization shall be in a type size equal to or larger than the name
of the premises, hall or the word "bingo." Printed advertisements
shall identify the use of proceeds percentage reported in the past quarter or
fiscal year.
Y. Raffles which award prizes based on a percentage of gross
receipts shall use prenumbered tickets.
Z. The following rules shall apply to instant bingo,
pull-tab, or seal card dispensing devices:
1. A dispenser shall only be used at a location and time
during which a qualified organization holds a permit to conduct charitable
gaming. Only cards purchased by an organization to be used during the
organization's charitable gaming activity shall be in the dispenser.
2. Keys to the dispensing area and coin/cash box shall be in
the possession and control of the game manager or designee of the
organization's board of directors at all times. Keys shall at all times be
available at the location where the dispensing device is being used.
3. The game manager or designee shall provide access to a
department agent for inspection upon request.
4. Only a volunteer game worker of an organization may stock
the device, remove cash or pay winners' prizes.
AA. Organizations shall only purchase gaming supplies from
a supplier who has a current permit issued by the department.
BB. An organization shall not alter bingo paper from its
original form as invoiced from the supplier.
CC. The total amount of all discounts given by any
organization during any fiscal year shall not exceed 1.0% of the organization's
prior year gross receipts.
11VAC15-22-50. Rules of play. (Repealed.)
A. Each organization shall adopt "house rules"
regarding conduct of the game. Such rules shall be consistent with the
provisions of the law and this chapter. "House rules" shall be conspicuously
posted or, at an organization's option, printed on the game program.
B. All players shall be physically present at the location
where the balls for a bingo game are drawn to play the game or to claim a
prize. Seal card prizes that can only be determined after a seal is removed or
opened must be claimed within 30 days of the close of a deal. All other prizes
must be claimed on the game date.
C. The following rules of play shall govern the sale of
instant bingo, pull-tabs, and seal cards:
1. No cards that have been marked, defaced, altered,
tampered with or otherwise constructed in a manner that tends to deceive the
public or affect the chances of winning or losing shall be placed into play.
2. Winning cards shall have the winning symbol or number
defaced or punched immediately after redemption by the organization's
authorized representative.
3. An organization may commingle unsold instant bingo cards
and pull-tabs with no more than one additional deal. The practice of
commingling deals shall be disclosed to the public via house rules or in a
similar manner. Seal card deals shall not be commingled.
4. If a deal is not played to completion and unsold cards
remain, the remaining cards shall be sold on the next date the same type of
ticket is scheduled to be sold. If no future date is anticipated, the
organization shall, after making diligent efforts to sell the entire deal,
consider the deal closed or completed. The unsold cards shall be retained for
three years following the close of the fiscal year and shall not be opened.
5. All seal card games purchased shall contain the sign-up
sheet, seals and the cards packaged together in each deal.
6. Progressive seal card prizes not claimed within 30 days
shall be carried forward to the next progressive game in progress and paid to
the next progressive game prize winner.
D. Volunteer game workers may not play bingo at any session
they have worked after the session has started. Volunteer game workers may not
purchase directly or through others instant bingo, pull-tab, or seal card
products from organizations they assist on the day they have volunteered or
from any deal they have helped sell, whichever is later.
E. Electronic bingo.
1. Electronic bingo devices may be used by bingo players in
the following manner:
a. Players must input into the device each number called;
b. Players must notify the game operator or caller of a
winning pattern of bingo by a means other than use of the electronic device;
c. Players are limited to playing a maximum of 54 card
faces per device per game;
d. Electronic bingo devices shall not be reserved for
players. Each player shall have an equal opportunity to use the available
devices on a first come, first served basis;
e. Each electronic bingo device shall produce a player
receipt with the organization name, date, time, location, sequential
transaction or receipt number, number of electronic bingo cards loaded, cost of
electronic bingo cards loaded, date and time of the transaction, and device
identification number. Images of cards or faces stored in an electronic device
must be exact duplicates of the printed faces if faces are printed;
f. Department agents may examine and inspect any electronic
bingo device and related system. Such examination and inspection shall include
immediate access to the device and unlimited inspection of all parts and
associated systems and may involve the removal of equipment from the game
premises for further testing;
g. All electronic bingo devices must be loaded or enabled
for play on the premises where the game will be played;
h. All electronic bingo devices shall be rented or
otherwise provided to a player only by an organization and no part of the
proceeds of the rental of such devices shall be paid to a landlord, his
employee, agent or member of his immediate family; and
i. If a player's call of a bingo is disputed by another
player or if a department agent makes a request, one or more cards stored on an
electronic bingo device shall be printed by the organization.
2. Players may exchange a defective electronic bingo device
for another device provided a disinterested player verifies that the device is
not functioning. A disinterested player shall also verify that no numbers
called for the game in progress have been keyed into the replacement device
prior to the exchange.
F. The following rules of play shall govern the conduct of
raffles:
1. Before a prize drawing, each stub or other detachable
section of each ticket sold shall be placed into a receptacle from which the
winning tickets shall be drawn. The receptacle shall be designed so that each
ticket placed in it has an equal chance to be drawn.
2. All prizes shall be valued at fair market value.
G. The following rules shall apply to "decision
bingo" games:
1. Decision bingo shall be played on bingo cards in the
conventional manner.
2. Players shall enter a game by paying a predetermined
amount for each card face in play.
3. After the calling of each set of three numbers, players wishing
to continue playing shall pay an additional predetermined fee for each card in
play.
4. The prize amount shall be the total of all fees not to
exceed $100. Any excess funds shall be retained by the organization.
5. The predetermined amounts in subdivisions 2 and 3 of this
subsection shall be printed in the game program. The prize amount for a game
shall be announced before the prize is paid to the winner.
H. The following rules shall apply to "treasure
chest" games:
1. The organization shall list the treasure chest game on
the bingo game program as a "Treasure Chest Raffle."
2. The organization shall have house rules posted that
describe how the game is to be played.
3. The treasure chest participant shall only be selected
through some other authorized charitable game at the same bingo session.
4. The organization shall account for all funds as treasure
chest/raffle sales on the session reconciliation form.
5. If the player does not open the lock on the treasure
chest, the game manager or his designee shall proceed to try every key until
the correct key opens the treasure chest lock to show all players that one of
the keys will open the lock.
I. The following rules shall apply to "Lucky
Seven" games:
1. General rules.
a. A "Lucky Seven" bingo card shall have a single
face where seven numbers shall be chosen.
b. A "Lucky Seven" sheet shall have multiple
faces where seven numbers shall be chosen per face.
c. A player shall select seven numbers between the numbers
of 1 and 75.
d. No duplicate numbers shall be played on a purchased
face.
e. If a duplicate number appears on a face, then the card
shall be void.
f. "Lucky Seven" shall be played on a bingo card
or sheet, or electronic facsimile thereof.
g. "Lucky Seven" bingo paper (i.e., card(s) and
sheet(s)) shall conform to the construction and randomization standards in the
Charitable Gaming Supplier Regulations (11VAC15-31).
h. "Lucky Seven" shall be sold separately from
the bingo card(s) or sheet(s) issued for any other bingo game.
i. "Lucky Seven" shall not be a part of any pack
of any kind such as a convenience pack, super pack, etc.
j. The financial accounting for "Lucky Seven"
must include separate accounting for the "Lucky Seven" sales and
prize payouts as well as informational entries for each session that records
the following for the progressive jackpot: beginning balance, additions to the
progressive jackpot, payouts and ending balance that is to be carried over to
the next session.
k. "Lucky Seven" shall be listed on the game
program for the session it is played.
l. "Lucky Seven" game card(s) or sheet(s) pricing
shall be listed on the game program.
m. The pricing of "Lucky Seven" bingo card(s) or
sheet(s) shall be by the number of faces.
n. The price for a "Lucky Seven" bingo card or
sheet face shall be the same regardless of the number of faces purchased by a
player.
o. No discounts shall be allowed.
p. "Lucky Seven" paper shall not be given away as
a door prize.
q. There shall be no more than one "Lucky Seven"
game per organization per calendar day.
r. No volunteer may play "Lucky Seven" at any
session where he has worked.
s. The pricing for "Lucky Seven" faces shall
remain constant from when the progressive jackpot is first started until the
same jackpot has been won.
2. Progressive jackpot rules.
a. "Lucky Seven" shall begin with the calling of
16 random numbers by the game caller. These numbers will determine the winner of
the "Lucky Seven" progressive jackpot. If the progressive jackpot has
not been won during the session, then the maximum number of numbers called for
the following session shall be increased by one number. This shall continue
until the progressive jackpot has been won.
b. The amount of the progressive jackpot shall be announced
prior to the game being played at the session. Multiple winners shall evenly
split the progressive jackpot.
c. The initial progressive jackpot for the "Lucky
Seven" game shall not exceed $500.
d. The organization shall take into consideration the
number of players at its sessions when deciding the starting amount for its
progressive jackpot.
e. Any increase in the amount for the "Lucky
Seven's" progressive jackpot game shall be 50% of the moneys received from
the sales of "Lucky Seven" bingo card(s) or sheet(s) during the
previous session for which the sales occurred or $100 per session, whichever
amount is less.
f. Once the progressive jackpot has reached $5,000, the
organization shall not add any additional money generated from the sales of its
"Lucky Seven" bingo card(s) or sheet(s) from a session to the
jackpot.
g. The amount of numbers needed to win the "Lucky
Seven" progressive jackpot and the amount of the jackpot shall be posted
in a conspicuous place inside the bingo hall.
h. Once the progressive jackpot has been won, the next
progressive jackpot shall not start in excess of $500.
3. Regular or special prize rules.
a. If the progressive jackpot has not been won during the
session, then the game caller shall continue to call numbers at random until
there is a verified bingo winner of the regular or special prize amount.
b. The regular or special prize amount shall be announced
prior to the game being played. Multiple winners shall evenly split the regular
or special prize.
c. The regular or special prize amount shall be 50% of the
moneys received from the sales of "Lucky Seven" bingo card(s) or
sheet(s) during the current session or $100, whichever amount is less.
d. The regular or special prize amount shall not be awarded
when the progressive jackpot is won by a player.
J. The following rules shall apply to "WINGO":
1. "WINGO" shall be played only for the hearing
impaired players.
2. "WINGO" shall utilize a visual device such as
an oversized deck of cards in place of balls selected from a blower.
3. A caller must be in an area visible to all players and
shall randomly select cards or other visual devices one at a time and display
them so that all players can see them.
4. The organization must have house rules for
"WINGO" and the rules shall identify how players indicate that they
have won.
5. All financial reporting shall be consistent with
reporting for a traditional bingo game.
Part IV
Bank Accounts, Recordkeeping, Financial Reporting, Audits, Fees
11VAC15-22-60. Bank accounts. (Repealed.)
A. Qualified organizations shall maintain a charitable
gaming bank account that is separate from any other bank account and all gaming
receipts shall be deposited into the charitable gaming bank account.
B. Disbursements for expenses other than prizes and
reimbursement of meal expenses shall be made by check directly from a
charitable gaming account.
C. All charitable gaming bank account records, including
but not limited to monthly bank statements, canceled checks or facsimiles
thereof, and reconciliations shall be maintained for three years following the
close of a fiscal year.
D. All receipts from each session of bingo games and instant
bingo, pull-tabs, or seal cards shall be deposited by the second business day
following the session at which they were received.
E. Raffle proceeds shall be deposited at least once every
calendar week.
11VAC15-22-70. Recordkeeping. (Repealed.)
A. In addition to the records required by § 18.2-340.30 D
of the Code of Virginia, qualified organizations conducting bingo shall
maintain a system of records for a minimum of three years, unless otherwise
specified for each gaming session on forms prescribed by the department, or
reasonable facsimiles of those forms approved by the department, that include:
1. Charitable gaming supplies purchased and used;
2. A session reconciliation form and an instant bingo,
pull-tab, or seal card reconciliation form completed and signed within 48 hours
of the end of the session by the bingo manager;
3. All discounts provided;
4. A reconciliation to account for cash received from floor
workers for the sale of extra bingo sheets for any game;
5. Number of electronic bingo devices rented, unique serial
numbers of such devices, number of faces sold by each unit and a summary report
for each session to include date, time, location and detailed information on
income and expenses;
6. An admissions control system that provides a cross-check
on the number of players in attendance and admission sales. This may include a
ticket control system, cash register or any similar system;
7. All operating expenses including rent, advertising and
security. Copies of invoices for all such expenses shall also be maintained;
8. Expected and actual receipts from games played on hard
cards and number of games played on hard cards;
9. A record of the name and address of each winner for all
seal cards in addition, the winning ticket and seal card shall be maintained
for a minimum of 90 days after the session;
10. A record of all door prizes awarded; and
11. The name and address of each individual to whom any
prize or jackpot in excess of $599 from any charitable gaming is awarded, as
well as the amount of the award.
B. Qualified organizations conducting raffles shall have a
recordkeeping system to account for cash receipts, cash disbursements and
raffle tickets purchased or sold and prizes awarded. All records shall be
maintained for three years from the close of the fiscal year. The recordkeeping
system shall include:
1. Invoices for the purchase of raffle cards which shall reflect
the following information:
a. Name and address of supplier;
b. Name of purchaser;
c. Date of purchase;
d. Invoice price for each deal;
e. Form number and name of card;
f. Serial numbers;
g. Quantity purchased; and
h. Sales price of cards.
2. A record of cash receipts from raffle ticket sales by
tracking the total number of tickets available for sale, the number issued to
sellers, the number returned, the number sold and reconciliation of all raffle
sales to receipts;
3. Serial numbers of tickets for raffle sales initiated and
concluded at a bingo game or sequentially numbered tickets which shall state
the name, address and telephone number of the organization, the prize or prizes
to be awarded, the date of the prize drawing or selection, the selling price of
the raffle ticket and the charitable gaming permit number;
4. Receipts for all raffle prizes valued at $600 or more on
which prize winners must provide printed name, residence address and the amount
and description of the prize received; and
5. Deposit records of the required weekly deposits of raffle
receipts.
C. All raffle tickets shall have a detachable section; be
consecutively numbered with the detachable section having the same number;
provide space for the purchaser's name, complete address and telephone number;
and state the name and address of the organization, the prize or prizes to be
awarded, the date, time and location of the prize drawing, and the selling
price of the ticket and the charitable gaming permit number. Winning tickets
and unsold tickets shall be maintained for three years from the close of the
fiscal year.
D. All unused charitable gaming supplies shall either be
returned for refund to the original supplier in unopened original packaging in
resalable condition as determined by the supplier or turned in to the
department for destruction. The organization shall maintain a receipt for all
such supplies returned to the supplier or turned in to the department.
11VAC15-22-80. Financial reporting, penalties, inspections
and audits. (Repealed.)
A. Each charitable gaming permit holder shall file an
annual report of receipts and disbursements by March 15 of each year on a form prescribed
by the department. The annual report shall cover the activity for the fiscal
year.
B. The annual report shall be accompanied by the audit and
administration fee as established by the department for the fiscal year unless
the fee has been remitted with quarterly reports. Volunteer fire departments or
rescue squads or auxiliary units thereof that have been recognized in
accordance with § 15.2-955 of the Code of Virginia shall be exempt from the
payment of audit and administration fees.
C. Except for volunteer fire departments or rescue squads
or auxiliary units thereof that have been recognized in accordance with §
15.2-955 of the Code of Virginia, an organization desiring an extension to file
annual reports for good cause shall pay the projected audit and administration
fee by March 15 and request the extension in writing on a form prescribed by
the department.
D. Unless exempted by § 18.2-340.23 of the Code of
Virginia, qualified organizations realizing any gross gaming receipts in any
calendar quarter shall file a quarterly report of receipts and disbursements on
a form prescribed by the department as follows:
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Quarterly reports shall be accompanied by the appropriate
audit and administration fee. Volunteer fire departments or rescue squads or
auxiliary units thereof that have been recognized in accordance with § 15.2-955
of the Code of Virginia shall be exempt from the payment of audit and
administration fees. An annual financial report may substitute for a quarterly
report if the organization has no further charitable gaming income during the
remainder of the reporting period and the annual report is filed by the due
date for the applicable calendar quarter.
E. Organizations failing to file required reports, request
an extension or make fee payments when due shall be charged a penalty of $25
per day from the due date until such time as the required report is filed.
F. Any qualified organization in possession of funds
derived from charitable gaming (including those who have ceased operations),
regardless of when such funds may have been received or whether it has a valid
permit from the department, shall file an annual financial report on a form
prescribed by the department on or before March 15 of each year until such
funds are depleted. If an organization ceases the conduct of charitable gaming,
it shall provide the department with the name of an individual who shall be
responsible for filing financial reports. If no such information is provided,
the president of an organization shall be responsible for filing reports until
all charitable gaming proceeds are depleted.
G. If an organization has been identified through
inspection, audit or other means as having deficiencies in complying with
statutory or regulatory requirements or having ineffective internal controls,
the department may impose restrictions or additional recordkeeping and financial
reporting requirements.
H. Any records deemed necessary to complete an inspection,
audit or investigation may be removed by the department, its employees or
agents from the premises of an organization or any location where charitable
gaming is conducted. The department shall provide a written receipt of such
records at the time of removal.
11VAC15-22-90. Use of proceeds. (Repealed.)
A. All payments by an organization intended as use of
proceeds must be made by check written from the organization's charitable
gaming account.
B. Use of proceeds payments may be made for scholarship funds
or the future acquisition, construction, remodeling or improvement of real
property or the acquisition of other equipment or vehicles to be used for
religious, charitable, educational or community purposes. In addition, an
organization may obtain department approval to establish a special fund account
or an irrevocable trust fund for special circumstances. Transfers such as an
account or an irrevocable trust fund may be included as a use of proceeds if
the payment is authorized by an organization's board of directors.
No payments made to such a special fund account shall be
withdrawn for other than the specified purpose unless prior notification is
made to the department.
C. Expenditures of charitable gaming funds for social or
recreational activities or for events, activities or programs which are open
primarily to an organization's members and their families shall not qualify as
use of proceeds unless substantial benefit to the community is demonstrated.
D. Payments made to or on behalf of indigent or sick or
deceased members or their immediate families shall be allowed as use of
proceeds provided they are approved by the organization's board of directors
and the need is documented.
E. Payments made directly for the benefit of an individual
member, member of his family or person residing in his household shall not be
allowed as a use of proceeds unless authorized by law or elsewhere in this
chapter.
F. Use of proceeds payments by an organization shall not be
made for any activity which is not permitted by federal, state or local laws or
for any activity which attempts to influence or finance directly or indirectly
political persons or committees or the election or reelection of any person who
is or has been a candidate for public office.
G. Organizations shall maintain details of all use of
proceeds disbursements for a minimum of three years and shall make this
information available to the department upon request.
H. The department may disallow a use of proceeds payment to
be counted against the minimum percentage referred to in 11VAC15-22-20 D.
If any payment claimed as use of proceeds is subsequently
disallowed, an organization may be allowed additional time as specified by the
department to meet minimum use of proceeds requirements.
Part V
Rent
11VAC15-22-100. Requirements regarding renting premises,
agreements and landlord participation. (Repealed.)
A. No organization shall rent or use any leased premises to
conduct charitable gaming unless all terms for rental or use are set forth in a
written agreement and signed by the parties thereto prior to the issuance of a
permit to conduct charitable gaming. A qualified organization that leases a
building or other premises that is utilized in whole or in part for the purpose
of conducting charitable gaming more frequently that two calendar days in one
calendar week shall only lease such premises directly from (i) a qualified
organization that is exempt from taxation pursuant to § 501 (c) of the Internal
Revenue Code or (ii) any county, city or town.
B. Organizations shall not make payments to a landlord
except by check drawn on the organization's charitable gaming account.
C. No landlord, his agent or employee, member of his
immediate family or person residing in his household shall make directly or
indirectly a loan to any officer, director, game manager or entity involved in
the management, operation or conduct of charitable gaming of an organization in
Virginia which leases its charitable gaming facility from the landlord.
D. No landlord, his agent or employee, a member of his
immediate family or person residing in his household shall make any direct or
indirect payment to any officer, director, game manager or entity involved in
the management, operation or conduct of charitable gaming conducted at a
facility rented from the landlord in Virginia unless the payment is authorized
by the lease agreement and is in accordance with the law.
E. No landlord, his agent or employee, person residing in
the same household or member of his immediate family shall, at charitable games
conducted on the landlord's premises:
1. Participate in the management, operation or conduct of
any charitable games;
2. Sell, lease or otherwise provide any bingo supplies
including, but not limited to, bingo cards, pull-tab cards, markers or other
game pieces; or
3. Require as a condition of the lease or contract that a
particular manufacturer, distributor or supplier of bingo supplies be used by
the organization.
"Bingo supplies" as used in this chapter shall
not include glue and tape sold from concession stands or from a location
physically separated from the location where bingo supplies are normally sold.
F. No member of an organization involved in the management,
operation or conduct of charitable gaming shall provide any services to a
landlord or be remunerated in any manner by the landlord of the facility where
an organization is conducting its charitable gaming.
Part VI
Fact-Finding Conferences and Hearings
11VAC15-22-110. Procedural rules for the conduct of
fact-finding conferences and hearings. (Repealed.)
A. Fact-finding conference; notification, appearance,
conduct.
1. Unless automatic revocation or immediate suspension is
required by law, no permit to conduct charitable gaming shall be denied,
suspended or revoked except upon notice stating the proposed basis for such
action and the time and place for a fact-finding conference, as set forth in §
2.2-4019 of the Administrative Process Act.
2. If a basis exists for a refusal to renew a suspension or
a revocation of a permit, the department shall notify, by certified mail or by
hand delivery, the interested persons at the address of record maintained by
the department.
3. Notification shall include the basis for the proposed
action and afford interested persons the opportunity to present written and
oral information to the department that may have a bearing on the proposed
action at a fact-finding conference. If there is no withdrawal, a fact-finding
conference shall be scheduled at the earliest mutually agreeable date, but no
later than 60 days from the date of the notification. Organizations or
suppliers who wish to waive their right to a conference shall notify the
department at least 14 days before the scheduled conference.
4. If after consideration of evidence presented during an
informal fact-finding conference, a basis for action still exists, the
interested persons shall be notified in writing within 60 days of the
fact-finding conference, via certified or hand-delivered mail, of the decision
and the right to a formal hearing. Parties to the conference may agree to
extend the report deadline if more time is needed to consider relevant
evidence.
B. Hearing; notification, appearance, conduct.
1. If, after a fact-finding conference, a sufficient basis
still exists to deny, suspend or revoke a permit, interested persons shall be
notified by certified mail or hand delivery of the proposed action and of the
opportunity for a hearing on the proposed action. If an organization desires to
request a hearing, it shall notify the department within 14 days of receipt of
a report on the conference. Parties may enter into a consent agreement to
settle the issues at any time prior to, or subsequent to, an informal
fact-finding conference.
2. If an interested party or representative fails to appear
at a hearing, the hearing officer may proceed in his absence and make a
recommendation.
3. Oral and written arguments may be submitted to and
limited by the hearing officer. Oral arguments shall be recorded in an
appropriate manner.
C. Hearing location. Hearings before a hearing officer
shall be held, insofar as practicable, in the county or city in which the
organization is located. If the parties agree, hearing officers may conduct
hearings at locations convenient to the greatest number of persons or by
telephone conference, video conference or similar technology, in order to
expedite the hearing process.
D. Hearing decisions.
1. Recommendations of the hearing officer shall be a part of
the record and shall include a written statement of the hearing officer's
findings of fact and recommendations as well as the reasons or basis for the
recommendations. Recommendations shall be based upon all the material issues of
fact, law or discretion presented on the record.
2. The department shall review the recommendation of the
hearing officer and render a decision on the recommendation within 30 days of
receipt. The decision shall cite the appropriate rule, relief or denial thereof
as to each issue.
E. Agency representation. The commissioner's designee may
represent the department in an informal conference or at a hearing.
Part VII
Reporting Violations
11VAC15-22-120. Reporting violations. (Repealed.)
A. Unless otherwise required by law, the identity of any
individual who provides information to the department or its agents regarding
alleged violations shall be held in strict confidence.
B. Any officer, director or game manager of a qualified
organization shall immediately report to the department any information
pertaining to the suspected misappropriation or theft of funds or any other
violations of charitable gaming statutes or these regulations.
C. Failure to report the information required by subsection
B of this section may result in the denial, suspension or revocation of a
charitable gaming permit.
D. Any officer, director or game manager of a qualified
organization involved in the management, operation or conduct of charitable
gaming shall immediately notify the department upon conviction of a felony or a
crime involving fraud, theft or financial crimes.
E. Failure to report information required by subsection D
of this section by any officer, director or game manager of a qualified
organization or supplier may result in the denial, suspension or revocation of
a permit.
F. Any officer, director or game manager of a qualified
organization involved in charitable gaming shall immediately report to the
department any change the Internal Revenue Service makes in the tax status of
the organization, or if it is a chapter of a national organization covered by a
group tax exempt determination, the tax status of the national organization.
G. All organizations regulated by the department shall
display prominently a poster advising the public of a phone number where
complaints relating to charitable gaming may be made. Such posters shall be
provided by the department to organizations at no charge.
FORMS (11VAC15-22)
Annual Financial Report, Form 101 (rev. 01/09).
Quarterly Financial Report, Form 102 (rev. 01/09).
Bingo Session Reconciliation Summary, Form 103 (rev.
07/08).
Admission Sales Reconciliation Form Paper, Form 104-A
(rev. 07/08).
Floor Sales Reconciliation Form - Paper, Form 104-B (rev.
07/08).
Decision Bingo Reconciliation Form, Form 104-C (rev.
07/08).
Raffle/Treasure Chest Sales Reconciliation Form Bingo
Session, Form 104-D (rev. 07/08).
Instant Bingo/Seal Cards/Pull-Tabs Reconciliation Form,
Form 105 (rev. 07/08).
Instant Bingo/Seal Cards/Pull-Tabs Reconciliation
Continuation Form, Form 105-A (rev. 07/08).
Storeroom Inventory Issue Form Paper, Form 106-A (rev.
07/08).
Storeroom Inventory Issue Form Instant Bingo/Seal Cards/Pull-Tabs,
Form 106-B (rev. 07/08).
List of Volunteer Workers, Form 107 (rev. 07/08).
Prize Receipt, Form 108 (rev. 07/08).
Storeroom Inventory Form - Paper, Form 109-A (rev. 07/08).
Storeroom Inventory Instant Bingo/Seal Cards/Pull-Tabs,
Form 109-B (rev. 07/08).
Raffle Sales, Form 110 (rev. 07/08).
Charitable Gaming Permit Application New Applicants Only,
Form 201-N (rev. 07/08).
Charitable Gaming Permit Application Renewal Applicants
Only, Form 201-R (rev. 07/08).
Tax Information Disclosure Authorization (rev. 07/08).
Permit Amendment (rev. 07/08).
Gaming Personnel Information Update (rev. 07/08).
Report of Game Termination (rev. 07/08).
Charitable Gaming Bingo Caller Certificate of Registration
Application, Form 401 (rev. 07/08).
Charitable Gaming Bingo Manager Certificate of Registration
Application, Form 402 (rev. 07/08).
CHAPTER 31
SUPPLIER REGULATIONS (REPEALED)
11VAC15-31-10. Definitions. (Repealed.)
In addition to the definitions contained in § 18.2-340.16
of the Code of Virginia, the words and terms below when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Agent" means any person authorized by a supplier
to act for or in place of such supplier.
"Board" means the Virginia Charitable Gaming
Board.
"Cash" means United States currency or coinage.
"Commissioner" means the Commissioner of the
Virginia Department of Agriculture and Consumer Services.
"Concealed face bingo card" means a nonreusable
bingo card constructed to conceal the card face. This type of card is commonly
referred to under trade names such as "Tear-open" or "Bonanza
Bingo."
"Conduct" means the actions associated with the
provisions of a gaming operation during and immediately before or after the
permitted activity, which may include, but is not limited to (i) selling bingo
cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle
tickets; (ii) calling bingo games; (iii) distributing prizes; and (iv) any
other services provided by volunteer workers.
"DCG number" means a unique identification number
issued by the department.
"Deal" means each separate package or series of
packages consisting of one game of instant bingo, pull-tabs, or seal cards with
the same serial number.
"Department" means the Virginia Department of
Agriculture and Consumer Services, Division of Charitable Gaming.
"Designator" means an object used in the number
selection process, such as a ping-pong ball, upon which bingo letters and
numbers are imprinted.
"Disposable paper card" means a nonreusable paper
bingo card manufactured with preprinted numbers.
"Electronic bingo device" means an electronic device
that uses proprietary software or hardware, or is used in conjunction with
commonly available software and computers, to display facsimiles of bingo cards
and allows a player to daub such cards.
"Equipment and video systems" includes equipment
which facilitates the conduct of charitable gaming such as ball blowers,
flashboards, electronic verifiers and replacement parts for such equipment.
"Fiscal year" or "annual reporting
period" means the 12-month period beginning January 1 and ending December
31 of any given year.
"Flare" means a piece of paper, cardboard or
similar material which bears printed information relating to the name of the
manufacturer or logo, name of the game, card count, cost per play, serial
number, the number of prizes to be awarded and the specific prize amounts in a
deal of instant bingo, pull-tabs, or seal cards.
"Immediate family" means one's spouse, parent,
child, sibling, grandchild, grandparent, mother or father-in-law or stepchild.
"Interested persons" means the owner, director,
officer or partner of an entity engaged in supplying charitable gaming supplies
to organizations.
"Management" means the provision of oversight of
a gaming operation, which may include, but is not limited to, the
responsibilities of applying for and maintaining a permit or authorization;
compiling, submitting and maintaining required records and financial reports;
and ensuring that all aspects of the operation are in compliance with all
applicable statutes and regulations.
"Manufacturer" means a person or entity that
assembles from raw materials or subparts a completed piece of bingo or other
charitable gaming equipment or supplies. "Manufacturer" also means a
person or entity that modifies, converts, adds or removes parts to or from bingo
or other charitable gaming equipment or supplies to further their promotion or
sale for the conduct of charitable gaming.
"Operation" means the activities associated with
production of a charitable gaming activity, which may include, but is not
limited to (i) the direct on-site supervision of the conduct of charitable
gaming, (ii) coordination of volunteers, and (iii) all responsibilities of
charitable gaming designated by the organization's management.
"Owner" means any individual with financial
interest of 10% or more in a supplier.
"Pack" means sheets of bingo paper or electronic
facsimiles assembled in the order of games to be played. This may include
specials and jackpots but shall not include any winner-take-all, Lucky Seven or
raffle.
"Prize" means cash, merchandise, certificate or
other item of value awarded to a winning player.
"Progressive seal card" means a seal card game in
which a prize is carried forward to the next deal if not won when a deal is
completed.
"Remuneration" means payment in cash or the
provision of anything of value for goods provided or services rendered.
"Seal card" means a board or placard used in
conjunction with a deal of the same serial number which contains one or more
concealed areas that, when removed or opened, reveal a predesignated winning
number, letter or symbol located on that board or placard.
"Selection device" means a manually or
mechanically operated device to randomly select bingo numbers.
"Serial number" means a unique number printed by
the manufacturer on each bingo card in a set, each instant bingo, pull-tabs or
seal card in a deal, each electronic bingo device or each door prize ticket.
"Series number" means the number of unique card faces
contained in a set of disposable bingo paper cards or bingo hard cards. A 9000
series, for example, has 9000 unique faces.
"Session" means a period of time during which one
or more bingo games are conducted that begins with the selection of the first
ball for the first game and ends with the selection of the last ball for the
last game.
11VAC15-31-20. Suppliers of charitable gaming supplies:
application, qualifications, suspension, revocation or refusal to renew permit,
maintenance, and production of records. (Repealed.)
A. Prior to providing any charitable gaming supplies, a
supplier shall submit an application on a form prescribed by the department and
receive a permit. A $1,000 application fee payable to the Treasurer of Virginia
is required. In addition, a supplier must be authorized to conduct business in
the Commonwealth of Virginia, which may include, but not be limited to,
registration with the State Corporation Commission, the Department of Taxation,
and the Virginia Employment Commission. The actual cost of background
investigations for a permit may be billed by the department to an applicant.
The department shall act on an application within 90 days of the date of the
application.
B. The department may refuse to issue a permit or may
suspend or revoke a permit if an officer, director, employee, agent or owner:
1. Is operating without a valid license, permit or
certificate as a supplier or manufacturer in any state in the United States;
2. Fails or refuses to recall a product as directed by the
department;
3. Conducts business with unauthorized entities or is not
authorized to conduct business in the Commonwealth of Virginia;
4. Has been convicted of or pleaded nolo contendere to any
crime as specified by § 18.2-340.34 B of the Code of Virginia; has had any
license, permit certificate or other authority related to activities defined as
charitable gaming in the Commonwealth suspended or revoked in the Commonwealth
or in any other jurisdiction; has failed to file or has been delinquent in
excess of one year in the filing of any tax returns or the payment of any taxes
due the Commonwealth; or has failed to establish a registered office or
registered agent in the Commonwealth if so required by § 13.1-634 or 13.1-763
of the Code of Virginia. As this provision relates to employees or agents, it
shall only apply to individuals involved in sales to or solicitations of
customers in the Commonwealth of Virginia;
5. Fails to notify the department within 20 days of the
occurrence, knowledge, or receipt of the filing of any administrative or legal
action relating to charitable gaming or the distribution of charitable gaming
supplies involving or concerning the supplier, any officers or directors,
employees, agent, or owner during the term of its permit;
6. Fails to provide to the department upon request a current
Letter for Company Registration on file with the U.S. Department of
JusticeGambling Devices Registration Unit, if required in accordance with The
Gambling Devices Act of 1962, 15 USC §§ 1171-1178, for any device that it
sells, distributes, services or maintains in the Commonwealth of Virginia; or
7. Has been engaged in conduct that would compromise the
department's objective of maintaining the highest level of integrity in
charitable gaming.
C. A supplier shall not sell, offer to sell or otherwise
provide charitable gaming supplies for use by anyone in the Commonwealth of
Virginia other than to an organization with a permit from the department or
another permitted supplier. However, a supplier may:
1. Sell charitable gaming supplies to an organization that
expects to gross $40,000 or less in any 12-month period, providing that the
amount of such purchase would not be reasonably expected to produce more than
$40,000 in gross sales. For each such organization, the supplier shall maintain
the name, address and telephone number. The supplier shall also obtain a
written and signed statement from an officer or game manager of such
organization confirming that gross receipts are expected to be $40,000 or less.
Such statement shall be dated and kept on file for three years from the end of
a fiscal year.
2. Sell bingo cards and paper to persons or entities other
than qualified organizations provided such supplies shall not be sold or
otherwise provided for use in charitable gaming activities regulated by the
department or in unlawful gambling activities. For each such sale, the supplier
shall maintain the name, address and telephone number of the purchaser. The
supplier shall also obtain a written statement from the purchaser verifying
that such supplies will not be used in charitable gaming or any unlawful
gambling activity. Such statement shall be dated and kept on file for three
years from the end of a fiscal year. Payment for such sales in excess of $50
shall be accepted in the form of a check.
3. Sell pull-tabs and seal cards to organizations for use
only upon the premises owned or exclusively leased by the organization and at
such times as the portion of the premises in which the pull-tabs or seal cards
are sold is open only to members and their guests as authorized by §
18.2-340.26:1 of the Code of Virginia. Each such sale shall be accounted for
separately and the accompanying invoice shall be clearly marked: "For Use
in Social Quarters Only."
All such sales shall be documented pursuant to subsection H
of this section and reported to the department pursuant to subsection J of this
section. This provision shall not apply to the sale to landlords of equipment
and video systems as defined in this chapter. Equipment and video systems shall
not include dispensing devices and electronic bingo devices.
D. A supplier shall not sell, offer to sell or otherwise
provide charitable gaming supplies to any individual or organization in the
Commonwealth of Virginia unless the charitable gaming supplies are purchased or
obtained from a manufacturer or another permitted supplier. Suppliers may take
back for credit and resell supplies received from an organization with a permit
that has ceased charitable gaming or is returning supplies not needed.
E. No supplier, supplier's agent, or employee may be involved
in the management, operation or conduct of charitable gaming in the
Commonwealth of Virginia. No member of a supplier's immediate family or person
residing in the same household as a supplier may be involved in the management,
operation or conduct of charitable gaming of any customer of the supplier in
the Commonwealth of Virginia. No supplier, supplier's agent or employee may
participate in any charitable gaming of any customer of the supplier in the
Commonwealth of Virginia. For the purposes of this regulation, servicing of
electronic devices shall not be considered conduct or participation.
F. The department shall conduct a background investigation
prior to the issuance of a permit to any supplier. The investigation may
include, but shall not be limited to, the following:
1. A search of the Virginia Central Criminal Records
Exchange (CCRE) on all officers, directors and owners; and
2. Verification of current compliance with Commonwealth of
Virginia state tax laws.
If the officers, directors or owners are domiciled outside
of the Commonwealth of Virginia, or have resided in the Commonwealth of
Virginia for fewer than five years, a criminal history search conducted by the
appropriate authority in any state in which they have resided during the previous
five years shall be provided by the applicant.
G. Appropriate information and authorizations shall be
provided to the department to verify information cited in subsection F of this
section.
H. Suppliers shall document each sale or rental of
charitable gaming supplies to an organization in the Commonwealth of Virginia
on an invoice which reflects the following:
1. Name, address, and DCG number of the organization;
2. Date of sale or rental and location where bingo supplies
are shipped if different from the billing address;
3. Name, form number and serial number of each deal of
instant bingo, pull-tabs, seal cards or bundles, and the number of cards in
each deal;
4. Quantity of deals sold, the cost per deal, the selling
price per card, the cash take-in per deal and the cash payout per deal;
5. Serial number of the top sheet in each pack of disposable
bingo paper, the number of sheets in each pack or pad, the cut and color and
the number of packs or pads sold;
6. Serial number for each series of uncollated bingo paper
and the number of sheets sold;
7. Detailed information concerning the type, quantity and
individual price of any other charitable gaming supplies or related items
including, but not limited to, concealed face bingo cards, hard cards, markers
or daubers and refills, or any other merchandise. For concealed face bingo
cards, the number of sets, price per set and the serial number of each set
shall be included; and
8. Any type of equipment, device or product manufactured for
or intended to be used in the conduct of charitable games including, but not
limited to, designators, designator receptacles, number display boards,
selection devices, dispensing machines and verification devices.
I. Suppliers shall ensure that two copies of the detailed
invoice are provided to the customer for each sale of charitable gaming
supplies.
J. Each supplier shall provide a report to the department
by March 1 of each year on sales of charitable gaming supplies for the fiscal
year ending December 31 of the previous year to each organization in the
Commonwealth of Virginia. This report shall be provided to the department on
computer disk or other department-approved media. The report shall include the
name and address of each organization and the following information for each
sale or transaction:
1. Bingo paper sales including purchase price, description
of paper to include number of sheets in pack and number of faces on sheet,
quantity of single sheets or packs shipped;
2. Deals of instant bingo, pull-tabs, seal cards, or any
other raffle sales including purchase price, deal name, deal form number,
number of tickets in deal, ticket price, cash take-in per deal, cash payout per
deal, and number of deals;
3. Electronic bingo device sales including purchase or
rental price and number of units; and
4. Sales of miscellaneous items such as daubers, markers,
and other merchandise including purchase price, description of product, and
number of units.
K. The department shall set manufacturing and testing
criteria for all electronic bingo devices and other equipment used in the
conduct of charitable gaming. An electronic bingo device shall not be sold,
leased or otherwise furnished to any person in the Commonwealth of Virginia for
use in the conduct of charitable gaming until an identical sample device
containing identical proprietary software has been approved by a testing
facility that has been formally recognized by the department as a testing
facility that upholds the standards of integrity established by the department.
The testing facility must certify that the device conforms, at a minimum, to
the restrictions and conditions set forth in these regulations. Once the
testing facility reports the test results to the department, the department
will either approve or disapprove the submission and inform the manufacturer of
the results within 10 business days. If any such equipment does not meet the
department's criteria, it shall be recalled and shall not be distributed in the
Commonwealth of Virginia. The cost of testing shall be borne by the
manufacturer of such equipment.
L. Department employees shall have the right to inspect all
electronic and mechanical equipment used in the conduct of charitable gaming.
M. Suppliers, their agents and employees, members of the
supplier's immediate family or persons residing in their household shall not
make any loan directly or indirectly to any organization or officer, director,
game manager or entity involved in the management, operation or conduct of
charitable gaming of a supplier's customer located in the Commonwealth of
Virginia.
N. No supplier, supplier's agent or employee shall directly
or indirectly provide a rebate, discount or refund to any person other than an
organization which purchases supplies or leases or purchases equipment from the
supplier. All such transactions shall be recorded on the supplier's account
books.
O. A supplier shall not rent, sell or otherwise provide
electronic bingo devices unless he possesses a valid permit in the Commonwealth
of Virginia.
P. A written agreement specifying the terms of lease or
rental shall be required for any electronic bingo devices provided to an
organization.
11VAC15-31-30. Construction and other standards for bingo,
instant bingo, pull-tabs, seal cards, raffles, electronic bingo devices, and
instant bingo, pull-tab and seal card dispensers. (Repealed.)
A. No supplier shall knowingly sell or otherwise provide to
an organization and no organization shall knowingly use bingo supplies unless
they conform to the following construction standards:
1. Disposable paper sold shall be of sufficient weight and
quality to allow for clearly readable numbers and to prevent ink from
spreading, bleeding or otherwise obscuring other numbers or cards.
2. Each sheet of disposable bingo paper shall be comprised
of cards bearing a serial number. No serial number shall be repeated on or in
the same style, series and color of cards within a three-year period.
3. Disposable bingo paper assembled in books or packs shall
not be separated except for single-sheet specials. This provision does not
apply to two-part cards on which numbers are filled by players and one part is
separated and provided to an organization for verification purposes.
4. Each unit of disposable bingo paper shall have an
exterior label listing the following information:
a. Description of product;
b. Number of packs or loose sheets;
c. Series numbers;
d. Serial number of the top sheet;
e. Number of cases;
f. Cut of paper; and
g. Color of paper.
5. "Lucky Seven" bingo cards or electronic
facsimiles thereof shall have a single face where seven numbers shall be
chosen. "Lucky Seven" sheets or electronic facsimiles thereof shall
have multiple faces where seven numbers shall be chosen per face.
B. No supplier shall knowingly sell or otherwise provide to
an organization and no organization shall knowingly use instant bingo, pull-tab
or seal cards unless they conform to the following construction standards:
1. Cards shall be constructed so that concealed numbers,
symbols or winner protection features cannot be viewed or determined from the
outside of the card by using a high intensity lamp of 500 watts, with or
without utilizing a focusing lens.
2. Deals shall be designed, constructed, glued and assembled
in a manner to prevent determination of a winning or losing ticket without
removing the tabs or otherwise uncovering the symbols or numbers as intended.
3. Each card in a deal shall bear the same serial number.
Only one serial number shall be used in a deal. No serial number used in a deal
shall be repeated by the same manufacturer on that same manufacturer's form
within a three-year period. The flare of each deal shall accompany the deal and
shall have affixed to it the same serial number as the tickets in such deal.
4. Numbers or symbols on cards shall be fully visible in the
window and shall be placed so that no part of a number or symbol remains
covered when the tab is removed.
5. Cards shall be glued on all edges and around each window.
Glue shall be of sufficient strength and type to prevent the undetectable
separation or delamination of the card. For banded tickets, the glue must be of
sufficient strength and quality to prevent the separation of the band from the
ticket.
6. The following minimum information shall be printed on a
card:
a. Break open pull-tab, instant bingo cards:
(1) Name of the manufacturer or its distinctive logo;
(2) Name of the game;
(3) Manufacturer's form number;
(4) Price per individual card or bundle;
(5) Unique minimum five-digit game serial number printed on
the game information side of the card; and
(6) Number of winners and respective winning number or
symbols and specific prize amounts, unless accompanied by a manufacturer's
preprinted publicly posted flare with that information.
b. Banded pull-tabs:
(1) Manufacturer;
(2) Serial number;
(3) Price per individual card or bundle, unless accompanied
by a manufacturer's preprinted publicly posted flare with that information; and
(4) Number of winners and respective winning numbers or
symbols and prize amounts, or a manufacturer's preprinted publicly posted flare
giving that information.
7. All seal card games sold to organizations shall contain
the sign-up sheet, seals and cards packaged together in each deal.
C. No organization shall use raffle tickets independent of
a bingo game unless they conform to the following construction standards:
1. Each ticket shall have a detachable section and shall be
consecutively numbered.
2. Each section of a ticket shall bear the same number. The
section retained by the organization shall provide space for the purchaser's
name, complete address and telephone number.
3. The following information shall be printed on the
purchaser's section of each ticket:
a. Dates and times of drawings;
b. Locations of the drawings;
c. Name of the charitable organization conducting the
raffle;
d. Price of the ticket;
e. Charitable gaming permit number; and
f. Prizes.
D. Electronic bingo.
1. The department, at its discretion, may require additional
testing of electronic bingo devices at any time. Such additional testing shall
be at the manufacturer's expense and shall be a condition of the continued use
of such device.
2. All electronic bingo devices shall use proprietary
software and hardware or commonly available software and computers and shall be
enabled for play on the premises where the game is to be played.
3. Each electronic bingo device shall have a unique
identification number permanently coded into the software of such device.
Manufacturers of electronic bingo devices shall employ sufficient security
safeguards in designing and manufacturing the devices such that it may be
verified that all proprietary software components are authentic copies of the
approved software components and all functioning components of the device are
operating with identical copies of approved software programs. The device must
also have sufficient security safeguards so that any restrictions or
requirements authorized by the department or any approved proprietary software
are protected from alteration by unauthorized personnel. The device shall not
contain hard-coded or unchangeable passwords. Security measures that may be
employed to comply with these provisions include, but are not limited to, the
use of dongles, digital signature comparison hardware and software, secure boot
loaders, encryption, and key and callback password systems.
4. Electronic bingo devices shall not allow a player to
create a card by the input of specific numbers on each card. Manufacturers
shall ensure that an electronic bingo device does not allow for the play of any
bingo card faces other than those verifiably purchased by the patron.
5. Electronic bingo devices shall not accept cash, currency
or tokens for play.
6. Electronic bingo devices shall require the manual entry of
numbers as they are called or the manual verification of numbers as they have
been electronically transmitted to the device. The transmission of data to
electronic bingo devices shall be limited to one-way communication to the
device and shall consist only of the number called.
7. A device shall not allow the play of more than 54 cards
per device per game.
8. The electronic bingo device system shall record a
sequential transaction number or audit tracking number for each transaction.
The system shall not allow the manual resetting or changing of this number.
9. The system shall produce a receipt and a transaction log
containing the following:
a. Organization name;
b. Location of bingo game;
c. Sequential transaction or receipt number;
d. Number of electronic bingo cards loaded;
e. Cost of electronic bingo cards loaded;
f. Electronic device number issued to a player; and
g. Date and time of each transaction.
In addition, the system shall produce a summary report identifying
the date and time of the report, voided transactions, including the date and
time of each voided transaction and total gross receipts for each session.
10. Each device shall be programmed to automatically erase
all stored electronic cards at the end of the last game of a session, within a
set time from their rental to a player, or by some other clearance method
approved by the department.
11. All devices shall be reloaded with another set of cards
at the beginning of each session if the devices are to be reused at the same
location.
E. In instances where a defect in packaging or in the
construction of deals or electronic devices is discovered by or reported to the
department, the department shall notify the manufacturer of the deals or
devices containing the alleged defect. Should the department, in consultation
with the manufacturer, determine that a defect exists, and should the
department determine the defect affects game security or otherwise threatens
public confidence in the game, the department may, with respect to deals or
electronic devices for use still located within the Commonwealth of Virginia,
require the supplier to:
1. Recall the deals or electronic devices affected that have
not been sold or otherwise provided; or
2. Issue a total recall of all affected deals or electronic
devices.
F. After January 1, 2006, no instant bingo, pull-tab or
seal card dispenser may be sold, leased or otherwise furnished to any person or
organization in the Commonwealth of Virginia or used in the conduct of
charitable gaming until an identical sample device containing identical
proprietary software, if applicable, has been approved by a testing facility
that has been formally recognized by the department as a testing facility that
upholds the standards of integrity established by the department. The cost of
testing shall be borne by the manufacturer of such equipment. In addition,
suppliers and manufacturers of such dispensers shall comply with the
requirements of The Gambling Devices Act of 1962 (15 USC §§ 1171-1178).
G. All instant bingo, pull-tab or seal card dispensing
devices must meet the following standards:
1. Each dispenser shall be manufactured in a manner that
ensures a pull-tab ticket is dispensed only after insertion of United States
currency or coinage into the dispenser. Such ticket and any change due shall be
the only items dispensed from the machine.
2. Each dispenser shall be manufactured in a manner that
ensures the device neither displays nor has the capability of displaying or otherwise
identifying an instant bingo, pull-tab, or seal card winning or nonwinning
ticket.
3. Each dispenser shall be manufactured in such a manner
that any visual animation does not simulate or display rolling or spinning
reels or produce audible music or enhanced sound effects.
4. Each dispenser shall be equipped with separate locks for
the instant bingo, pull-tab, or seal card supply modules and money boxes. Locks
shall be configured so that no one key will operate both the supply modules and
money boxes.
H. No dispensing devices shall be linked to other such
devices so as to permit the play of progressive games.
I. The department may require additional testing of a
dispensing device at any time to ensure that it meets construction standards
and allows for fair play. Such tests shall be conducted at the cost of the
manufacturer of such devices.
J. The face value of cards being dispensed shall match the
amount deposited in the currency/coin acceptor less change provided.
11VAC15-31-40. Instant bingo, pull-tabs, or seal card
randomization standards. (Repealed.)
All instant bingo, pull-tabs, or seal cards shall meet the
following randomization standards:
1. Deals shall be assembled so that winning tickets are placed
throughout each deal.
2. Deals shall be assembled and packaged in a manner that
prevents isolation of winning cards due to variations in printing, graphics,
colors, sizes, appearances of cut edges or other markings of cards.
3. Winning cards shall be distributed and mixed among all
other cards in a deal so as to eliminate any pattern between deals or portions
of deals from which the location or approximate location of any winning card
may be determined.
11VAC15-31-50. Procedural rules for the conduct of
fact-finding conferences and hearings. (Repealed.)
A. Fact-finding conference; notification, appearance,
conduct.
1. Unless automatic revocation or immediate suspension is
required by law, no permit to sell charitable gaming supplies shall be denied,
suspended or revoked except upon notice stating the basis for such proposed
action and the time and place for a fact-finding conference, as set forth in
§ 2.2-4019 of the Administrative Process Act.
2. If a basis exists for a refusal to renew, suspend or
revoke a permit, the department shall notify, by certified mail or by hand
delivery, the interested persons at the address of record maintained by the
department.
3. Notification shall include the basis for the proposed
action and afford interested persons the opportunity to present written and
oral information to the department which may have a bearing on the proposed
action at a fact-finding conference. If there is no withdrawal, a fact-finding
conference shall be scheduled at the earliest mutually agreeable date, but no
later than 60 days from the date of the notification. Organizations or
suppliers who wish to waive their right to a conference shall notify the
department at least 14 days before the scheduled conference.
4. If, after consideration of evidence presented during an
informal fact-finding conference, a basis for action still exists, the
interested persons shall be notified in writing within 60 days of the
fact-finding conference, via certified or hand-delivered mail, of the decision
and the right to a formal hearing. Parties to the conference may agree to
extend the report deadline if more time is needed to consider relevant
evidence.
B. Hearing; notification, appearance, conduct.
1. If, after a fact-finding conference, a sufficient basis
still exists to deny, suspend or revoke a permit, interested persons shall be
notified by certified or hand-delivered mail of the proposed action and of the
opportunity for a hearing on the proposed action. If a supplier desires to
request a hearing, it shall notify the department within 14 days of receipt of
a report on the conference. Parties may enter into a consent agreement to
settle the issues at any time prior to or subsequent to an informal
fact-finding conference.
2. If an interested party or representative fails to appear
at a hearing, the hearing officer may proceed in his absence and make a
recommendation.
3. Oral and written arguments may be submitted to and
limited by the hearing officer. Oral arguments shall be recorded in an
appropriate manner.
C. Hearing location. Hearings before a hearing officer
shall be held, insofar as practicable, in the county or city in which the
supplier is located. If the parties agree, hearing officers may conduct
hearings at locations convenient to the greatest number of persons or by
telephone conference, video conference or similar technology, in order to
expedite the hearing process.
D. Hearing decisions.
1. Recommendations of the hearing officer shall be a part of
the record and shall include a written statement of the hearing officer's
findings of fact and recommendations as well as the reasons or bases for the
recommendations. Recommendations shall be based upon all the material issues of
fact, law or discretion presented on the record.
2. The department shall review the recommendation of the
hearing officer and render a decision on the recommendation within 30 days of
receipt. The decision shall cite the appropriate rule, relief or denial thereof
as to each issue.
E. Agency representation. The commissioner's designee may
represent the department in an informal conference or at a hearing.
11VAC15-31-60. Reporting violations. (Repealed.)
A. Unless otherwise required by law, the identity of any
individual who provides information to the department or its employees
regarding alleged violations shall be held in strict confidence.
B. Any officer or director of a supplier, or his agent or
employee, shall immediately report to the department any information pertaining
to the suspected misappropriation or theft of funds or any other violations of
the law.
C. Failure to report the information required by subsection
B of this section may result in the denial, suspension or revocation of a
permit.
D. Any officer, director, partner or owner of a supplier
shall immediately notify the department upon conviction or plea of nolo
contendere to a felony or a crime involving gambling or an action against any
license or certificate held by the supplier in any state in the United States.
E. Failure to report information required by subsection D
of this section by any supplier may result in the denial, suspension or
revocation of a permit.
FORMS (11VAC15-31)
Charitable Gaming Supplier Permit Application, Form 301,
(rev. 07/08).
Annual Supplier Sales and Transaction Report, Form 302
(rev. 07/08).
Certification of Non-Permit Holder, Form 303 (rev. 07/08).
CHAPTER 40
CHARITABLE GAMING REGULATIONS
Part [ 1 I ]
Definitions
11VAC15-40-10. Definitions.
In addition to the definitions contained in § 18.2-340.16 of the Code of Virginia, the words and terms below when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:
"Agent" means any person authorized by a supplier to act for or in place of such supplier.
"Board" means the Virginia Charitable Gaming Board.
"Board of directors" means the board of directors, managing committee, or other supervisory body of a qualified organization.
"Calendar day" means the period of 24 consecutive
hours commencing at [ 12:01 a.m. 12:00:01 a.m. ]
and concluding at midnight.
"Calendar week" means the period of seven
consecutive calendar days commencing at [ 12:01 a.m.
12:00:01 a.m. ] on Sunday and ending at midnight the following
Saturday.
"Cash" means United States currency or coinage.
"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.
"Concealed face bingo card" means a nonreusable bingo card constructed to conceal the card face.
"Conduct" means the actions associated with the
provision of a gaming operation during and immediately before or after the
permitted activity, which may include, but not be limited to (i) selling bingo
cards or packs, electronic [ bingo ] devices, instant
bingo or pull-tab cards, [ electronic pull-tab devices, electronic
pull-tabs, ] or raffle tickets; (ii) calling bingo games; (iii)
distributing prizes; and (iv) any other services provided by [ volunteer
game ] workers.
"Control program" means software involved in any critical game function.
"Daubing" means covering a square containing a number called with indelible ink or otherwise marking a number called on a card or an electronic facsimile of a card.
"Deal" means each separate package or series of packages consisting of one game of instant bingo, pull-tabs, or seal cards with the same serial number.
"Decision bingo" means a bingo game where the cost to a player to play is dependent on the number of bingo numbers called and the prize payout is in direct relationship to the number of participants and the number of bingo numbers called, but shall not exceed statutory prize limits for a regular bingo game.
"Department" means the Virginia Department of Agriculture and Consumer Services, Division of Consumer Protection, Office of Charitable Gaming.
"Designator" means an object used in the [ bingo ] number selection process, such as a ping-pong ball, upon which bingo letters and numbers are imprinted.
"Discount" means any reduction in cost of admission or game packs or any other purchases through use of coupons, free packs, or other similar methods.
"Disinterested player" means a player who is unbiased.
"Disposable paper card" means a nonreusable, paper bingo card manufactured with preprinted numbers.
"Distributed pull-tab system" means a computer
system consisting of a computer or computers and associated equipment for the
use of distributing a finite number of [ electronic instant bingo
and/or pull-tab outcomes (i.e., electronic game cards) electronic
pull-tabs ], a certain number of which entitle a player to prize
awards at various levels.
"Door prize" means any prize awarded by the
random drawing or random selection of a name or number based solely on
attendance at a [ charitable ] gaming [ session
activity ].
"Electronic bingo device" means an electronic
[ device unit ] that uses proprietary
software or hardware or, in conjunction with commonly available software and
computers, displays facsimiles of bingo cards and allows a player to daub such
cards or allows for the automatic daubing of such cards.
[ "Electronic games of chance system" means a distributed pull-tab system. ]
"Electronic [ game card
pull-tabs ]" means an electronic version of a single instant
bingo card or pull-tab. An electronic [ game card
pull-tab ] is a predetermined game outcome in electronic form,
distributed on-demand from a finite number of game outcomes by a distributed
pull-tab system.
[ "Electronic pull-tab device" means an electronic unit used to facilitate the play of an electronic pull-tab. An electronic pull-tab device may take the form of an upright cabinet or a handheld device or may be of any other composition as approved by the department. ]
"Equipment and video systems" means equipment that facilitates the conduct of charitable gaming such as ball blowers, flashboards, electronic verifiers, and replacement parts for such equipment. [ Equipment and video systems shall not include dispensing devices, electronic bingo devices, and electronic pull-tab devices. ]
"Event game" means a bingo game that is played using instant bingo cards or pull-tabs in which the winners include both instant winners and winners who are determined by the random draw of a bingo ball, the random call of a bingo number, or the use of a seal card, and that is sold [ in its entirety ] and played to completion during a single bingo session.
"Fiscal year" or "annual reporting period" means the 12-month period beginning January 1 and ending December 31 of any given year.
"Flare" means [ a piece of paper,
cardboard, or similar material a printed or electronic display ]
that bears [ printed ] information relating
to the name of the manufacturer or logo, name of the game, card count, cost per
play, serial number, [ the ] number of prizes to
be awarded, and [ the ] specific prize amounts
in a deal of instant bingo, pull-tab, [ or ] seal
cards [ , or electronic pull-tabs ].
"Free space number," "perm number," "center number," "card number," or "face number" means the number generally printed in the center space of a bingo card that identifies the unique pattern of numbers printed on that card.
"Game program" means a written list of all games to be played including, but not limited to, the sales price of all bingo paper and electronic bingo devices, pack configuration, prize amounts to be paid during a session for each game, and an indication whether prize amounts are fixed or are based on attendance.
"Game set" means the entire pool of electronic
[ game cards pull-tabs ] that contains
predefined and randomized game results assigned under a unique serial number.
This term is equivalent to "deal" or "deck."
"Game subset" means a division of a game set into equal sizes.
[ "Gaming activity" means one bingo
session and the sale and redemption of instant bingo, pull-tabs, seal cards, or
electronic game cards done in conjunction with that bingo session and in
accordance with the provisions of this chapter. ]
"Immediate family" means one's spouse, parent, child, sibling, grandchild, grandparent, mother or father-in-law, or stepchild.
"Interested persons" means the president, an officer, or a bingo manager of any qualified organization that is exempt or is a permit applicant or holds a permit to conduct charitable gaming; or the owner, director, officer [ , ] or partner of an entity engaged in supplying charitable gaming supplies to organizations [ , or engaged in manufacturing any component of a distributed pull-tab system that is distributed in the Commonwealth ].
"IRS" means the United States Internal Revenue Service.
"Management" means the provision of oversight of a gaming operation, which may include, but is not limited to, the responsibilities of applying for and maintaining a permit or authorization; compiling, submitting, and maintaining required records and financial reports; and ensuring that all aspects of the operation are in compliance with all applicable statutes and regulations.
"Manufacturer" means a person who or entity that assembles from raw materials or subparts a completed piece of bingo [ equipment or supplies, a distributed pull-tab system, ] or other charitable gaming equipment or supplies. "Manufacturer" also means a person who or entity that modifies, converts, adds, or removes parts to or from bingo [ equipment or supplies, a distributed pull-tab system, ] or other charitable gaming equipment or supplies to further their promotion or sale for the conduct of charitable gaming.
"OCG number" means a unique identification number issued by the department.
"Operation" means the activities associated with
production of a charitable gaming activity, which may include, but is not
limited to, (i) the direct on-site supervision of the conduct of charitable
gaming; (ii) coordination of [ volunteers game
workers ]; and (iii) all responsibilities of charitable gaming
designated by the organization's management.
"Owner" means any individual with financial interest of 10% or more in a supplier [ or a manufacturer of a distributed pull-tab system distributed in the Commonwealth ].
"Pack" means sheets of bingo paper or electronic facsimiles assembled in the order of games to be played. This shall not include any raffle.
[ "Player device" means an electronic
unit that may take the form of an upright cabinet or a handheld device or may
be of any other composition as approved by the department used to facilitate
the play of electronic instant bingo or pull-tab games. ]
"Prize" means cash, merchandise, certificate, or other item of value awarded to a winning player.
"Progressive bingo" means a bingo game in which the prize is carried forward to the next game if a predetermined pattern is not completed within a specified number of bingo numbers called.
"Progressive seal card" means a seal card game in which a prize is carried forward to the next deal if not won when a deal is completed.
"Remuneration" means payment in cash or the provision of anything of value for goods provided or services rendered.
"Seal card" means a board or placard used in conjunction with a deal of the same serial number that contains one or more concealed areas that, when removed or opened, reveal a predesignated winning number, letter, or symbol located on that board or placard.
"Selection device" means a manually or mechanically operated device [ used ] to randomly select bingo numbers.
"Serial number" means a unique number [ printed
assigned ] by the manufacturer [ on to ]
each [ set of ] bingo [ card in a set
cards ]; each instant bingo, pull-tab, or seal card in a deal; each
electronic bingo device; [ or ] each door prize
ticket [ ; each game set and game subset of electronic pull-tabs;
and each electronic pull-tab device ].
"Series number" means the number of unique card faces contained in a set of disposable bingo paper cards or bingo hard cards. A 9000 series, for example, has 9000 unique faces.
"Session" means a period of time during which one
or more bingo games are conducted [ that begins with the
selection of the first ball for the first game and ends with the selection of
the last ball for the last game., and during which instant bingo,
pull-tabs, seal cards, or electronic pull-tabs may be sold and redeemed. A
session begins with the sale of instant bingo, pull-tabs, seal cards,
electronic pull-tabs, or bingo cards or packs. ]
"Treasure chest" means a raffle including a locked treasure chest containing a prize that a participant, selected through some other authorized charitable game, is afforded the chance to select from a series of keys a predetermined key that will open the locked treasure chest to win a prize.
"Use of proceeds" means the use of funds derived by an organization from its charitable gaming activities, which are disbursed for those lawful religious, charitable, community, or educational purposes. This includes expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes.
"Voucher" means a printed ticket tendered to the
player, upon request, for any unused game plays and/or winnings that remain on
the [ player electronic pull-tab ] device.
"WINGO" means a variation of a traditional bingo game that uses visual devices rather than a verbal caller and is intended for play by hearing impaired persons.
Part II
Charitable Gaming Organizations
Article 1
Permits
11VAC15-40-20. Eligibility for permit to conduct charitable gaming; when valid; permit requirements.
A. The conduct of charitable gaming is a privilege that may be granted or denied by the department. Except as provided in § 18.2-340.23 of the Code of Virginia, every eligible organization, volunteer fire department, and rescue squad with anticipated gross gaming receipts that exceed the amount set forth in § 18.2-340.23 of the Code of Virginia in any 12-month period shall obtain a permit from the department prior to the commencement of charitable gaming activities. To be eligible for a permit an organization must meet all of the requirements of § 18.2-340.24 of the Code of Virginia.
B. Pursuant to § 18.2-340.24 B of the Code of Virginia, the department shall review a tax exempt request submitted to the IRS for a tax exempt status determination and may issue an interim certification of tax-exempt status solely for the purpose of charitable gaming, conditioned upon a determination by the IRS. The department shall charge the fee set forth in § 18.2-340.24 B of the Code of Virginia for this review. The fee shall be payable to the Treasurer of Virginia.
C. A permit shall be valid only for activities, locations, days, dates, and times as listed on the permit.
D. In accordance with § 18.2-340.19 A 1 of the Code of Virginia, as a condition of receiving a permit, a minimum of 10% of charitable gaming gross receipts shall be used for (i) those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized or (ii) those expenses relating to the acquisition, construction, maintenance, or repair of any interest in real property involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes.
E. If an organization fails to meet the minimum use of
proceeds requirement, its permit may be suspended or revoked. However, the
department shall not suspend or revoke the permit of any organization solely
because of its failure to meet the required percentage without having first
provided the organization with an opportunity to implement a [ corrective
action remedial business ] plan.
F. An organization may request a temporary reduction in the
predetermined percentage specified in subsection D of this section from the
department. In reviewing such a request, the department shall consider such
factors appropriate to and consistent with the purpose of charitable gaming,
which may include, but not be limited to, (i) the organization's overall
financial condition; (ii) the length of time the organization has been involved
in charitable gaming; (iii) the extent of the deficiency; and (iv) the progress
that the organization has made in attaining the minimum percentage in
accordance with a [ corrective action remedial
business ] plan pursuant to subsection E of this section.
G. An organization whose permit is revoked for failure to
comply with provisions set forth in subsection D of this section shall be
eligible to reapply for a permit at the end of one year from the date of
revocation. The department, at its discretion, may issue the permit if it is
satisfied that the organization has made substantial efforts towards meeting
its [ corrective action remedial business ] plan.
11VAC15-40-30. Permit application process.
A. Any organization anticipating gross gaming receipts that exceed the amount set forth in § 18.2-340.23 of the Code of Virginia shall complete a department-prescribed application to request issuance or renewal of an annual permit to conduct charitable gaming. Organizations shall submit a nonrefundable fee payable to the Treasurer of Virginia in the amount of $200 with the application, unless the organization is exempt from such fee pursuant to § 18.2-340.23 of the Code of Virginia.
B. The department may initiate action against any
organization exempt from permit requirements when it reasonably believes the
organization is not in compliance with the provisions of charitable gaming laws
or [ applicable regulations, or both, of the board
this chapter ].
C. Permit holders requiring a special permit pursuant to § 18.2-340.27 E of the Code of Virginia shall convey their request on a form prescribed by the department. Organizations shall submit a fee payable to the Treasurer of Virginia in the amount of $50 with the request for a special permit, unless the organization is exempt from such fee pursuant to § 18.2-340.23 of the Code of Virginia.
D. Permits shall be valid for a period of one year from the date of issuance or for a period specified on the permit. The department may issue permits for periods of less than one year.
E. Permits shall be granted only after a background investigation of an organization or interested persons, or both, to ensure public safety and welfare as required by § 18.2-340.25 of the Code of Virginia. Investigations shall consider the nature, the age and severity, and the potential harm to public safety and welfare of any criminal offenses. The investigation may include, but shall not be limited to, the following:
1. A search of [ Virginia ] criminal
history records for the chief executive officer and chief financial officer of
the organization. Information and authorization to conduct these records checks
shall be provided in the permit application. In addition, the department shall
require that the organization provides assurances that all other members
involved in the management, operation, or conduct of charitable gaming meet the
requirements of subdivision 13 of § 18.2-340.33 of the Code of Virginia.
Applications may be denied if:
a. Any person participating in the management of any charitable gaming has ever been:
(1) Convicted of a felony; or
(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.
b. Any person participating in the conduct of charitable gaming has been:
(1) Convicted of any felony in the preceding 10 years; or
(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years;
2. An inquiry as to whether the organization has been granted tax-exempt status pursuant to § 501(c) by the Internal Revenue Service and is in compliance with IRS annual filing requirements;
3. An inquiry as to whether the organization has entered into any contract with, or has otherwise employed for compensation, any persons for the purpose of organizing or managing, operating, or conducting any charitable gaming activity;
4. Inquiries into the finances and activities of the organization and the sources and uses of funds; and
5. Inquiries into the level of community or financial support to the organization and the level of community involvement in the membership and management of the organization.
F. The permit application for an organization that has not previously held a permit shall include:
[ 1. A list of members participating in the
management or operation of charitable gaming. For any organization that is not
composed of members, a person who is not a bona fide member may volunteer in
the conduct of a charitable game as long as that person is directly supervised
by a bona fide official member of the organization;
2. 1. ] A copy of the articles of
incorporation, bylaws, charter, constitution, or other appropriate organizing
document;
[ 3. 2. ] A copy of the
determination letter issued by the IRS under § 501(c) of the Internal Revenue
Code, if appropriate, or a letter from the national office of an organization
indicating the applicant organization is in good standing and is currently
covered by a group exemption ruling. A letter of good standing is not required
if the applicable national or state office has furnished the department with a
listing of member organizations in good standing in the Commonwealth as of
January 1 of each year and has agreed to promptly provide the department any
changes to the listing as they occur;
[ 4. A copy of the organization's most recent annual
financial statement and balance sheet or most recent Form 990 that has been
filed with the IRS;
5. 3. ] A copy of the written
lease or proposed written lease agreement and all other agreements if the
organization rents or intends to rent a facility where bingo is or will be
conducted. Information on the lease shall include name, address, and phone
number of the landlord; maximum occupancy of the building; and the rental
amount per session; and
[ 6. 4. ] An authorization by
an officer or other appropriate official of the organization to permit the
department to determine whether the organization has been investigated or
examined by the IRS in connection with charitable gaming activities during the
previous three years.
G. Copies of minutes of meetings of the organization and any contracts with landlords or suppliers to which the organization is or may be a party may be requested by the department prior to rendering a permitting decision.
H. Organizations applying to renew a permit previously issued by the department shall submit articles of incorporation, bylaws, charter, constitution, or other organizing document, and IRS determination letter only if there are any amendments or changes to these documents that are directly related to the management, operation, or conduct of charitable gaming.
I. Organizations may request permits to conduct joint bingo games as provided in § 18.2-340.29 of the Code of Virginia.
1. In the case of a joint game, [ all the
organizations each organization ] shall file a permit
application.
2. The nonrefundable permit fee for joint games shall be a
total of $200. [ Volunteer fire departments or rescue squads or
auxiliary units thereof that have been recognized in accordance with
§ 15.2-955 of the Code of Virginia shall be exempt from the payment of
applications fees However, no permit application fee is due if each
of the organizations is exempt from the application fee pursuant to
§ 18.2-340.23 of the Code of Virginia ].
3. A single permit shall be issued in the names of all the organizations conducting a joint game. All restrictions and prohibitions applying to single organizations shall apply to qualified organizations jointly conducting bingo games pursuant to § 18.2-340.29 of the Code of Virginia.
4. No charitable gaming shall be conducted prior to the issuance of a joint permit.
5. Applications for joint games shall include an explanation of the division of manpower, costs, and proceeds for the joint game.
J. An organization wishing to change dates, times, or
locations of its charitable gaming shall request [ a change in
the an amendment to its ] permit. [ Change
Amendment ] requests shall be made in writing on a form prescribed
by the department [ at least 30 days ] in
advance of the proposed effective date.
K. [ Changes in dates, times, or locations
An organization may cancel its charitable gaming ] due to inclement
weather, disasters, or other circumstances outside the organization's control
[ may be made ] without [ a change in
the an amendment to its ] permit. [ The
organization shall request such a change on a form prescribed by the department
as soon as the necessity for the change is known. ]
L. An organization may sell raffle tickets for a drawing to be held outside of the Commonwealth of Virginia in the United States provided:
1. The raffle is conducted by the organization in conjunction with a meeting outside the Commonwealth of Virginia or with another organization that is licensed to conduct raffles outside the Commonwealth of Virginia;
2. The raffle is conducted in accordance with these regulations and the laws and regulations of the state where the drawing is to be held; and
3. The portion of the proceeds derived from the sale of raffle tickets in the Commonwealth is reported to the department.
M. Any permitted organization that ceases to conduct charitable gaming shall immediately notify the department in writing and provide the department a report as to the disposition of all unused gaming supplies on a form prescribed by the department.
11VAC15-40-40. Suspension, revocation, or denial of permit.
A. Pursuant to § 18.2-340.20 of the Code of Virginia, the department may suspend, revoke, or deny the permit to conduct charitable gaming of any organization for cause including, but not limited to, any of the following reasons:
1. The organization is found to be in violation of or has failed to meet any of the requirements of the statutes or regulations governing the operation, management, and conduct of charitable gaming in the Commonwealth.
2. The organization is found to be not in good standing with its state or national organization.
3. The IRS revokes or suspends the organization's tax-exempt status.
4. The organization willfully and knowingly provides false information in its application for a permit to conduct charitable gaming.
5. The organization is found to have a member involved in the management, operation, or conduct of its charitable gaming who has been convicted of any felony or any misdemeanor as follows:
a. For any person participating in the management or operation of any charitable gaming:
(1) Convicted of a felony; or
(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.
b. For any person participating in the conduct of charitable gaming:
(1) Convicted of any felony within the preceding 10 years; or
(2) Convicted of any misdemeanor involving fraud, theft, or financial crimes within the preceding five years.
B. The failure to meet any of the requirements of § 18.2-340.24 of the Code of Virginia shall cause the denial of the permit, and no organization shall conduct any charitable gaming until the requirements are met and a permit is obtained.
C. Except when an organization fails to meet any of the requirements of § 18.2-340.24 of the Code of Virginia, in lieu of suspending, revoking, or denying a permit to conduct charitable gaming, the department may afford an organization an opportunity to enter into a compliance agreement specifying additional conditions or requirements as it may deem necessary to ensure an organization's compliance with the statute and regulations governing the conduct of charitable gaming activities and may require that an organization participates in such training as is offered by the department.
D. If a permit is suspended, the department shall set the terms of the suspension, which shall include the length of the suspension and a requirement that, prior to reinstatement of the permit, the organization shall submit a remedial business plan to address the conditions that resulted in the suspension.
Article 2
Conduct of Games, Rules of Play, Electronic Bingo
11VAC15-40-50. Conduct of bingo, instant bingo, pull-tabs, seal cards, event games, and raffles.
A. Organizations subject to this chapter shall post their permit at all times on the premises where charitable gaming is conducted.
B. No individual shall provide any information or engage in any conduct that alters or is intended to alter the outcome of any charitable game.
C. Individuals under 18 years of age may play bingo provided such persons are accompanied by a parent or legal guardian. It shall be the responsibility of the organization to ensure that such individuals are eligible to play. An organization's house rules may further limit the play of bingo or purchase [ of ] raffle tickets by minors.
D. Individuals under the age of 18 may sell raffle tickets for a qualified organization raising funds for activities in which they are active participants.
E. No individual under the age of 18 may participate in the
management or operation of bingo games. Individuals 14 through 17 years of age
may participate in the conduct of a bingo game provided the organization
permitted for charitable gaming obtains and keeps on file written parental
consent from the parent or legal guardian and verifies the date of birth of
[ such youth the minor ]. An organization's
house rules may further limit the involvement of minors in the conduct of bingo
games.
F. No qualified organization shall sell any instant bingo,
pull-tab, seal card, [ event game card, ] or
electronic [ game card pull-tab ] to any
individual under 18 years of age. No individual under 18 years of age shall
play or redeem any instant bingo, pull-tab, seal card, [ event
game card, ] or electronic [ game card
pull-tab ].
G. Unless otherwise prohibited by the Code of Virginia or this chapter, nonmembers who are under the direct supervision of a bona fide member may participate in the conduct of bingo.
H. All [ volunteer ] game
workers shall have in their possession a picture identification, such as a
driver's license or other government-issued identification, and shall make the
picture identification available for inspection upon request by a department
agent while participating in the management, operation, or conduct of a bingo
game.
I. A game manager who is a bona fide member of the organization and is designated by the organization's management as the person responsible for the operation of the bingo game during a particular session shall be present any time a bingo game is conducted.
J. Organizations shall ensure that all charitable gaming equipment is in working order before charitable gaming activities commence.
K. Any organization selling bingo, instant bingo,
pull-tabs, seal cards, [ event game cards, ] or
electronic [ game cards pull-tabs ] shall:
1. Maintain a supplier's invoice or a legible copy thereof at the location where the gaming is taking place and cards are sold. The original invoice or legible copy shall be stored in the same storage space as the gaming supplies. All gaming supplies shall be stored in a secure area that has access limited only to bona fide members of the organization; and
2. Pay for all gaming supplies only by a check drawn on the charitable gaming account of the organization.
A complete inventory of all such gaming supplies shall be maintained by the organization on the premises where the gaming is being conducted.
L. A [ volunteer working a ] bingo
session [ game worker ] may receive complimentary food
and nonalcoholic beverages provided on premises, as long as the retail value of
such food and beverages does not exceed $15 for each session.
M. Permitted organizations shall not commingle records,
supplies, or funds from permitted activities with those from instant bingo, pull-tabs,
seal cards, [ event game cards, ] or electronic
[ game cards pull-tabs ] sold in social
quarters in accordance with § 18.2-340.26:1 of the Code of Virginia.
N. Individuals who are not members of an organization or are members who do not participate in any charitable gaming activities may be paid reasonable fees for preparation of quarterly and annual financial reports.
O. [ No Except as allowed
pursuant to § 18.2-340.34:1 of the Code of Virginia, no ] free
packs, free electronic bingo devices, discounts, or remuneration in any other
form shall be provided directly or indirectly to [ volunteers
game workers, ] members of their family, or individuals residing in
their household. The reduction of tuition, dues, or any fees or payments due as
a result of a member or shareholder, or anyone in their household, working
bingo games or raffles is prohibited.
P. Individuals providing security for an organization's charitable gaming activity shall not participate in the charitable gaming activity and shall not be compensated with charitable gaming supplies or with rentals of electronic bingo devices [ or electronic pull-tab devices ].
Q. No organization shall award any prize money or any merchandise valued in excess of the amounts specified by the Code of Virginia.
R. Multiple bingo sessions shall be permitted in a single
[ premise premises ] as long as the sessions
are distinct from one another and are not used to advertise or do not result in
the awarding of more in prizes than is permitted for a single qualified
organization. All leases for organizations to conduct charitable gaming in a
single [ premise premises ] shall ensure
[ gaming activity each session ] is separated
by an interval of at least 30 minutes. Bingo sales for the subsequent session
may take place during the 30-minute break once the building is cleared of all
patrons and workers from the previous session.
S. All bingo and instant bingo, pull-tabs, seal card,
[ event game card, ] or electronic [ game
card pull-tab ] sales, play, and redemption must occur
within the time specified on the charitable gaming permit.
T. Instant bingo, pull-tabs, seal cards, [ event
game cards, ] or electronic [ game cards
pull-tabs ] shall only be sold in conjunction with a bingo session,
except as authorized by [ § 18.2-340.26:2 §
18.2-340.26:1 or 18.2-340.26:2 ] of the Code of Virginia. No
instant bingo, pull-tabs, seal card, [ event game card, ]
or electronic [ game card pull-tab ]
sales shall take place more than two hours before [ the
selection of the first ball for the first bingo game ] or
[ more than two hours ] after [ a session
the selection of the last ball for the last bingo game ]. If
multiple sessions are held at the same location, no instant bingo, pull-tab,
seal card, [ event game card, ] or electronic
[ game card pull-tab ] sales shall be
conducted during the required 30-minute break between [ gaming
activities sessions ]. The department may take action if
it believes that a bingo session is not legitimate or is being conducted in a
manner such that instant bingo, pull-tabs, seal cards, [ event
game cards, ] or electronic [ game cards
pull-tabs ] are not being sold in conjunction with a bingo session.
U. Only a [ volunteer ] game
worker [ of for a ] qualified [ organizations
organization ] may rent, exchange, or otherwise provide electronic
bingo devices [ or electronic pull-tab devices ] to
players.
V. A qualified organization shall conduct only bingo games and raffles listed on a game program for that session. The program shall list all prize amounts. If the prize amounts are determined by attendance or at the end of a game, the game program shall list the attendance required for the prize amount or disclose that prizes shall be determined at the end of a game and the method for determining the prize amount. In such case, the organization shall announce the prize amount at the end of the game.
W. A qualified organization selling instant bingo,
pull-tabs, seal cards, or electronic [ game cards
pull-tabs ] shall post a flare provided by the manufacturer at the
location where such cards are sold. All such sales and prize payouts shall be
in accordance with the flare for that deal.
X. Only qualified organizations, facilities in which qualified organizations play bingo, and suppliers permitted by the department shall advertise a bingo game. Providing players with information about bingo games through printed advertising is permitted, provided the name of the qualified organization shall be in a type size equal to or larger than the name of the premises, the hall, or the word "bingo." Printed advertisements shall identify the use of proceeds percentage reported in the past quarter or fiscal year.
Y. Raffles that award prizes based on a percentage of gross receipts shall use prenumbered tickets.
Z. The following rules shall apply to instant bingo,
pull-tab, [ seal card, or event game card or seal
card ] dispensing devices:
1. A dispensing device shall only be used at a location and time during which a qualified organization holds a permit to conduct charitable gaming. Only cards purchased by an organization to be used during the organization's charitable gaming activity shall be in the dispensing device.
2. Keys to the dispensing area and coin/cash box shall be in the possession and control of the game manager or designee of the organization's board of directors at all times. Keys shall at all times be available at the location where the dispensing device is being used.
3. The game manager or designee shall provide access to the dispensing device to a department agent for inspection upon request.
4. Only a [ volunteer ] game
worker of an organization may stock the dispensing device, remove cash, or pay
winners' prizes.
AA. Organizations shall only purchase gaming supplies from a supplier who has a current permit issued by the department.
BB. An organization shall not tamper with bingo paper received from a supplier.
CC. The total amount of all discounts given by any organization during any fiscal year shall not exceed 1.0% of the organization's gross receipts.
11VAC15-40-60. Rules of play.
A. Each organization shall adopt "house rules"
regarding conduct of the game. Such rules shall be consistent with the
provisions of the law and this chapter. "House rules" shall be
conspicuously posted or [ , at an organization's option, ]
printed on the game program.
B. All players shall be physically present at the location where the bingo numbers for a bingo game are drawn to play the game or to claim a prize. Seal card prizes that can only be determined after a seal is removed or opened must be claimed within 30 days of the close of a deal. All other prizes must be claimed on the game date.
C. The following rules of play shall govern the sale of instant bingo, pull-tabs, and seal cards:
1. No cards that have been marked, defaced, altered, tampered with, or otherwise constructed in a manner that tends to deceive the public or affect the chances of winning or losing shall be placed into play.
2. Winning cards shall have the winning symbol or number defaced or punched immediately after redemption by the organization's authorized representative.
3. An organization may commingle unsold instant bingo cards and pull-tabs with no more than one additional deal. The practice of commingling deals shall be disclosed to the public via house rules or in a similar manner. Seal card deals shall not be commingled.
4. If a deal is not played to completion and unsold cards remain, the remaining cards shall be sold at the next session the same type of ticket is scheduled to be sold. If no future date is anticipated, the organization shall, after making diligent efforts to sell the entire deal, consider the deal closed or completed. The unsold cards shall be retained for [ a minimum of ] three years following the close of the fiscal year and shall not be opened.
5. All seal card games purchased shall contain the sign-up sheet, the seals, and the cards packaged together in each deal.
6. Progressive seal card prizes not claimed within 30 days shall be carried forward to the next progressive [ seal card ] game in progress and paid to the next progressive [ seal card ] game prize winner.
D. No one involved in the conduct of bingo may play bingo
at any session they have worked or intend to work. No one involved in the sale
or redemption of any instant bingo, pull-tabs, seal cards, or electronic
[ game cards pull-tabs ] may purchase
directly or through others instant bingo, pull-tab, seal card, or electronic
[ game card pull-tab ] products from
organizations they assist on the day they have worked or from any deal they
have helped sell or redeem, whichever occurs later.
E. Electronic bingo.
1. Electronic bingo devices may be used by bingo players in the following manner:
a. Players may input into the device each number called or the device may automatically daub each number as the number is called;
b. Players must notify the game operator or caller of a winning pattern of bingo by a means other than use of the electronic [ bingo ] device;
c. Players are limited to playing a maximum of 54 card faces per device per game;
d. Electronic bingo devices shall not be reserved for players. Each player shall have an equal opportunity to use the available [ electronic bingo ] devices on a first come, first served basis;
e. Each electronic bingo device shall produce a player receipt with the organization name, date, time, location, sequential transaction or receipt number, number of electronic bingo cards loaded, cost of electronic bingo cards loaded, and date and time of the transaction. Images of cards or faces stored in an electronic [ bingo ] device must be exact duplicates of the printed faces if faces are printed;
f. Department agents may examine and inspect any electronic bingo device and related system. Such examination and inspection shall include immediate access to the [ electronic bingo ] device and unlimited inspection of all parts and associated systems and may involve the removal of equipment from the game premises for further testing;
g. All electronic bingo devices must be loaded or enabled for play on the premises where the game will be played;
h. All electronic bingo devices shall be rented or otherwise provided to a player only by an organization and no part of the proceeds of the rental of such devices shall be paid to a landlord, or his employee, agent, or member of his immediate family; and
i. If a player's call of a bingo is disputed by another player, or if a department agent makes a request, one or more cards stored on an electronic bingo device shall be printed by the organization.
2. Players may exchange a defective electronic bingo device for another [ electronic bingo ] device provided a disinterested player verifies that the device is not functioning. A disinterested player shall also verify that no numbers called for the game in progress have been keyed into the replacement [ electronic bingo ] device prior to the exchange.
F. The following rules of play shall govern the conduct of raffles:
1. Before a prize drawing, each stub or other detachable section of each ticket sold shall be placed into a receptacle from which the winning tickets shall be drawn. The receptacle shall be designed so that each ticket placed in it has an equal chance to be drawn.
2. All prizes shall be valued at fair market value.
G. The following rules shall apply to "decision bingo" games:
1. Decision bingo shall be played on bingo cards in the conventional manner.
2. Players shall enter a game by paying a predetermined amount for each card face in play.
3. Players shall pay a predetermined fee for each set of three bingo numbers called for each card in play.
4. The prize amount shall be the total of all fees not to exceed the prize limit set forth for regular bingo in § 18.2-340.33 of the Code of Virginia. Any excess funds shall be retained by the organization.
5. The predetermined amounts in subdivisions 2 and 3 of this subsection shall be printed in the game program. The prize amount for a game shall be announced before the prize is paid to the winner.
H. The following rules shall apply to "treasure chest" games:
1. The organization shall list the treasure chest game on the bingo game program as a "Treasure Chest Raffle."
2. The organization shall have house rules posted that describe how the game is to be played.
3. The treasure chest participant shall only be selected through some other authorized charitable game at the same bingo session.
4. The organization shall account for all funds as treasure chest/raffle sales on the session reconciliation form.
5. If the player does not open the lock on the treasure chest, the game manager or his designee shall proceed to try every key until the correct key opens the treasure chest lock to show all players that one of the keys will open the lock.
I. The following rules shall apply to progressive bingo games:
1. Bingo paper sold for use in progressive bingo games shall conform to the standards set forth in 11VAC15-40-130.
2. Organizations shall not include in admission packs the bingo paper intended for use in progressive bingo games.
3. Any progressive bingo game, its prize, and the number of bingo numbers to be called shall be clearly announced before the progressive bingo game is played and shall be posted on the premises where the progressive bingo game is played during each session that a progressive bingo game is played.
4. Pricing for a progressive bingo game card or sheet shall be listed on the game program.
5. If the predetermined pattern is not covered within the predetermined number of bingo numbers to be called, then the number of bingo numbers called will increase by one number for each subsequent session the progressive [ bingo ] game is played.
6. If the predetermined pattern is not covered within the predetermined number of bingo numbers to be called for that progressive bingo game, then the game will continue as a regular bingo game until the predetermined pattern is covered and a regular bingo prize is awarded.
7. The prize for any progressive bingo game shall be in accordance with the provisions of [ subdivision 10 of ] § 18.2-340.33 of the Code of Virginia.
J. The following rules shall apply to "WINGO":
1. "WINGO" shall be played only for the hearing-impaired players.
2. "WINGO" shall utilize a visual device such as an oversized deck of cards in place of balls selected from a blower.
3. A caller must be in an area visible to all players and shall randomly select cards or other visual devices one at a time and display them so that all players can see them.
4. The organization must have house rules for "WINGO" and the rules shall identify how players indicate that they have won.
5. All financial reporting shall be consistent with reporting for a traditional bingo game.
K. The following rules of play shall apply to event games:
1. No instant bingo cards or pull-tabs that have been marked, defaced, altered, tampered with, or otherwise constructed in a manner that tends to deceive the public or affect the chances of winning or losing shall be placed into play.
2. Instant bingo cards and pull-tabs used in an event game shall not be offered for sale or sold at a purchase price other than the purchase price indicated on the flare for that particular deal.
3. The maximum prize amount for event games shall not exceed
the amount set forth in [ subdivision 9 of ] §
18.2-340.33 [ (9) ] of the Code of Virginia for
instant bingo, pull-tab, or seal card.
4. A sign-up sheet is not required for event games in which the winner or winners are determined using a seal card.
5. Organizations shall determine the winner or winners of event games during the same bingo session in which the instant bingo cards or pull-tabs are sold.
6. An authorized representative of the organization shall deface or punch the winning instant bingo cards or winning pull-tabs immediately after redemption.
7. If unsold bingo cards or unsold pull-tabs remain, the unsold cards shall be retained for [ a minimum of ] three years following the close of the fiscal year and shall not be opened.
Article 3
Bank Accounts, Recordkeeping, Financial Reporting, Audits, Fees
11VAC15-40-70. Bank accounts.
A. A qualified organization shall maintain a charitable gaming bank account that is separate from any other bank account and all gaming receipts shall be deposited into the charitable gaming bank account.
B. Disbursements for expenses other than prizes and reimbursement of meal expenses shall be made by check directly from a charitable gaming account.
C. All charitable gaming bank account records, including but not limited to monthly bank statements, canceled checks or facsimiles thereof, and reconciliations, shall be maintained for [ a minimum of ] three years following the close of a fiscal year.
D. All receipts from each session of bingo games and
instant bingo, pull-tabs, [ or ] seal cards,
[ or electronic pull-tabs ] shall be deposited by the
second business day following the session at which they were received.
E. Raffle proceeds shall be deposited into the qualified organization's charitable gaming bank account no later than the end of the calendar week following the week during which the organization received the proceeds.
11VAC15-40-80. Recordkeeping.
A. In addition to the records required by § 18.2-340.30 D of the Code of Virginia, qualified organizations conducting bingo shall maintain a system of records for a minimum of three years [ from the close of the fiscal year ], unless otherwise specified [ , ] for each gaming session on forms prescribed by the department, or reasonable facsimiles of those forms approved by the department, that include:
1. Charitable gaming supplies purchased and used;
2. A session reconciliation form [ and, ]
an instant bingo, pull-tab, [ or ] seal card
[ reconciliation form ], [ or and
an ] electronic [ game card pull-tab ]
reconciliation form completed and signed within 48 hours of the end of the
session by the bingo manager;
3. All discounts provided;
4. A reconciliation to account for cash received from floor workers for the sale of extra bingo sheets for any game;
5. [ Number of electronic bingo devices
rented, unique serial numbers of such devices, number of faces sold by each
unit, and a summary report for each session to include date, time, location,
and detailed information on income and expenses The summary report
that electronic bingo systems are required to maintain pursuant to
11VAC15-40-130 D 11 ];
6. An admissions control system that provides a cross-check on the number of players in attendance and admission sales. This may include a ticket control system, cash register, or any similar system;
7. All operating expenses including rent, advertising, and security. Copies of invoices for all such expenses shall also be maintained;
8. Expected and actual receipts from games played on hard cards and number of games played on hard cards;
9. A record of the name and address of each winner for all seal cards; in addition, the winning ticket and seal card shall be maintained for a minimum of 90 days after the session;
10. A record of all door prizes awarded; and
11. For any prize or jackpot of a value that meets or exceeds the reporting requirements in the Internal Revenue Service's Publication 3079, the name and address of each individual to whom any such prize or jackpot is awarded and the amount of the award.
B. Qualified organizations conducting raffles shall have a recordkeeping system to account for cash receipts, cash disbursements, raffle tickets purchased or sold, and prizes awarded. All records shall be maintained for [ a minimum of ] three years from the close of the fiscal year. The recordkeeping system shall include:
1. Invoices for the purchase of raffle tickets, which shall reflect the following information:
a. Name and address of supplier;
b. Name of purchaser;
c. Date of purchase;
d. Number of tickets printed;
e. Ticket number sequence for tickets printed; and
f. Sales price of individual ticket;
2. A record of cash receipts from raffle ticket sales by tracking the total number of tickets available for sale, the number issued to sellers, the number returned, the number sold, and reconciliation of all raffle sales to receipts;
3. Serial numbers of tickets for raffle sales initiated and concluded at a bingo game or sequentially numbered tickets, which shall state the name, address, and telephone number of the organization, the prize or prizes to be awarded, the date of the prize drawing or selection, the selling price of the raffle ticket, and the charitable gaming permit number;
4. For any raffle prize of a value that meets or exceeds the reporting requirements in the Internal Revenue Service's Publication 3079, receipts on which prize winners must provide printed name, residence address, and the amount and description of the prize received; and
5. Deposit records of the required weekly deposits of raffle receipts.
C. All raffle tickets shall have a detachable section; be consecutively numbered with the detachable section having the same number; provide space for the purchaser's name, complete address, and telephone number; and state (i) the name and address of the organization; (ii) the prize or prizes to be awarded; (iii) the date, time and location of the prize drawing; (iv) the selling price of the ticket; and (v) the charitable gaming permit number. Winning tickets and unsold tickets shall be maintained for [ a minimum of ] three years from the close of the fiscal year.
D. All unused charitable gaming supplies shall either be
returned for refund to the original supplier in unopened original packaging in
resalable condition as determined by the supplier or [ turned in
to the department for destruction destroyed following notification to
the department on a form prescribed by the department ]. The
organization shall maintain a receipt for all such supplies returned to the
supplier or [ turned in to the department destroyed ].
11VAC15-40-90. Financial reporting, penalties, inspections, and audits.
A. Each charitable gaming permit holder shall file an annual report of receipts and disbursements by March 15 of each year on a form prescribed by the department. The annual report shall cover the activity for the fiscal year.
B. The annual report shall be accompanied by the audit and administration fee as established by the department for the fiscal year unless the fee has been remitted with quarterly reports or the organization is exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia.
C. An organization desiring an extension to file its annual report for good cause shall request the extension in writing on a form prescribed by the department and shall pay the projected audit and administration fee, unless exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia. The extension request and payment of projected fees shall be made in accordance with the provisions of § 18.2-340.30 of the Code of Virginia.
D. Unless exempted by § 18.2-340.23 of the Code of Virginia, qualified organizations realizing any gross gaming receipts in any calendar quarter shall file a quarterly report of receipts and disbursements on a form prescribed by the department as follows:
Quarter Ending |
Date Due |
March 31 |
June 1 |
June 30 |
September 1 |
September 30 |
December 1 |
December 31 |
March 1 |
Qualified organizations shall submit quarterly reports with the appropriate audit and administration fee unless the organization is exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia. An annual financial report may substitute for a quarterly report if the organization has no further charitable gaming income during the remainder of the reporting period and the annual report is filed by the due date for the applicable calendar quarter.
E. An organization desiring an extension to file its quarterly report for good cause shall request the extension in writing on a form prescribed by the department and shall pay the projected audit and administration fee unless exempt from payment of the fee pursuant to § 18.2-340.23 of the Code of Virginia. The extension request and payment of projected fees shall be made in accordance with the provisions of § 18.2-340.30 of the Code of Virginia.
F. Organizations failing to file required reports, request an extension, or make fee payments when due shall be charged a penalty of $25 per day from the due date until such time as the required report is filed.
G. Any qualified organization in possession of funds derived from charitable gaming (including those who have ceased operations), regardless of when such funds may have been received or whether it has a valid permit from the department, shall file an annual financial report on a form prescribed by the department on or before March 15 of each year until such funds are depleted. If an organization ceases the conduct of charitable gaming, it shall provide the department with the name of an individual who shall be responsible for filing financial reports. If no such information is provided, the president of an organization shall be responsible for filing reports until all charitable gaming proceeds are depleted.
H. If an organization has been identified through inspection, audit, or other means as having deficiencies in complying with statutory or regulatory requirements or having ineffective internal controls, the department may impose restrictions or additional recordkeeping and financial reporting requirements.
I. Any records deemed necessary to complete an inspection, audit, or investigation may be collected by the department, its employees, or its agents from the premises of an organization or any location where charitable gaming is conducted. The department shall provide a written receipt of such records at the time of collection.
11VAC15-40-100. Use of proceeds.
A. All payments by an organization intended as use of proceeds must be made by check written from the organization's charitable gaming account.
B. Use of proceeds payments may be made for scholarship
funds or the future acquisition, construction, remodeling, or improvement of
real property or the acquisition of other equipment or vehicles to be used for
religious, charitable, educational, or community purposes. In addition, an
organization may obtain department approval to establish a special fund account
or an irrevocable trust fund for special circumstances. Transfers to such an
account or an irrevocable trust fund from the organization's charitable gaming
account may be included as a use of proceeds if the payment is authorized by
[ an the ] organization's board of directors.
No payments made to such a special fund account shall be withdrawn for other than the specified purpose unless prior notification is made to the department.
C. Expenditures of charitable gaming funds for social or recreational activities or for events, activities, or programs that are open primarily to an organization's members and their families shall not qualify as use of proceeds unless substantial benefit to the community is demonstrated.
D. Payments made to or on behalf of indigent, sick, or deceased members or their immediate families shall be allowed as use of proceeds provided they are approved by the organization's board of directors and the need is documented.
E. Payments made directly for the benefit of an individual member, member of his family, or person residing in his household shall not be allowed as a use of proceeds unless authorized by law or elsewhere in this chapter.
F. Use of proceeds payments by an organization shall not be made for any activity that is not permitted by federal, state, or local laws or for any activity that attempts to influence or finance directly or indirectly political persons or committees or the election or reelection of any person who is or has been a candidate for public office.
G. Organizations shall maintain details of all use of proceeds disbursements for a minimum of three years [ from the close of the fiscal year ] and shall make this information available to the department upon request.
H. The department may disallow a use of proceeds payment to be counted against the minimum percentage referred to in 11VAC15-40-20 D. If any payment claimed as use of proceeds is subsequently disallowed, an organization may be allowed additional time as specified by the department to meet minimum use of proceeds requirements.
Article 4
Rent
11VAC15-40-110. Requirements regarding renting premises, agreements, and landlord participation.
A. No organization shall rent or use any leased premises to conduct charitable gaming unless all terms for rental or use are set forth in a written agreement and signed by the parties thereto prior to the issuance of a permit to conduct charitable gaming. A qualified organization that leases a building or other premises that is utilized in whole or in part for the purpose of conducting charitable gaming more frequently than two calendar days in one calendar week shall only lease such premises directly from (i) a qualified organization that is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code or (ii) any county, city, or town.
B. Organizations shall not make payments to a landlord except by check drawn on the organization's charitable gaming account.
C. No landlord, his agent or employee, member of his immediate family, or person residing in his household shall make directly or indirectly a loan to any officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming of an organization in Virginia that leases its charitable gaming facility from the landlord.
D. No landlord, his agent or employee, member of his immediate family, or person residing in his household shall make any direct or indirect payment to any officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming conducted at a facility rented from the landlord in Virginia unless the payment is authorized by the lease agreement and is in accordance with the law.
E. 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:
1. Participate in the management, operation, or conduct of any charitable games;
2. Sell, lease, or otherwise provide any bingo supplies
including, but not limited to, bingo cards, pull-tab cards, electronic
[ game cards pull-tabs ], or other game
pieces; or
3. Require as a condition of the lease or contract that a particular manufacturer, distributor, or supplier of bingo supplies is used by the organization.
"Bingo supplies" as used in this chapter shall not include glue, markers, or tape sold from concession stands or from a location physically separated from the location where bingo supplies are normally sold.
F. No member of an organization involved in the management, operation, or conduct of charitable gaming shall provide any services to a landlord or be remunerated in any manner by the landlord of the facility where an organization is conducting its charitable gaming.
Part III
Suppliers
11VAC15-40-120. Suppliers of charitable gaming supplies: application, qualifications, suspension, revocation or refusal to renew permit, maintenance, and production of records.
A. Prior to providing any charitable gaming supplies, a supplier
shall submit an application on a form prescribed by the department and receive
a permit. A $1,000 application fee payable to the Treasurer of Virginia is
required. In addition, a supplier must be authorized to conduct business in the
Commonwealth of Virginia, which may include, but not be limited to,
registration with the State Corporation Commission, the Department of Taxation,
and the Virginia Employment Commission. The actual cost of background
investigations for a permit may be billed by the department to an applicant.
[ The department shall act on an application within 90 days of
receipt of the application. ]
B. The department may refuse to issue a permit or may suspend or revoke a permit if an officer, director, employee, agent, or owner:
1. Is operating without a valid license, permit, or certificate as a supplier or manufacturer in any state in the United States;
2. Fails or refuses to recall a product as directed by the department;
3. Conducts business with unauthorized entities or is not authorized to conduct business in the Commonwealth of Virginia;
4. Has been convicted of or pleaded nolo contendere to any crime as specified by § 18.2-340.34 B of the Code of Virginia; has had any license, permit, certificate, or other authority related to activities defined as charitable gaming in the Commonwealth suspended or revoked in the Commonwealth or in any other jurisdiction; has failed to file or has been delinquent in excess of one year in the filing of any tax returns or the payment of any taxes due the Commonwealth; or has failed to establish a registered office or registered agent in the Commonwealth if so required by § 13.1-634 or 13.1-763 of the Code of Virginia. As this provision relates to employees or agents, it shall only apply to individuals involved in sales to or solicitations of customers in the Commonwealth of Virginia;
5. Fails to notify the department within 20 days of the occurrence, knowledge, or receipt of the filing of any administrative or legal action relating to charitable gaming or the distribution of charitable gaming supplies involving or concerning the supplier, any officers or directors, employees, agent, or owner during the term of its permit;
6. Fails to provide to the department upon request a current
Letter for Company Registration on file with the U.S. Department of
Justice-Gambling Devices Registration Unit, if required in accordance with
[ The the ] Gambling Devices Act of 1962
[ , 15 USC §§ 1171-1178, (15 USC 1171-1178) ]
for any device that it sells, distributes, services, or maintains in the
Commonwealth of Virginia; or
7. Has been engaged in conduct that would compromise the department's objective of maintaining the highest level of integrity in charitable gaming.
C. A supplier shall not sell, offer to sell, or otherwise provide charitable gaming supplies for use by anyone in the Commonwealth of Virginia other than to an organization with a permit from the department or another permitted supplier. However, a supplier may:
1. Sell charitable gaming supplies to an organization that
expects to gross the amount set forth in § 18.2-340.23 of the Code of
Virginia or less in any 12-month period, providing that the amount of such
purchase would not be reasonably expected to produce more than the amount set forth
in § 18.2-340.23 of the Code of Virginia in gross sales. For each such
organization, the supplier shall maintain the name, address, and telephone
number. The supplier shall also obtain a written and signed statement from an
officer or game manager of such organization confirming that gross receipts are
expected to be the amount set forth in § 18.2-340.23 of the Code of
Virginia or less. Such statement shall be dated and kept on file for
[ a minimum of ] three years from the [ end
close ] of a fiscal year.
2. Sell bingo cards and paper to persons or entities other
than qualified organizations provided such supplies shall not be sold or
otherwise provided for use in charitable gaming activities regulated by the
department or in unlawful gambling activities. For each such sale, the supplier
shall maintain the name, address, and telephone number of the purchaser. The
supplier shall also obtain a written statement from the purchaser verifying
that such supplies will not be used in charitable gaming or any unlawful
gambling activity. Such statement shall be dated and kept on file for
[ a minimum of ] three years from the [ end
close ] of a fiscal year. Payment for such sales in excess of $50
shall be accepted in the form of a check.
3. Sell pull-tabs, seal cards, [ event game
cards, ] and electronic [ game cards
pull-tabs ] to organizations for use only upon the premises owned
or exclusively leased by the organization and at such times as the portion of
the premises in which the pull-tabs, seal cards, [ event game cards, ]
or electronic [ game cards pull-tabs ] are
sold is open only to members and their guests as authorized by
§ 18.2-340.26:1 of the Code of Virginia. Each such sale shall be accounted
for separately and the accompanying invoice shall be clearly marked: "For
Use in Social Quarters Only."
All such sales shall be documented pursuant to subsection H
of this section and reported to the department pursuant to subsection J of this
section. This provision shall not apply to the sale to landlords of equipment and
video systems as defined in this chapter. [ Equipment and video
systems shall not include dispensing devices, electronic bingo devices, and
player devices. ]
D. A supplier shall not sell, offer to sell, or otherwise provide charitable gaming supplies to any individual or organization in the Commonwealth of Virginia unless the charitable gaming supplies are purchased or obtained from a manufacturer or another permitted supplier. Suppliers may take back for credit and resell supplies received from an organization with a permit that has ceased charitable gaming or is returning supplies not needed.
E. No supplier, supplier's agent, or employee may be involved in the management, operation, or conduct of charitable gaming in the Commonwealth of Virginia. No member of a supplier's immediate family or person residing in the same household as a supplier may be involved in the management, operation, or conduct of charitable gaming of any customer of the supplier in the Commonwealth of Virginia. No supplier, supplier's agent, or employee may participate in any charitable gaming of any customer of the supplier in the Commonwealth of Virginia. For the purposes of this regulation, servicing of electronic [ bingo ] devices [ or electronic pull-tab devices ] shall not be considered conduct or participation.
F. The department shall conduct a background investigation prior to the issuance of a permit to any supplier. The investigation may include, but shall not be limited to, the following:
1. A search of [ the Virginia Central
Criminal Records Exchange (CCRE) criminal history ] on
all officers, directors, and owners; and
2. Verification of current compliance with Commonwealth of Virginia tax laws.
If the officers, directors, or owners are domiciled outside of the Commonwealth of Virginia, or have resided in the Commonwealth of Virginia for fewer than five years, a criminal history search conducted by the appropriate authority in any state in which they have resided during the previous five years shall be provided by the applicant.
G. Appropriate information and authorizations shall be provided to the department to verify information cited in subsection F of this section.
H. Suppliers shall document each sale or rental of charitable gaming supplies to an organization in the Commonwealth of Virginia on an invoice, which reflects the following:
1. Name, address, and OCG number of the organization;
2. Date of sale or rental and location where bingo supplies are shipped if different from the billing address;
3. Name, form number, and serial number of each deal of
instant bingo, pull-tabs, seal cards, electronic [ game cards
pull-tabs ], or bundles and the [ number
quantity ] of cards in each deal;
4. Quantity of deals sold, the cost per deal, the selling price per card, the cash take-in per deal, and the cash payout per deal;
5. Serial number of the top sheet in each pack of disposable
bingo paper, the [ number quantity ] of
sheets in each pack or pad, the cut and color, and the [ number
quantity ] of packs or pads sold;
6. Serial number for each series of uncollated bingo paper and the number of sheets sold;
7. Detailed information concerning the type, quantity, and
individual price of any other charitable gaming supplies or related items including,
but not limited to, concealed face bingo cards, hard cards, markers or daubers
and refills, or any other merchandise. For concealed face bingo cards, the
[ number quantity ] of sets, price per set,
and the serial number of each set shall be included;
8. Serial number of each [ player
electronic pull-tab ] device, [ the form
a description of the physical attributes ] of the [ player
electronic pull-tab ] device, the [ number
quantity ] of [ player electronic
pull-tab ] devices sold or rented, and the physical address to
which each [ player electronic pull-tab ] device
is shipped [ or delivered ];
9. Serial number and description of any other equipment sold
or rented that is used to facilitate the distribution, play, and redemption of
electronic [ game cards pull-tabs ] and
the physical address to which the equipment is shipped [ or
delivered ]; and
10. Any type of equipment, device, or product manufactured for or intended to be used in the conduct of charitable games including, but not limited to, designators, designator receptacles, number display boards, selection devices, dispensing machines, and verification devices.
I. Suppliers shall ensure that two copies of the detailed invoice are provided to the customer for each sale of charitable gaming supplies.
J. Each supplier shall provide a report to the department
by March 1 of each year on sales of charitable gaming supplies for the fiscal
year ending December 31 of the previous year to each organization in the
Commonwealth of Virginia. This report shall be provided to the department
[ on computer disk or other department-approved media via
a department-approved electronic medium ]. The report shall include
the name and address of each organization and the following information for
each sale or transaction:
1. Bingo paper sales including purchase price, description
of paper to include [ number quantity ] of
sheets in pack and [ number quantity ] of
faces on sheet, and quantity of single sheets or packs shipped;
2. Deals of instant bingo, pull-tabs, seal cards, electronic
[ game cards pull-tabs ], or any other raffle
sales including purchase price, deal name, deal form number, [ number
quantity ] of tickets in deal, ticket price, cash take-in per deal,
cash payout per deal, and [ number quantity ]
of deals;
3. Electronic bingo device sales including purchase or
rental price and [ number quantity ] of
units;
4. Equipment used to facilitate the distribution, play, and
redemption of electronic [ game cards pull-tabs ]
including purchase or rental price, description of equipment, [ number
quantity ] of units of each type of equipment, and the physical
address to which the equipment is shipped [ or delivered ];
and
5. Sales of miscellaneous items such as daubers, markers,
and other merchandise including purchase price, description of product, and
[ number quantity ] of units.
K. The department shall set manufacturing and testing criteria for all electronic bingo devices and other equipment used in the conduct of charitable gaming. An electronic bingo device shall not be sold, leased, or otherwise furnished to any person in the Commonwealth of Virginia for use in the conduct of charitable gaming until an identical sample device containing identical proprietary software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The testing facility must certify that the device conforms, at a minimum, to the restrictions and conditions set forth in these regulations. Once the testing facility reports the test results to the department, the department will either approve or disapprove the submission and inform the manufacturer of the results within 10 business days. If any such equipment does not meet the department's criteria, it shall be recalled and shall not be distributed in the Commonwealth of Virginia. The cost of testing shall be borne by the manufacturer of such equipment.
L. Department employees shall have the right to inspect all electronic and mechanical equipment used in the conduct of charitable gaming.
M. Suppliers, their agents and employees, members of the supplier's immediate family, or persons residing in their household shall not make any loan directly or indirectly to any organization or officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming of a supplier's customer located in the Commonwealth of Virginia.
N. No supplier, supplier's agent, or employee shall directly or indirectly provide a rebate, discount, or refund to any person other than an organization that purchases supplies or leases or purchases equipment from the supplier. All such transactions shall be recorded on the supplier's account books.
O. A supplier shall not rent, sell, or otherwise provide
electronic bingo devices or equipment used to distribute, play, or redeem
electronic [ game cards pull-tabs ] unless
the supplier possesses a valid permit in the Commonwealth of Virginia.
P. A written agreement specifying the terms of lease or
rental shall be required for any electronic bingo devices or equipment used to
distribute, play, or redeem electronic [ game cards
pull-tabs ] provided to an organization.
11VAC15-40-130. Construction and other standards for bingo,
instant bingo, pull-tabs, seal cards, [ event games, ]
raffles, electronic bingo devices, and instant bingo, pull-tab, and seal
card dispensers.
A. No supplier shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use bingo supplies unless they conform to the following construction standards:
1. Disposable paper sold shall be of sufficient weight and quality to allow for clearly readable numbers and to prevent ink from spreading, bleeding, or otherwise obscuring other numbers or cards.
2. Each sheet of disposable bingo paper shall be comprised of cards bearing a serial number. No serial number shall be repeated on or in the same style, series, and color of cards within a three-year period.
3. Disposable bingo paper assembled in books or packs shall not be separated except for single-sheet specials. This provision does not apply to two-part cards on which numbers are filled by players and one part is separated and provided to an organization for verification purposes.
4. Each unit of disposable bingo paper shall have an exterior label listing the following information:
a. Description of product;
b. Number of packs or loose sheets;
c. Series numbers;
d. Serial number of the top sheet;
e. Number of cases;
f. Cut of paper; and
g. Color of paper.
5. "Lucky Seven" bingo cards or electronic facsimiles thereof shall have a single face where seven numbers shall be chosen. "Lucky Seven" sheets or electronic facsimiles thereof shall have multiple faces where seven numbers shall be chosen per face.
B. No supplier shall knowingly sell or otherwise provide to
an organization and no organization shall knowingly use instant bingo,
pull-tab, [ or ] seal cards [ , or event
game cards ] unless they conform to the following
construction standards:
1. Cards shall be constructed so that concealed numbers, symbols, or winner protection features cannot be viewed or determined from the outside of the card by using a high intensity lamp of 500 watts, with or without utilizing a focusing lens.
2. Deals shall be designed, constructed, glued, and assembled in a manner to prevent determination of a winning or losing ticket without removing the tabs or otherwise uncovering the symbols or numbers as intended.
3. Each card in a deal shall bear the same serial number. Only one serial number shall be used in a deal. No serial number used in a deal shall be repeated by the same manufacturer on that same manufacturer's form within a three-year period. The flare of each deal shall accompany the deal and shall have affixed to it the same serial number as the tickets in such deal.
4. Numbers or symbols on cards shall be fully visible in the window and shall be placed so that no part of a number or symbol remains covered when the tab is removed.
5. Cards shall be glued on all edges and around each window. Glue shall be of sufficient strength and type to prevent the undetectable separation or delamination of the card. For banded tickets, the glue must be of sufficient strength and quality to prevent the separation of the band from the ticket.
6. The following minimum information shall be printed on a card:
a. Break open pull-tab [ , and ]
instant bingo cards [ , and event game cards ]:
(1) Name of the manufacturer or its distinctive logo;
(2) Name of the game;
(3) Manufacturer's form number;
(4) Price per individual card or bundle;
(5) Unique minimum five-digit game serial number printed on the game information side of the card; and
(6) Number of winners and respective winning number or symbols and specific prize amounts unless accompanied by a manufacturer's preprinted publicly posted flare with that information.
b. Banded pull-tabs:
(1) Manufacturer;
(2) Serial number;
(3) Price per individual card or bundle unless accompanied by a manufacturer's preprinted publicly posted flare with that information; and
(4) Number of winners and respective winning numbers or symbols and prize amounts or a manufacturer's preprinted publicly posted flare giving that information.
7. All seal card games sold to organizations shall contain the sign-up sheet, seals, and cards packaged together in each deal.
C. Raffle tickets used independent of a bingo game must conform to the following construction standards:
1. Each ticket shall have a detachable section and shall be consecutively numbered.
2. Each section of a ticket shall bear the same number. The section retained by the organization shall provide space for the purchaser's name, complete address, and telephone number.
3. The following information shall be printed on the purchaser's section of each ticket:
a. Dates and times of drawings;
b. Locations of the drawings;
c. Name of the charitable organization conducting the raffle;
d. Price of the ticket;
e. Charitable gaming permit number; and
f. Prizes.
Exceptions to these construction standards are allowed only with prior written approval from the department.
D. Electronic bingo.
1. The department, at its discretion, may require additional testing of electronic bingo devices at any time. Such additional testing shall be at the manufacturer's expense and shall be a condition of the continued use of such device.
2. All electronic bingo devices shall use proprietary
software and hardware or commonly available software and [ computers
hardware ] and shall be enabled for play on the premises where the
game is to be played.
3. Each electronic bingo device shall have a unique
identification number [ permanently coded securely
encoded ] into the software of [ such the ]
device. [ The unique identification number shall not be
alterable by anyone other than the manufacturer of the electronic bingo device. ]
Manufacturers of electronic bingo devices shall employ sufficient security
safeguards in designing and manufacturing the devices such that it may be
verified that all proprietary software components are authentic copies of the
approved software components and all functioning components of the device are
operating with identical copies of approved software programs. The [ electronic
bingo ] device must also have sufficient security safeguards so
that any restrictions or requirements authorized by the department or any
approved proprietary software are protected from alteration by unauthorized
personnel. The [ electronic bingo ] device shall not
contain hard-coded or unchangeable passwords. Security measures that may be
employed to comply with these provisions include, but are not limited to, the
use of dongles, digital signature comparison hardware and software, secure boot
loaders, encryption, and key and callback password systems.
[ 4. A firewall or equivalent hardware device configured to block all inbound and outbound traffic that has not been expressly permitted and is not required for the continued use of the electronic bingo system must exist between the electronic bingo system and any external point of access. ]
[ 4. 5. ] Electronic bingo
devices shall not allow a player to create a card by the input of specific
numbers on each card. Manufacturers shall ensure that an electronic bingo
device does not allow for the play of any bingo card faces other than those
verifiably purchased by the patron.
[ 5. 6. ] Electronic bingo
devices shall not accept cash, currency, or tokens for play.
[ 6. 7. ] Electronic bingo
devices shall require the manual entry of numbers as they are called, the
manual verification of numbers as they have been electronically transmitted to
the device, or the full automatic daubing of numbers as each number is called.
During the play of a bingo game, the transmission of data to electronic bingo
devices shall be limited to one-way communication to the [ electronic
bingo ] device and shall consist only of [ the
number called publicly available information regarding the current
game ].
[ 7. 8. ] A device shall not
allow the play of more than 54 cards per device per game.
[ 8. 9. ] The electronic
bingo device system shall record a sequential transaction number or audit
tracking number for each transaction. The system shall not allow the manual
resetting or changing of this number.
[ 9. 10. ] The system shall
produce a receipt [ and a transaction log for each
electronic bingo device rented or otherwise provided ] containing
the following:
a. Organization name;
b. Location of bingo game;
[ c. Date and time of the transaction; ]
[ c. d. ] Sequential
transaction or receipt number;
[ d. Number of electronic bingo cards loaded;
e. Cost of electronic bingo cards loaded; and
f. Date and time of each transaction.
e. Description of each electronic bingo product loaded. The description must include the quantity of bingo card faces that appear on each electronic bingo product (i.e., 9 Jackpot) and the sales price of each electronic bingo product;
f. Quantity of each electronic bingo product loaded; and
g. Total sales price of the transaction. ]
[ 10. 11. ] The system shall
maintain and make available on demand a summary report for each session that
includes the following:
a. Organization name;
b. [ Physical location Location ]
of bingo game;
c. Date and time of each transaction;
d. Sequential transaction or receipt number [ of each transaction ];
[ e. Number of electronic bingo cards loaded;
f. Cost of electronic bingo cards loaded;
e. Description of each electronic bingo product loaded each session. The description must include the quantity of bingo card faces that appear on each electronic bingo product and the sales price of each electronic bingo product;
f. Quantity of each electronic bingo product loaded;
g. Total sales price of each electronic bingo product loaded; and
h. Total sales price for each transaction; ]
[ g. i. ] A transaction
history correlating [ the sequential transaction number of ]
each electronic [ bingo device ] sale to the
[ device unique ] identification number of
the [ electronic bingo ] device on which the sale was
played;
[ h. j. ] Sufficient
information to identify voids [ and returns ],
including the date and time of each voided transaction [ and
return, the sequential transaction number, and the cost of voided transactions
and returns ]; [ and ]
[ i. Sufficient information to identify device
returns; and
j. k. ] Total gross receipts for
each session.
[ 11. 12 ] Each [ electronic
bingo ] device shall be programmed to automatically erase all
stored electronic [ bingo ] cards at the end of the
last game of a session, within a set time from their rental to a player, or by
some other clearance method approved by the department.
[ 12. 13. ] All [ electronic
bingo ] devices shall be reloaded with another set of [ electronic
bingo ] cards at the beginning of each session if the devices are
to be reused at the same location.
E. In instances where a defect in packaging or in the construction of deals or electronic [ bingo ] devices is discovered by or reported to the department, the department shall notify the manufacturer of the deals or [ electronic bingo ] devices containing the alleged defect. Should the department, in consultation with the manufacturer, determine that a defect exists, and should the department determine the defect affects game security or otherwise threatens public confidence in the game, the department may, with respect to deals or electronic [ bingo ] devices for use still located within the Commonwealth of Virginia, require the supplier to:
1. Recall the deals or electronic [ bingo ] devices affected that have not been sold or otherwise provided; or
2. Issue a total recall of all affected deals or electronic [ bingo ] devices.
[ F. No instant bingo, pull-tab, or seal card
dispenser may be sold, leased, or otherwise furnished to any person or
organization in the Commonwealth of Virginia or used in the conduct of
charitable gaming until an identical sample device containing identical
proprietary software, if applicable, has been certified by a testing facility
that has been formally recognized by the department as a testing facility that
upholds the standards of integrity established by the department. The cost of
testing shall be borne by the manufacturer of such equipment. In addition,
suppliers and manufacturers of such dispensers shall comply with the
requirements of The Gambling Devices Act of 1962 (15 USC §§ 1171-1178).
G. All instant bingo, pull-tab, or seal card dispensing
devices must meet the following standards F. No supplier shall
knowingly sell or otherwise provide to an organization and no organization
shall knowingly use an instant bingo, pull-tab, or seal card dispenser unless
the dispenser conforms to the following standards ]:
1. Each dispenser shall be manufactured in a manner that ensures a pull-tab ticket is dispensed only after insertion of United States currency or coinage into the dispenser. Such ticket and any change due shall be the only items dispensed from the machine.
2. Each dispenser shall be manufactured in a manner that
ensures the [ device dispenser ] neither
displays nor has the capability of displaying or otherwise identifying an
instant bingo, pull-tab, or seal card winning or nonwinning ticket.
3. Each dispenser shall be manufactured in such a manner that any visual animation does not simulate or display rolling or spinning reels or produce audible music or enhanced sound effects.
4. Each dispenser shall be equipped with separate locks for the instant bingo, pull-tab, or seal card supply modules and money boxes. Locks shall be configured so that no one key will operate both the supply modules and money boxes.
[ H. G. ] The department may
require [ additional ] testing of a dispensing
device at any time to ensure that it meets construction standards and allows
for fair play. Such tests shall be conducted at the cost of the manufacturer of
such [ dispensing ] devices.
[ I. H. ] The face value of
[ cards the instant bingo, pull-tab, or seal cards ]
being dispensed shall match the amount deposited in the currency/coin
acceptor less change provided.
[ I. A dispensing device shall only dispense instant bingo, pull-tab, or seal cards that conform to the construction standards established in subsection B of this section and the randomization standards established in 11VAC15-40-140.
J. Suppliers and manufacturers of instant bingo, pull-tab, or seal card dispensers shall comply with the requirements of the Gambling Devices Act of 1962 (15 USC §§ 1171-1178). ]
11VAC15-40-140. Instant bingo, pull-tabs, [ or ]
seal cards [ , or event game cards ] randomization
standards.
All instant bingo, pull-tabs, [ or ] seal
cards [ , or event game cards ] shall meet the
following randomization standards:
1. Deals shall be assembled so that winning tickets are placed throughout each deal.
2. Deals shall be assembled and packaged in a manner that prevents isolation of winning cards due to variations in printing, graphics, colors, sizes, appearances of cut edges, or other markings of cards.
3. Winning cards shall be distributed and mixed among all other cards in a deal so as to eliminate any pattern between deals or portions of deals from which the location or approximate location of any winning card may be determined.
[ 11VAC15-40-143. Electronic random number generator standards.
A. Electronic random number generators shall not be sold, leased, or otherwise furnished to an organization for use in the conduct of bingo until an identical sample device containing identical proprietary software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The cost of testing shall be borne by the manufacturer of such equipment.
B. An electronic random number generator used in the conduct of bingo shall produce output that is statistically random.
1. Numbers produced by an electronic random number generator used in the conduct of bingo shall be statistically random individually and in the permutations and combinations used in the application under the rules of the game.
2. Numbers produced by an electronic random number generator used in the conduct of bingo shall pass the statistical tests for randomness to a 99% confidence level. Statistical tests for randomness may include:
a. Chi-square test;
b. Equi-distribution (frequency) test;
c. Gap test;
d. Poker test;
e. Coupon collector's test;
f. Permutation test;
g. Run test (patterns of occurrences shall not be recurrent);
h. Spectral test;
i. Serial correlation test potency and degree of serial correlation (outcomes shall be independent from the previous game); and
j. Test on subsequences.
C. An electronic random number generator used in the conduct of bingo shall produce output that is unpredictable.
1. It shall not be feasible to predict future outputs of a random number generator even if the algorithm and the past sequence of outputs are known.
2. Unpredictability shall be ensured by reseeding or by continuously cycling the random number generator and by a sufficient number or random number generator states for the applications supported.
3. Reseeding may be used where the reseeding input is at least as statistically random as, and independent of, the output of the random number generator being reseeded.
D. An electronic random number generator used in the conduct of bingo shall produce output that is nonrepeating. A random number generator shall not be initialized to reproduce the same output stream that it has produced before, nor shall any two instances of a random number generator produce the same stream as each other.
E. Software that calls an electronic random number generator used in the conduct of bingo to derive game outcome events shall immediately use the output returned in accordance with the game rules.
F. The outputs of an electronic random number generator used in the conduct of bingo shall not be arbitrarily discarded or selected.
G. Where a sequence of outputs is required, the whole of the sequence in the order generated shall be used in accordance with the game rules.
H. An electronic random number generator used in the conduct of bingo that provides output scaled to given ranges shall:
1. Be independent and uniform over the range;
2. Provide numbers scaled to the ranges required by game rules, and notwithstanding the requirements of subdivision 3 of this subsection, may discard numbers that do not map uniformly onto the required range, but shall use the first number in sequence that does map correctly to the range; and
3. Be capable of producing every possible outcome of a game according to its rules, and use an unbiased algorithm. A scaling algorithm is considered to be unbiased if the measured bias is no greater than 1 in 100 million.
I. An electronic random number generator that an organization is using to conduct bingo prior to November 7, 2012, is not required to be certified.
Part IV
Electronic Games of Chance Systems
Article 1
Manufacturers
11VAC15-40-147. Manufacturers of electronic games of chance systems: application, qualifications, suspension, revocation or refusal to renew permit, maintenance, and production of records.
A. As used in this section, "manufacturer" means a person or entity that assembles from raw materials or subparts an electronic games of chance system.
B. Prior to providing any electronic games of chance system, a manufacturer shall submit an application on a form prescribed by the department and receive a permit. A $1,000 application fee payable to the Treasurer of Virginia is required. In addition, a manufacturer must be authorized to conduct business in the Commonwealth of Virginia, which may include, but not be limited to, registration with the State Corporation Commission, the Department of Taxation, and the Virginia Employment Commission. The actual cost of background investigations for a permit may be billed by the department to an applicant.
C. The department may refuse to issue a permit or may suspend or revoke a permit if an officer, director, employee, agent, or owner:
1. Is operating without a valid license, permit, or certificate as a supplier or manufacturer in any state in the United States;
2. Fails or refuses to recall a product as directed by the department;
3. Conducts business with unauthorized entities or is not authorized to conduct business in the Commonwealth of Virginia;
4. Has been convicted of or pleaded nolo contendere to any crime as specified by § 18.2-340.34 B of the Code of Virginia; has had any license, permit, certificate, or other authority related to activities defined as charitable gaming in the Commonwealth suspended or revoked in the Commonwealth or in any other jurisdiction; has failed to file or has been delinquent in excess of one year in the filing of any tax returns or the payment of any taxes due the Commonwealth; or has failed to establish a registered office or registered agent in the Commonwealth if so required by § 13.1-634 or 13.1-763 of the Code of Virginia. As this provision relates to employees or agents, it shall only apply to individuals involved in sales to or solicitations of customers in the Commonwealth of Virginia;
5. Fails to notify the department within 20 days of the occurrence, knowledge, or receipt of the filing of any administrative or legal action relating to charitable gaming or the distribution of electronic games of chance systems involving or concerning the manufacturer, any officers or directors, employees, agent, or owner during the term of its permit;
6. Fails to provide to the department upon request a current Letter for Company Registration on file with the U.S. Department of Justice - Gambling Devices Registration Unit, if required in accordance with the Gambling Devices Act of 1962 (15 USC §§ 1171-1178) for any device that it distributes in the Commonwealth of Virginia; or
7. Has been engaged in conduct that would compromise the department's objective of maintaining the highest level of integrity in charitable gaming.
D. A manufacturer shall not distribute electronic games of chance systems for use by anyone in the Commonwealth of Virginia other than to a permitted charitable gaming organization or a permitted supplier. However, a manufacturer may:
1. Distribute an electronic games of chance system to an organization that expects to gross the amount set forth in § 18.2-340.23 of the Code of Virginia or less in any 12-month period, providing that the amount of such purchase would not be reasonably expected to produce more than the amount set forth in § 18.2-340.23 of the Code of Virginia in gross sales. For each such organization, the manufacturer shall maintain the name, address, and telephone number. The manufacturer shall also obtain a written and signed statement from an officer or game manager of such organization confirming that gross receipts are expected to be the amount set forth in § 18.2-340.23 of the Code of Virginia or less. Such statement shall be dated and kept on file for a minimum of three years from the close of a fiscal year.
2. Distribute electronic games of chance systems to an organization for use only upon the premises owned or exclusively leased by the organization and at such times as the portion of the premises in which electronic pull-tabs are sold is open only to members and their guests as authorized by § 18.2-340.26:1 of the Code of Virginia. Each such distribution shall be accounted for separately and the accompanying invoice shall be clearly marked: "For Use in Social Quarters Only."
All such distributions shall be documented pursuant to subsection H of this section and reported to the department pursuant to subsection J of this section.
E. No manufacturer of electronic games of chance systems, the manufacturer's agent, or the manufacturer's employee may be involved in the management, operation, or conduct of charitable gaming in the Commonwealth of Virginia. No member of a manufacturer's immediate family or person residing in the same household as a manufacturer may be involved in the management, operation, or conduct of charitable gaming of any customer of the manufacturer in the Commonwealth of Virginia. No manufacturer of electronic games of chance systems, the manufacturer's agent, or the manufacturer's employee may participate in any charitable gaming of any customer of the manufacturer in the Commonwealth of Virginia. For the purposes of this regulation, servicing of electronic games of chance systems shall not be considered conduct or participation.
F. The department shall conduct a background investigation prior to the issuance of a permit to any manufacturer. The investigation may include, but shall not be limited to, the following:
1. A search of criminal history records on all officers, directors, and owners; and
2. Verification of current compliance with Commonwealth of Virginia tax laws.
If the officers, directors, or owners are domiciled outside of the Commonwealth of Virginia, or have resided in the Commonwealth of Virginia for fewer than five years, a criminal history search conducted by the appropriate authority in any state in which they have resided during the previous five years shall be provided by the applicant.
G. Appropriate information and authorizations shall be provided to the department to verify information cited in subsection F of this section.
H. Manufacturers shall document each distribution an electronic games of chance system to any person for use in the Commonwealth of Virginia on an invoice, which reflects the following:
1. Name, address, and OCG number of the organization or supplier;
2. Date of sale or rental and location where the electronic games of chance system is shipped or delivered, if different from the billing address;
3. Name, form number, and serial number of each deal of electronic pull-tabs;
4. Quantity of deals sold, the cost per deal, the selling price per card, the cash take-in per deal, and the cash payout per deal;
5. Serial number of each electronic pull-tab device, a description of the physical attributes of the electronic pull-tab device, the quantity of electronic pull-tab devices sold or rented, and the physical address to which each electronic pull-tab device is shipped or delivered; and
6. Serial number and description of any other equipment sold or rented that is used to facilitate the distribution, play, and redemption of electronic pull-tabs and the physical address to which the equipment is shipped or delivered.
I. Manufacturers shall ensure that two copies of the detailed invoice are provided to the customer for each distribution of electronic games of chance systems.
J. Each manufacturer shall provide a report to the department by March 1 of each year on distribution of electronic games of chance systems for the fiscal year ending December 31 of the previous year to each organization and permitted supplier in the Commonwealth of Virginia. This report shall be provided to the department via a department-approved electronic medium. The report shall include the name and address of each organization and permitted supplier and the following information for each sale or transaction:
1. Deals of electronic pull-tabs including purchase price, deal name, deal form number, quantity of electronic pull-tabs in deal, electronic pull-tab price, cash take-in per deal, cash payout per deal, and quantity of deals; and
2. Equipment used to facilitate the distribution, play, and redemption of electronic pull-tabs including purchase or rental price, description of equipment, quantity of units of each type of equipment, and the physical address to which the equipment is shipped or delivered.
K. A manufacturer, its agents and employees, members of a manufacturer's immediate family, or persons residing in a manufacturer's household shall not make any loan directly or indirectly to any organization or officer, director, game manager, or entity involved in the management, operation, or conduct of charitable gaming of the manufacturer's customer located in the Commonwealth of Virginia.
L. A manufacturer, its agent, or its employee shall not directly or indirectly provide a rebate, discount, or refund to any person other than an organization that purchases or leases an electronic games of chance system from the manufacturer. All such transactions shall be recorded on the manufacturer's account books.
M. A written agreement specifying the terms of lease or rental shall be required for any equipment used to distribute, play, or redeem electronic pull-tabs provided to an organization or permitted supplier. ]
[ Part IV ]
Electronic Games of Chance Systems
Article [ 1 2 ]
General Requirements
11VAC15-40-150. Approval of distributed pull-tab systems, validation systems, point-of-sale stations, and redemption terminals [ ; approval of game themes and sounds ].
A. The department shall set manufacturing and testing criteria for all distributed pull-tab systems, validation systems, point-of-sale stations, redemption terminals, and other equipment used in the conduct of charitable gaming. A distributed pull-tab system, validation system, point-of-sale station, redemption terminal, or other equipment shall not be sold, leased, or otherwise furnished to any person in the Commonwealth of Virginia for use in the conduct of charitable gaming until an identical sample system or equipment containing identical software has been certified by a testing facility that has been formally recognized by the department as a testing facility that upholds the standards of integrity established by the department. The testing facility must certify that the distributed pull-tab system and associated hardware and software conform, at a minimum, to the requirements set forth in this chapter. Once the testing facility reports the test results to the department, the department will either approve or disapprove the distributed pull-tab system or system components and inform the manufacturer of the results within 10 business days. If any such system or equipment does not meet the department's criteria, it shall be recalled and shall not be distributed in the Commonwealth of Virginia. The cost of testing shall be borne by the manufacturer of such equipment.
B. No supplier [ or manufacturer ] shall knowingly sell or otherwise provide to an organization and no organization shall knowingly use a distributed pull-tab system, validation system, point-of-sale station, redemption terminal, or other equipment used to conduct charitable gaming unless it conforms to the requirements set forth in this regulation.
C. If a defect in a distributed pull-tab system, validation system, point-of-sale station, redemption terminal, or other equipment used to conduct charitable gaming is discovered by or reported to the department, the department shall notify the manufacturer of the system or equipment containing the alleged defect. Should the department, in consultation with the manufacturer, determine that a defect exists and should the department determine the defect affects game security or otherwise threatens public confidence in the game, the department may, with respect to any distributed pull-tab system, validation system, point of sale station, redemption terminal, or other equipment used to conduct charitable gaming still located within the Commonwealth of Virginia, require the supplier [ or manufacturer ] to issue a recall of all affected distributed pull-tab systems, validation systems, point-of-sale stations, redemption terminals, or other equipment.
[ D. All game themes, sounds, and music shall be approved by the department prior to being available for play on an electronic pull-tab device in the Commonwealth of Virginia. ]
Article [ 2 3 ]
System Requirements
11VAC15-40-160. Distributed pull-tab system.
A distributed pull-tab system shall be dedicated primarily
to electronic accounting, reporting, and the presentation, randomization, and
transmission of electronic [ game cards pull-tabs ]
to the [ player electronic pull-tab ] devices.
It shall also be capable of generating the data necessary to provide the
reports required within this article or otherwise specified by the department.
11VAC15-40-170. Dispensing of electronic [ game
cards pull-tabs ].
A distributed pull-tab system shall dispense, upon request,
an electronic [ game card or cards pull-tab ].
All games must be played without replacement, drawing from a single finite game
set.
11VAC15-40-180. Game set requirements.
Each game set shall meet the following minimum requirements:
1. Each game set shall be made up of a finite number of
electronic [ game cards pull-tabs ];
2. The game set shall consist of a maximum of 25,000
electronic [ game cards pull-tabs ];
3. All electronic [ game cards
pull-tabs ] in a particular game set shall be of the same purchase
price;
4. The maximum win amount awarded per any one electronic
[ game cards pull-tab ] shall not exceed the
value set forth for pull-tabs by § 18.2-340.33 of the Code of Virginia;
5. Each game set shall be assigned a unique serial number;
[ and ]
6. After randomization, game sets may be broken into subsets
of equal size. If game subsets are used, they shall each be assigned a unique
serial number and be traceable to a parent game set [ .;
and
7. Game sets shall not be commingled. ]
11VAC15-40-190. Game set definition.
If the system has the capability to create a game set from a predefined set of criteria, the criteria must contain the following information:
1. Game ID;
2. Game set version;
3. Manufacturer;
4. Game name;
5. Paytable ID;
6. Purchase price per electronic [ game card
pull-tab ];
7. Subset size;
8. Total number of subsets; and
9. Prize values with an associated index and frequency.
11VAC15-40-200. Data required to be available for each game set.
A. The following data shall be available prior to the opening of a game set for distribution and shall be maintained and be viewable both electronically and, if requested, by printed report, upon demand:
1. A unique serial number identifying each game set and/or subset;
2. A description of the game set sufficient to categorize the game set or subset relative to other game sets;
3. The total number of electronic [ game
cards pull-tabs ] in the game set;
4. The number of game subsets to be created from the game
set and the number of electronic [ game cards
pull-tabs ] in each subset when applicable;
5. The payout percentage of the entire game set;
6. The purchase price per electronic [ game
cards pull-tab ] assigned to the game set; and
7. Prize values with an associated index and frequency.
B. The following data shall be available subsequent to the completion of a game set and shall be maintained and viewable both electronically and, if requested, by printed report, upon demand:
1. A unique serial number identifying each game set and/or subset;
2. Description of the game set sufficient to categorize the game set relative to other game sets;
3. The total number of electronic [ game
cards pull-tabs ] unsold;
4. The total number of electronic [ game
cards pull-tabs ] purchased;
5. The time and date that the game set and/or each game subset became available for play;
6. The time and date that the game set and/or each game subset was completed or removed from play;
7. Location where game set and/or subset was played;
8. The final payout percentage of the game set when removed from play; and
9. The purchase price per electronic [ game cards
pull-tab ] assigned to the game set.
C. In order to provide maximum game integrity, no audit or other determination of the status of any game set or any subset, including, but not limited to, a determination of the prizes won or prizes remaining to be won, shall be conducted by anyone while a game set or subset is in play without causing termination of the entire game set or subset. Only upon game set termination shall the details of the associated game set and subsets be revealed to the individual or individuals performing the audit.
D. Once terminated, a game set shall not be able to be reopened.
11VAC15-40-210. Security requirements.
A. A distributed pull-tab system computer must be in a locked, secure enclosure with key controls in place.
B. A distributed pull-tab system shall provide a means for
terminating the game set if information about electronic [ game
cards pull-tabs ] in an open game set has been accessed
or at the discretion of the department. In such cases, traceability of
unauthorized access including time and date, users involved, and any other relevant
information shall be available.
C. A distributed pull-tab system shall not permit the
alteration of any accounting or significant event information that was
communicated from the [ player electronic pull-tab ]
device without supervised access controls. In the event financial data is
changed, an automated audit log must be capable of being produced to document
the following:
1. Data element altered;
2. Data element value prior to alteration;
3. Data element value after alteration;
4. Time and date of alteration; and
5. Personnel that performed alteration.
D. A distributed pull-tab system must provide password security or other secure means of ensuring data integrity and enforcing user permissions for all system components through the following means:
1. All programs and data files must only be accessible via the entry of a password that will be known only to authorized personnel;
2. The distributed pull-tab system must have multiple security access levels to control and restrict different classes;
3. The distributed pull-tab system access accounts must be unique when assigned to the authorized personnel and shared accounts amongst authorized personnel must not be allowed;
4. The storage of passwords and PINs must be in an encrypted, nonreversible form; and
5. A program or report must be available that will list all registered users on the distributed pull-tab system including their privilege level.
E. All components of a distributed pull-tab system [ that allow access to users, other than end-users for game play, ] must have a password sign-on with two-level codes comprising the personal identification code and a personal password.
1. The personal identification code must have a length of at least six ASCII characters; and
2. The personal password must have a minimum length of six alphanumeric characters, which should include at least one nonalphabetic character.
F. A distributed pull-tab system must have the capability to control potential data corruption that can be created by multiple simultaneous log-ons by system management personnel.
1. A distributed pull-tab system shall specify which of the access levels allow for multiple simultaneous sign-ons by different users and which of the access levels do not allow for multiple sign-ons, and, if multiple sign-ons are possible, what restrictions, if any, exist; or
2. If a distributed pull-tab system does not provide adequate control, a comprehensive procedural control document must be drafted for the department's review and approval.
G. Distributed pull-tab system software components/modules shall be verifiable by a secure means at the system level. A distributed pull-tab system shall have the ability to allow for an independent integrity check of the components/modules from an outside source and is required for all control programs that may affect the integrity of the distributed pull-tab system. This must be accomplished by being authenticated by a third-party device, which may be embedded within the distributed pull-tab system software or having an interface or procedure for a third-party application to authenticate the component. This integrity check will provide a means for field verification of the distributed pull-tab system components.
H. A distributed pull-tab system may be used to configure
and perform security checks on [ player electronic
pull-tab ] devices, provided such functions do not affect the
security, integrity, or outcome of any game and meets the requirements set
forth in this regulation regarding program storage devices.
11VAC15-40-220. Backup and recovery.
A. A distributed pull-tab system computer shall have a separate physical medium for securely storing game sets or subsets on the computer, which shall be mirrored in real time by a backup medium.
B. All data required to be available or reported by this chapter must be retained for a period of not less than three years [ from the close of the fiscal year ].
C. All storage of critical data shall utilize error checking and be stored on a nonvolatile physical medium.
D. The database shall be stored on redundant media so that no single failure of any portion of the system would result in the loss or corruption of data.
E. In the event of a catastrophic failure when the distributed pull-tab system cannot be restarted in any other way, it shall be possible to reload the distributed pull-tab system from the last viable backup point and fully recover the contents of that backup, to consist of at least the following information:
1. All significant events;
2. All accounting information;
3. Auditing information, including all open game sets and the summary of completed game sets; and
4. Employee files with access levels.
11VAC15-40-230. Electronic accounting and reporting.
A. One or more electronic accounting systems shall be required to perform reporting and other functions in support of distributed pull-tab system. The electronic accounting system shall not interfere with the outcome of any gaming function.
B. The following reporting capabilities must be provided by the electronic accounting system:
1. Electronic [ game card pull-tab ]
game set report game sets in play. An electronic [ game
card pull-tab ] game set report must be available on
demand for each game set currently in play. Game cards, outcomes, or prizes
must not be revealed. The report must contain the following information:
a. A unique serial number identifying each game set and/or subsets;
b. A description of the game set sufficient to categorize the game set or subset relative to other game sets;
c. The total number of electronic [ game
card pull-tabs ] in the game set;
d. The number of game subsets to be created from the game
set and the number of electronic [ game cards
pull-tabs ] in each subset when applicable;
e. The theoretical payout percentage of the entire game set;
f. The purchase price per electronic [ game
card pull-tab ] assigned to the game set;
g. The time and date that the game set and/or each game subset became available for play; and
h. Location where the game set and/or subset is being played.
2. Electronic [ game card pull-tab ]
game set report completed game set. An electronic [ game
card pull-tab ] game set report must be available on
demand, for each completed game set. The report must contain the following
information:
a. A unique serial number identifying each game set and/or subset;
b. Description of the game set sufficient to categorize the game set relative to other game sets;
c. The total number of electronic [ game
card pull-tabs ] unsold;
d. The total number of electronic [ game
card pull-tabs ] purchased;
e. The time and date that the game set and/or each game subset became available for play;
f. The time and date that the game set and/or each game subset was completed or removed from play;
g. Location where game set and/or subset was played;
h. The final payout percentage of the game set when removed from play; and
i. The purchase price per electronic [ game
card pull-tab ] assigned to the game set.
3. A report that shall indicate all prizes that exceed the
threshold that triggers additional procedures to be followed for the purpose of
compliance with federal tax reporting requirements. At a minimum, on a daily
and monthly basis, the report shall provide the following information per
[ player electronic pull-tab ] device:
a. The date and time won;
b. Location of prize award; and
c. Amount of each prize occurrence.
4. Liability report. A liability report shall provide a summary of the outstanding funds that carry from business day to business day. At a minimum, this report shall include:
a. Amount of prizes and/or vouchers that were awarded in dollars and cents, but have not yet been claimed that have not yet expired; and
b. Summary of all outstanding accounts.
[ 5. Master reconciliation report. A master
reconciliation report must be available on a per session basis, monthly basis,
and quarterly basis at a minimum. A master reconciliation report shall include
the following:
a. Total of all moneys used to purchase electronic game
cards;
b. Total of all prizes, in dollars and cents, awarded
from electronic game cards;
c. Total of all moneys inserted into a player device or
provided to a cashier for the purchase of electronic game cards; and
d. Total of all moneys removed from a player device. ]
C. A distributed pull-tab system shall be capable of providing an electronic file in a format specified by the department on a periodic basis to a location specified by the department. The data to be reported will contain, at a minimum, the following items per session:
1. Organization identification;
2. Session date;
3. Total cash in;
4. Total cash out;
5. Total cash played;
6. Total cash won;
7. For all game sets on the system in play or in inventory:
a. Serial number;
b. Description;
c. Ticket price;
d. Number of subsets if applicable;
e. Number of tickets or number of tickets per subset;
f. Theoretical return percentage; and
g. Date game set was opened for play, when applicable; and
8. For all game sets completed or closed since the previous reporting date:
a. Serial number;
b. Description;
c. Ticket price;
d. Number of subsets, if applicable;
e. Number of tickets or number of tickets per subset;
f. Theoretical return percentage;
g. Date game set was opened;
h. Date game set was closed;
i. Total tickets sold;
j. Total dollars in;
k. Total prizes paid; and
l. Actual return percentage.
11VAC15-40-240. Randomization.
A. As used in this section, unless the context requires a different meaning:
"Card position" means the first card dealt, second card dealt in sequential order.
"Number position" means the first number drawn in sequential order.
B. A distributed pull-tab system shall utilize randomizing
procedures in the creation of game sets for electronic [ game
cards pull-tabs ] or externally generated randomized
game sets that have been created using a method previously approved by the
department.
C. Any random number generation, shuffling, or randomization of outcomes used in connection with a distributed pull-tab system must be by use of a random number generation application that has successfully passed standard tests for randomness and unpredictability including but not limited to:
1. Each card position or number position satisfies the 99% confidence limit using the standard chi-squared analysis. "Chi-squared analysis" is the sum of the ratio of the square difference between the expected result and the observed result to the expected result.
2. Each card position or number position does not produce a significant statistic with regard to producing patterns of occurrences. Each card position or number position will be considered random if it meets the 99% confidence level with regard to the "run test" or any similar pattern testing statistic. The "run test" is a mathematical statistic that determines the existence of recurring patterns within a set of data.
3. Each card position or number position is independently chosen without regard to any other card or number drawn within that game play. This test is the "correlation test." Each pair of card positions or number positions is considered random if it meets the 99% confidence level using standard correlation analysis.
4. Each card position or number position is independently chosen without reference to the same card position or number position in the previous game. This test is the "serial correlation test." Each card position or number position is considered random if it meets the 99% confidence level using standard serial correlation analysis.
11VAC15-40-250. Communications and network requirements.
A. Where the distributed pull-tab system components are linked with one another in a network, communication protocols shall be used that ensure that erroneous data or signals will not adversely affect the operations of any such system components.
B. All data communication shall incorporate an error detection and correction scheme to ensure the data is transmitted and received accurately.
C. Connections between all components of the distributed pull-tab system shall only be through the use of secure communication protocol(s) that are designed to prevent unauthorized access or tampering, employing Advanced Encryption Standard (AES), or equivalent encryption.
[ D. A firewall or equivalent hardware device configured to block all inbound and outbound traffic that has not been expressly permitted and is not required for continued use of the distributed pull-tab system must exist between the distributed pull-tab system and any external point of access. ]
[ D. E. ] The minimum width
(size) for encryption keys is 112 bits for symmetric algorithms and 1024 bits
for public keys.
[ E. F. ] There must be a
secure method implemented for changing the current encryption key set. It is
not acceptable to only use the current key set to "encrypt" the next
set.
[ F. G. ] There must be a
secure method in place for the storage of any encryption keys. Encryption keys
must not be stored without being encrypted themselves.
[ G. H. ] If a wireless
network is used, wireless products used in conjunction with any gaming system
or system component must meet the following minimum standards:
1. Employ a security process that complies with the Federal Information Processing Standard 140-2 (FIPS 140-2); or
2. Employ an alternative method, as approved by the department.
11VAC15-40-260. Significant events.
The following significant events, if applicable, shall be
collected from the [ player electronic pull-tab ]
device or point of sale and communicated to the system for storage and a report
of the occurrence of the significant event must be made available upon request:
1. Power resets or power failure.
2. Communication loss between [ a player
an electronic pull-tab ] device and any component of the
distributed pull-tab system.
3. [ Player Electronic pull-tab ]
device jackpot (any award in excess of the single win limit of the
[ player electronic pull-tab ] device).
4. Door openings (any external door that accesses a critical
area of the [ player electronic pull-tab ] device).
5. Bill validator errors:
a. Stacker full (if supported); and
b. Bill jam.
6. Printer errors:
a. Printer empty; and
b. Printer disconnect or failure.
7. Corruption of the [ player
electronic pull-tab ] device RAM or program storage device.
8. Any other significant events as defined by the protocol employed by the distributed pull-tab system.
11VAC15-40-270. Validation system and redemption.
A distributed pull-tab system may utilize a voucher validation system to facilitate gaming transactions. The validation system may be entirely integrated into a distributed pull-tab system or exist as a separate entity.
[ 1. Payment by voucher printer as a method of
redeeming unused game plays and/or winnings on a player device is only
permissible when the device is linked to an approved validation system or
distributed pull-tab system that allows validation of the printed voucher. ]
[ a. 1. ] A distributed
pull-tab system may allow voucher out only; vouchers shall not be inserted,
scanned, or used in any way at the [ player
electronic pull-tab ] device for redemption.
[ b. 2. ] The validation
system must process voucher redemption correctly according to the secure
communication protocol implemented.
[ 2. 3. ] The algorithm or
method used by the validation system or distributed pull-tab system to generate
the voucher validation numbers must guarantee an insignificant percentage of
repetitive validation numbers.
[ 3. 4. ] The validation
system must retrieve the voucher information correctly based on the secure
communication protocol implemented and store the voucher information in a
database. The voucher record on the host system must contain, at a minimum, the
following voucher information:
a. Validation number;
b. Date and time the [ player
electronic pull-tab ] device printed the voucher;
c. Value of voucher in dollars and cents;
d. Status of voucher;
e. Date and time the voucher will expire;
f. Serial number of [ player
electronic pull-tab ] device; and
g. Location name or site identifier;
[ 4. 5. ] The validation
system or distributed pull-tab system must have the ability to identify the
following occurrences and notify the cashier when the following conditions
exist:
a. Voucher cannot be found on file;
b. Voucher has already been paid; or
c. Amount of voucher differs from amount on file (requirement may be met by display of voucher amount for confirmation by cashier during the redemption process).
[ 5. 6. ] If the connection
between the validation system and the distributed pull-tab system fails, an
alternate method or procedure of payment must be available and shall include
the ability to identify duplicate vouchers and prevent fraud by redeeming
vouchers that were previously issued by the [ player
electronic pull-tab ] device.
[ 6. 7. ] The following
reports related to vouchers shall be generated on demand:
a. Voucher Issuance Report shall be available from the
validation system that shows all vouchers generated by an electronic
[ game card pull-tab ] device; and
b. Voucher Redemption Report shall detail individual vouchers, the sum of the vouchers paid by the validation terminal or point of sale by session, and include the following information:
(1) The date and time of the transaction;
(2) The dollar value of the transaction;
(3) Validation number;
(4) A transaction number; and
(5) Point-of-sale identification number or name.
[ 7. 8. ] The validation
system database must be encrypted and password-protected and should possess a
nonalterable user audit trail to prevent unauthorized access.
[ 8. 9. ] The normal
operation of any device that holds voucher information shall not have any options
or method that may compromise voucher information. Any device that holds
voucher information in its memory shall not allow removal of the information
unless it has first transferred that information to the ticketing database or
other secured component or components of the validation system.
11VAC15-40-280. Point of sale; validation terminal.
A. A distributed pull-tab system may utilize a point-of-sale and/or validation terminal that is capable of facilitating the sale of the organization's pull tab outcomes or used for the redemption of credits from player accounts or vouchers. The point of sale may be entirely integrated into a distributed pull-tab system or exist as a separate entity.
B. Point-of-sale use is only permissible when the device is linked to an approved validation system or distributed pull-tab system.
C. If a distributed pull-tab system utilizes a point of sale, it shall be capable of printing a receipt for each sale, void, or redemption.
1. The receipt shall contain the following information:
a. Date and time of the transaction;
b. Dollar value of the transaction;
c. Validation number, if applicable;
d. Quantity of associated products, if applicable;
e. Transaction number;
f. Account number, if applicable; and
g. Point-of-sale identification number or name.
D. The following point-of-sale or validation terminal reports shall be generated on demand:
1. Sales Transaction History Report shall show all sales and voids by session and include the following information:
a. Date and time of the transaction;
b. Dollar value of the transaction;
c. Quantity of associated products;
d. Transaction number; and
e. Point of sale identification number or name;
2. Voucher Redemption Report shall detail individual voucher redemptions paid by the validation terminal or point of sale by session and include the following information:
a. Date and time of the transaction;
b. Dollar value of the transaction;
c. Validation number;
d. Transaction number; and
e. Point of sale identification number or name.
11VAC15-40-290. Location of equipment.
All equipment used to facilitate the distribution, play, or
redemption of electronic pull-tab [ or instant bingo ]
games must be physically located within the boundaries of the Commonwealth
of Virginia. This includes but is not limited to the distributed pull-tab
system, [ player electronic pull-tab ] devices,
redemption terminals, and point-of-sale stations.
Article [ 2 4 ]
[ Player Electronic Pull-tab ] Devices
11VAC15-40-300. [ Player Electronic
pull-tab ] device general requirements.
A. Each [ player electronic
pull-tab ] device shall bear a seal approved by the commissioner
and affixed by the department.
B. [ A player An electronic
pull-tab ] device shall not be capable of being used for the
purposes of engaging in any game prohibited by the department.
C. In addition to a video monitor or touch screen, each
[ player electronic pull-tab ] device may
have one or more of the following: a bill acceptor, printer, and
electromechanical buttons for activating the game and providing player input,
including a means for the player to make selections and choices in games.
D. For each [ player electronic
pull-tab ] device, there shall be located anywhere within the
distributed pull-tab system, nonvolatile memory or its equivalent. The memory
shall be maintained in a secure location for the purpose of storing and
preserving a set of critical data that has been error checked in accordance
with the critical memory requirements of this regulation.
E. [ A player An electronic
pull-tab ] device shall not have any switches, jumpers, wire posts,
or other means of manipulation that could affect the operation or outcome of a
game. The [ player electronic pull-tab ] device
may not have any functions or parameters adjustable through any separate video
display or input codes except for the adjustment of features that are wholly
cosmetic.
F. [ A player An electronic
pull-tab ] device shall not have any of the following attributes:
spinning or mechanical reels, pull handle, sounds [ other than
an audio effect to simulate the opening of a paper pull-tab or instant bingo
card or music solely intended to entice a player to play ],
flashing lights, tower light, top box, coin tray, ticket acceptance, hopper,
coin acceptor, enhanced animation, cabinet or payglass artwork, or any other
attribute identified by the department.
G. [ A player An electronic
pull-tab ] device shall be robust enough to withstand forced
illegal entry that would leave behind physical evidence of the attempted entry
or such entry that causes an error code that is displayed and transmitted to
the distributed pull-tab system. Any such entry attempt shall inhibit game play
until cleared, and shall not affect the subsequent play or any other play,
prize, or aspect of the game.
H. [ The Except as provided in
subsection I of this section, the ] number of [ player
electronic pull-tab ] devices, other than those [ player
electronic pull-tab ] devices that are handheld, present at any
[ premise premises ] at which charitable
gaming is conducted shall be limited to [ one device for every
50 permissible occupants under the maximum occupancy as determined pursuant to the
Uniform Statewide Building Code 10. Except as provided in subsection
I of this section the number of handheld electronic pull-tab devices present at
any premises at which charitable gaming is conducted shall be limited to 50. ]
The department shall determine whether [ a player
an electronic pull-tab ] device is handheld.
[ I. The number of electronic pull-tab devices used to facilitate the play of electronic pull-tabs sold, played, and redeemed at any premises pursuant to § 18.2-340.26:1 of the Code of Virginia shall be limited to five. ]
11VAC15-40-310. Cabinet wiring.
A. Proof of UL or equivalent certification shall be required for all submitted electronic devices.
B. [ A player An electronic
pull-tab ] device shall be designed so that power and data cables
into and out of the [ player electronic pull-tab ]
device can be routed so that the cables are not accessible to the general
public.
11VAC15-40-320. [ Player Electronic
pull-tab ] device identification.
[ A player An electronic pull-tab ]
device shall have a permanently affixed identification badge that cannot be removed
without leaving evidence of tampering. This badge shall be affixed to the
exterior of the [ player electronic pull-tab ]
device and shall include the following information:
1. Manufacturer name;
2. A unique serial number;
3. The [ player electronic
pull-tab ] device model number;
4. The date of manufacture; and
5. Any other information required by the department.
11VAC15-40-330. Doors; compartments.
A. If [ a player an electronic
pull-tab ] device possesses an external door that allows access to
the interior of the machine the following rules shall apply:
1. Doors and their associated hinges shall be capable of withstanding
determined illegal efforts to gain access to the inside of the [ player
electronic pull-tab ] device and shall leave evidence of tampering
if an illegal entry is made;
2. All external doors shall be locked and monitored by door access sensors that shall detect and report all external door openings by way of an audible alarm, on-screen display, or both;
3. The [ player electronic
pull-tab ] device shall cease play when any external door is
opened;
4. It shall not be possible to disable a door open sensor when the machine's door is closed without leaving evidence of tampering;
5. The sensor system shall register a door as being open when the door is moved from its fully closed and locked position; and
6. Door open conditions shall be recorded in an electronic log that includes a date/time stamp.
B. [ Player Electronic pull-tab ]
devices that contain control programs located within an accessible area
shall have a separate internal locked logic compartment, that shall be keyed
differently than the front door access lock. The logic compartment shall be a
locked cabinet area with its own locked door, that houses critical electronic
components that have the potential to significantly influence the operation of
the [ player electronic pull-tab ] device.
There may be more than one such logic area in [ a player
an electronic pull-tab ] device. Electronic component items that
are required to be housed in one or more logic areas are:
1. CPUs and other electronic components involved in the operation and calculation or display of game play;
2. Communication controller electronics and components
housing the communication program storage media or, the communication board for
the on-line system may reside outside the [ player
electronic pull-tab ] device; and
3. Logic compartment door open conditions shall be recorded in a log that includes a date/time stamp.
C. [ Player Electronic pull-tab ]
devices that do not contain a door shall have adequate security for any
panels or entry points that allow access to the interior of the device.
11VAC15-40-340. Memory clear.
A. Following the initiation of a memory reset procedure
utilizing a certified reset method, the program shall execute a routine that
initializes the entire contents of memory to the default state. For [ player
electronic pull-tab ] devices that allow for partial memory clears,
the methodology in doing so must be accurate and the game application must
validate the uncleared portions of memory. The [ player
electronic pull-tab ] device display after a memory reset shall not
be the top award.
B. It shall not be possible to change a configuration setting that causes an alteration or obstruction to the electronic accounting meters without a memory clear.
11VAC15-40-350. Critical memory.
A. Critical memory shall be used to store all data that is
considered vital to the continued operation of the [ player
electronic pull-tab ] device. Critical memory storage shall be maintained
by a methodology that enables errors to be identified and corrected in most
circumstances. This methodology may involve signatures, checksums, partial
checksums, multiple copies, timestamps, and/or use of validity codes. This
includes, but is not limited to:
1. All electronic meters required in [ 11VAC15-40-420
E 11VAC15-40-410 E ];
2. Current unused credits;
3. [ Player Electronic pull-tab ]
device or game configuration data;
4. Recall of all wagers and other information necessary to fully reconstruct the game outcome associated with the last 10 plays;
5. Software state, which is the last state the [ player
electronic pull-tab ] device software was in before interruption;
and
6. Error conditions that may have occurred on the
[ player electronic pull-tab ] device that
may include:
a. Memory error or control program error;
b. Low memory battery, for batteries external to the memory itself or low power source;
c. Program error or authentication mismatch; and
d. Power reset.
B. Comprehensive checks of critical memory shall be made continually to test for possible corruption. In addition, all critical memory:
1. Shall have the ability to retain data for a minimum of
180 days after power is discontinued from the [ player
electronic pull-tab ] device. If the method used is an off-chip
battery source, it shall recharge itself to its full potential in a maximum of
24 hours. The shelf life shall be at least five years. Memory that uses an
off-chip back-up power source to retain its contents when the main power is
switched off shall have a detection system that will provide a method for
software to interpret and act upon a low battery condition;
2. Shall only be cleared by a department certified memory clear method; and
3. Shall result in an error if the control program detects an unrecoverable memory error.
11VAC15-40-360. Program storage devices.
A. All program storage devices (writable/nonwritable), including Erasable Programmable Read Only Memory (EPROM), DVD, CD-ROM, compact flash, and any other type of program storage device shall be clearly marked with sufficient information to identify the software and revision level of the information stored in the devices.
B. Program storage devices shall meet the following requirements:
1. Program storage, including CD-ROM, shall meet the following rules:
a. The control program shall authenticate all critical
files by employing a hashing algorithm that produces a "message
digest" output of at least 128 bits at minimum, as certified by the
recognized independent test laboratory and agreed upon by the department. Any
message digest shall be stored on a read-only memory device within the
[ player electronic pull-tab ] device. Any
message digest that resides on any other medium shall be encrypted, using a
public/private key algorithm with a minimum of a 512 bit key, or an equivalent
encryption algorithm with similar security certified by the independent test
laboratory and agreed upon by the department.
b. The [ player electronic
pull-tab ] device shall authenticate all critical files against the
stored message digests. In the event of a failed authentication, the
[ player electronic pull-tab ] device should
immediately enter an error condition with the appropriate indication such as an
audible signal, on-screen display, or both. This error shall require operator
intervention to clear. The [ player electronic
pull-tab ] device shall display specific error information and
shall not clear until the file authenticates properly and/or the [ player
electronic pull-tab ] device's memory is cleared, the game is
restarted, and all files authenticate correctly.
2. CD-ROM specific based program storage shall:
a. Not be a rewriteable disk; and
b. The "write session" shall be closed to prevent any further writing to the storage device.
C. [ Player Electronic pull-tab ]
devices where the control program is capable of being erased and
reprogrammed without being removed from the [ player
electronic pull-tab ] device, or other equipment or related
peripheral devices shall meet the following requirements:
1. Reprogrammable program storage shall only write to alterable storage media containing data, files, and programs that are not critical to the basic operation of the game.
2. Notwithstanding the foregoing, data may be written to media containing critical data, files, and programs provided that:
a. A log of all information that is added, deleted, and modified be stored on the media;
b. The control program verifies the validity of all data, files, and programs that reside on the media using the methods required herein;
c. The [ player electronic
pull-tab ] device's program contains appropriate security to
prevent unauthorized modifications; and
d. The [ player electronic
pull-tab ] device's program does not allow game play while the
media containing the critical data, files, and programs is being modified.
D. The control program shall ensure the integrity of all critical program components during the execution of said components and the first time the files are loaded for use even if only partially loaded. Space that is not critical to machine security (e.g., video or sound) is not required to be validated, although the department recommends a method be in place for the files to be tested for corruption. If any of the video or sound files contain payout amounts or other information needed by the player, the files are to be considered critical.
11VAC15-40-370. Touch screens.
Any touch screen must meet the following rules:
1. A touch screen shall be accurate once calibrated;
2. A touch screen shall be able to be recalibrated; and
3. A touch screen shall have no hidden or undocumented buttons or touch points anywhere on the touch screen, except as provided for by the game rules that affect game play.
11VAC15-40-380. Bill acceptors.
A. [ A player An electronic
pull-tab ] device may have a mechanism that accepts U.S. currency
and provides a method to enable the [ player
electronic pull-tab ] device software to interpret and act appropriately
upon a valid or invalid input.
B. An acceptance device shall be electronically based and be configured to ensure that it only accept valid bills and rejects all others in a highly accurate manner.
C. A bill input system shall be constructed in a manner that protects against vandalism, abuse, or fraudulent activity. In addition, a bill acceptance device shall only register credits when:
1. The bill has passed the point where it is accepted and stacked; and
2. The bill acceptor has sent the "irrevocably stacked" message to the machine.
D. A bill acceptor shall communicate to the [ player
electronic pull-tab ] device using a bidirectional protocol.
E. A bill acceptor shall be designed to prevent the use of cheating methods such as stringing, the insertion of foreign objects, and any other manipulation that may be deemed as a cheating technique.
F. If a bill acceptor is designed to be factory set only, it shall not be possible to access or conduct maintenance or adjustments to that bill acceptor in the field, other than:
1. The selection of bills and their limits;
2. Changing of certified EPROMs or downloading of certified software;
3. The method for adjustment of the tolerance level for
accepting bills of varying quality should not be accessible from the exterior
of the [ player electronic pull-tab ] device.
Adjustments of the tolerance level should only be allowed with adequate levels
of security in place. This can be accomplished through lock and key, physical
switch settings, or other accepted methods approved on a case-by-case basis;
4. Maintenance, adjustment, and repair per approved factory procedures; and
5. Options that set the direction or orientation of bill acceptance.
G. [ A player An electronic
pull-tab ] device equipped with a bill acceptor shall have the
capability of detecting and displaying an error condition for the following
events:
1. Stacker full (it is recommended that an explicit "stacker full" error message not be utilized since this may cause a security issue);
2. Bill jams;
3. Bill acceptor door open. If a bill acceptor door is a machine door, a door open signal is sufficient;
4. Stacker door open; and
5. Stacker removed.
H. [ A player An electronic
pull-tab ] device equipped with a bill acceptor shall maintain
sufficient electronic metering to be able to report the following:
1. Total monetary value of all bills accepted;
2. Total number of all bills accepted;
3. A breakdown of the bills accepted for each denomination; and
4. The value of the last five items accepted by the bill acceptor.
11VAC15-40-390. Payment by voucher printers.
A. If the [ player electronic
pull-tab ] device has a printer that is used to issue payment to
the player by issuing a printed voucher for any unused game plays and/or
winnings, the [ player electronic pull-tab ]
device shall meet the following rules:
1. The printer shall be located in a secure area of the
[ player electronic pull-tab ] device, but
shall not be located in the logic area or any cash storage area. The bill
acceptor stacker or logic areas containing critical electronic components shall
not be accessed when the printer paper is changed; [ and ]
[ 2. The player device, in which the
printer is housed, is linked to a voucher validation system, which records the
voucher information; and
3. 2. ] Data printed on a voucher
shall [ be provided to the voucher validation system that
records include ] the following information [ regarding
each voucher printed ]:
a. Value of unused game plays and/or winnings in U.S. currency, in numerical form;
b. Time the voucher was printed;
c. Date the voucher was printed;
d. Location name or site identifier;
e. Serial number of [ player
electronic pull-tab ] device;
f. Unique validation number or barcode [ if used in conjunction with a validation system ]; and
g. Expiration date and time.
B. If the [ player electronic
pull-tab ] device is capable of printing a duplicate voucher, the
duplicate voucher shall clearly state the word "DUPLICATE" on its
face.
C. The printer shall use printer paper containing security features such as a watermark as approved by the department.
D. A printer shall have mechanisms to allow the [ player
electronic pull-tab ] device to interpret and act upon the
following conditions that must disable the game, and produce an error condition
that requires attendant intervention to resume play:
1. Out of paper;
2. Printer jam or failure; and
3. Printer disconnect. The [ player
electronic pull-tab ] device may detect this error condition when
the game tries to print.
E. [ A player An electronic
pull-tab ] device that uses a voucher printer shall maintain a
minimum of the last 25 transactions in critical memory. All voucher
transactions shall be logged with a date and time stamp.
11VAC15-40-400. Payment by account.
A. Credit may be added to a player account via a cashier or
point of sale station. Credit may also be added by any supporting [ player
electronic pull-tab ] device through credits won or bills.
B. Money may be removed from a player account either
through downloading of credits to the [ player
electronic pull-tab ] device or by cashing out at a cashier's or
point-of-sale station.
C. All monetary transactions between a supporting
[ player electronic pull-tab ] device and the
distributed pull-tab system must be secured by means of a card insertion into a
magnetic card reader and PIN entry or by other protected means.
Article [ 3 5 ]
Game Requirements
11VAC15-40-410. Game play requirements.
A. A player receives an electronic [ game
card pull-tab ] in return for consideration. A player
wins if the player's electronic [ game card pull-tab ]
contains a combination of symbols or numbers that was designated in advance
of the game as a winning combination. There may be multiple winning
combinations in each game. Electronic versions of instant bingo and pull-tabs,
as authorized by the department, shall only utilize devices that allow players
to play electronic [ game cards pull-tabs ].
[ A player An electronic pull-tab ] device
shall meet the following minimum requirements:
1. A player may purchase an opportunity to play an
electronic [ game card pull-tab ] by:
a. Insertion of U.S. currency (bills only);
b. Purchase made at a point of sale terminal; or
c. Withdrawing deposits available in a player account.
2. [ In addition to the The ]
available games, [ the flare, and ] rules
of play shall be displayed on the [ player electronic
pull-tab ] device's video screen. Rules of play shall include all
winning combinations.
3. Any number of game themes may be selectable for play on
any given [ player electronic pull-tab ] device.
Only one of the game themes shall be playable at any given time.
4. [ A player An electronic
pull-tab ] device shall be clearly labeled so as to inform the
public that no one under 18 years of age is allowed to play.
5. [ A player An electronic
pull-tab ] device shall not be capable of displaying any enticing
animation while in an idle state. [ A player An
electronic pull-tab ] device may use simple display elements or
screen savers to prevent monitor damage.
6. The results of the electronic [ game card
pull-tab ] shall be shown to the player using a video display. No
rolling, flashing, or spinning animations are permitted. No rotating reels
marked into horizontal segments by varying symbols are permitted. [ No
entertaining sound or music is permitted other than an audio effect to simulate
the opening of a paper pull-tab or instant bingo card. Any sounds present used
to simulate the opening of a paper pull-tab must not be played at a level
sufficient to disturb other players or patrons.
7. Any sound or music solely intended to entice a player to play is prohibited. Any sound or music emitted by an electronic pull-tab device must not be played at a level sufficient to disturb other players or patrons. ]
[ 7. 8. ] The [ player
electronic pull-tab ] device shall have one or more buttons,
electromechanical or touch screen, to facilitate the following functions:
a. Viewing of the game "help" screens;
b. Viewing of the game rules;
c. Initiating game play;
d. Cashout or logout; and
e. One or more buttons designated to reveal the pull-tab or instant bingo windows.
[ 8. 9. ] Following play on
[ a player an electronic pull-tab ] device,
the result shall be clearly shown on the video display along with any prizes
that may have been awarded. Prizes may be dispensed in the form of:
a. Voucher;
b. Added to the machine balance meter; or
c. Added to the player's account balance.
[ 9. 10. ] An available
balance may be collected from the [ player electronic
pull-tab ] device by the player pressing the "cashout"
button or logging off of the [ player electronic
pull-tab ] device at any time other than during:
a. A game being played;
b. While in an audit mode or screen;
c. Any door open;
d. Test mode;
e. A machine balance meter or win meter incrementation unless the entire amount is placed on the meter when the "cashout" button is pressed; or
f. An error condition.
[ 10. 11. ] The default
[ player electronic pull-tab ] device
display, upon entering game play mode, shall not be the top award.
B. [ A player An electronic
pull-tab ] device shall not have hardware or software that
determines the outcome of any electronic [ game card
pull-tab ], produce its own outcome, or affect the order of
electronic [ game cards pull-tabs ] as
dispensed from the distributed pull-tab system. The game outcome shall be
determined by the distributed pull-tab system as outlined within these rules.
C. Game themes [ may shall ]
not contain obscene or offensive graphics, animations, or references.
[ All game themes will be subject to approval by the department
The department shall determine what constitutes obscene or offensive graphics,
animations, or references. ]
D. Prior to approval for use, each [ player
electronic pull-tab ] device must meet the following specifications
with respect to its operation:
1. After accepting an allowable cash payment from the player, the player shall press a "play" button to initiate a game.
2. The [ player electronic
pull-tab ] device shall not display in any manner, the number of
electronic [ game cards pull-tabs ] of
each finite category, or how many cards remain.
3. Awards of merchandise prizes in lieu of cash are prohibited.
4. The player must interact with the device to initiate a game and reveal a win or loss. This may involve a button press on the console or on the touch screen.
5. The electronic [ game card
pull-tab ] must be initially displayed with a cover and require
player interaction to reveal the symbols and game outcome.
6. In no event may [ a player an
electronic pull-tab ] device simulate play of roulette, poker,
keno, lotto or lottery, twenty-one, blackjack, or any other card game, or
simulate play of any type of slot machine game, regardless of whether the
machine has a payback feature or extra play awards. Card symbols such as ace,
king, queen, or heart are acceptable, provided the aforementioned is abided by.
7. Games must not contain any elements of skill.
E. Each [ player electronic
pull-tab ] device must meet the following specifications with
respect to its metering system:
1. [ A player An electronic
pull-tab ] device shall contain electronic metering whereby meters
record and display on the video screen the following information at a minimum:
a. Total cash in for the bill acceptor if equipped with a bill acceptor;
b. Total cash played;
c. Total cash won;
d. Total cash removed from [ player
electronic pull-tab ] device;
e. Total count of electronic [ game cards
pull-tabs ] played; and
f. Total count of electronic [ game cards
pull-tabs ] won.
2. An electronic meter shall be capable of maintaining correct totals and be of no less than 10 digits in length.
3. [ A player An electronic
pull-tab ] device shall not be capable of displaying the number of
electronic [ game cards pull-tabs ] that
remain in the game set or the number of winners or losers that have been drawn
or still remain in the game set while the game set is still being played.
4. An electronic meter shall not be capable of being automatically reset or cleared, whether due to an error in any aspect of the meter's or a game's operation or otherwise.
5. Currency meters shall be maintained in dollars and cents.
Part V
Administrative Process
11VAC15-40-420. Procedural rules for the conduct of fact-finding conferences and hearings.
[ A. As used in this section, "manufacturer" means a person or entity that assembles from raw materials or subparts an electronic games of chance system. ]
[ A. B. ] Fact-finding
conference; notification, appearance, and conduct.
1. Unless automatic revocation or immediate suspension is
required by law, no permit to conduct charitable gaming [ , or ]
to sell charitable gaming supplies [ , or to distribute
electronic games of chance ] shall be denied, suspended, or revoked
except after review and approval of such proposed denial, suspension, or
revocation action by the board, and upon notice stating the basis for such
proposed action and the time and place for a fact-finding conference as set
forth in § 2.2-4019 of the Administrative Process Act.
2. If a basis exists for a refusal to renew, suspend, or a revoke a permit, the department shall notify by certified mail or by hand delivery the interested persons at the address of record maintained by the department.
3. Notification shall include the basis for the proposed
action and afford interested persons the opportunity to present written and
oral information to the department that may have a bearing on the proposed
action at a fact-finding conference. If there is no withdrawal, a fact-finding
conference shall be scheduled at the earliest mutually agreeable date, but no
later than 60 days from the date of the notification. Organizations [ ,
or ] suppliers [ , or manufacturers ] who
wish to waive their right to a conference shall notify the department at least
14 days before the scheduled conference.
4. If, after consideration of evidence presented during an informal fact-finding conference, a basis for action still exists, the interested persons shall be notified in writing within 60 days of the fact-finding conference via certified or hand-delivered mail of the decision and the right to a formal hearing. Parties to the conference may agree to extend the report deadline if more time is needed to consider relevant evidence.
[ B. C. ] Hearing;
notification, appearance, and conduct.
1. If, after a fact-finding conference, a sufficient basis
still exists to deny, suspend, or revoke a permit, interested persons shall be
notified by certified or hand-delivered mail of the proposed action and of the
opportunity for a hearing on the proposed action. If an organization
[ or, ] supplier [ , or
manufacturer ] desires to request a hearing, it shall notify the
department within 14 days of receipt of a report on the conference. Parties may
enter into a consent agreement to settle the issues at any time prior to, or
subsequent to, an informal fact-finding conference.
2. If an interested party or representative fails to appear at a hearing, the hearing officer may proceed in his absence and make a recommendation.
3. Oral and written arguments may be submitted to and limited by the hearing officer. Oral arguments shall be recorded in an appropriate manner.
[ C. D. ] Hearing location.
Hearings before a hearing officer shall be held, insofar as practicable, in the
county or city in which the organization [ or, ] supplier
[ , or manufacturer ] is located. If the parties agree,
hearing officers may conduct hearings at locations convenient to the greatest
number of persons or by telephone conference, video conference, or similar
technology, in order to expedite the hearing process.
[ D. E. ] Hearing decisions.
1. Recommendations of the hearing officer shall be a part of the record and shall include a written statement of the hearing officer's findings of fact and recommendations as well as the reasons or basis for the recommendations. Recommendations shall be based upon all the material issues of fact, law, or discretion presented on the record.
2. The department shall review the recommendation of the hearing officer and render a decision on the recommendation within 30 days of receipt. The decision shall cite the appropriate rule, relief, or denial thereof as to each issue.
[ E. F. ] Agency
representation. The commissioner's designee may represent the department in an
informal conference or at a hearing.
11VAC15-40-430. Reporting violations.
[ A. As used in this section, "manufacturer" means a person or entity that assembles from raw materials or subparts an electronic games of chance system. ]
[ A. B. ] Unless otherwise
required by law, the identity of any individual who provides information to the
department or its agents regarding alleged violations shall be held in strict
confidence.
[ B. C. ] Any officer,
director, or game manager of a qualified organization or any officer or
director of a supplier [ or manufacturer ] shall
immediately report to the department any information pertaining to the
suspected misappropriation or theft of funds or any other violations of
charitable gaming statutes or these regulations.
[ C. D. ] Failure to report
the information required by subsection [ B C ]
of this section may result in the denial, suspension, or revocation of a
permit.
[ D. E. ] Any officer,
director, or game manager of a qualified organization involved in the
management, operation, or conduct of charitable gaming shall immediately notify
the department upon [ conviction being convicted ]
of a felony or a crime involving fraud, theft, or financial crimes.
[ E. F. ] Any officer, director,
partner, or owner of a supplier [ or manufacturer ] shall
immediately notify the department upon [ conviction
being convicted ] or [ plea of pleading ]
nolo contendere to a felony or a crime involving gambling or an action
against any license or certificate held by the supplier in any state in the
United States.
[ F. G. ] Failure to report
information required by subsection [ D or E or F ]
of this section by any officer, director, or game manager of a qualified
organization or by any supplier [ or manufacturer ] may
result in the denial, suspension, or revocation of a permit.
[ G. H. ] Any officer,
director, or game manager of a qualified organization involved in charitable
gaming shall immediately report to the department any change the Internal
Revenue Service makes in the tax status of the organization, or if the
organization is a chapter of a national organization covered by a group tax
exempt determination, the tax status of the national organization.
[ H. I. ] All organizations
regulated by the department shall display prominently a poster advising the
public of a phone number where complaints relating to charitable gaming may be
made. Such posters shall be [ provided by the department to
organizations at no charge in a format prescribed by the department ].
FORMS (11VAC15-40)
GAME MANAGEMENT FORMS
Bingo Session Reconciliation Summary, Form 103 (rev. 1/11).
Admission Sales Reconciliation - Paper, Form 104-A (rev. 1/11).
Floor Sales Reconciliation - Paper, Form 104-B (rev. 1/11).
Decision Bingo Reconciliation, Form 104-C (rev. 1/11).
Raffle/Treasure Chest Sales Reconciliation - Bingo Session, Form 104-D (rev. 1/11).
Instant Bingo/Seal Cards/Pull-Tabs Reconciliation, Form 105 (rev. 1/11) .
Storeroom Inventory Issue - Paper, Form 106-A (rev. 7/08).
Storeroom Inventory Issue - Instant Bingo/Seal Cards/Pull-Tabs, Form 106-B (rev. 7/08).
List of Volunteer Workers, Form 107 (rev. 7/08).
Prize Receipt, Form 108 (rev. 7/08).
Storeroom Inventory - Paper, Form 109-A (rev. 1/11).
Storeroom Inventory - Instant Bingo/Seal Cards/Pull-Tabs, Form 109-B (rev. 1/11) .
ORGANIZATION LICENSING FORMS
Charitable Gaming Permit Application - New Applicants Only, Form 201 - N (rev. 1/11).
Charitable Gaming Permit Application - Renewal Applicants Only, Form 201 - R (rev. 1/11).
Gaming Personnel Information Update (rev. 7/08).
Report of Game Termination (rev. 7/08).
[ SUPPLIER LICENSING FORMS
Charitable Gaming Supplier Permit Application, Form 301
(rev. 1/11).
Annual Supplier Sales and Transaction Report, Form 302
(rev. 7/08).
MANUFACTURER OF ELECTRONIC GAMES OF CHANCE SYSTEMS AND SUPPLIER LICENSING FORMS
Annual Supplier/Manufacturer Sales and Transaction Report, Form 302 (rev. 6/12). ]
BINGO MANAGER AND BINGO CALLER REGISTRATION FORMS
Charitable Gaming Bingo Caller Certificate of Registration Application, Form 401 (rev. 1/11).
Charitable Gaming Bingo Manager Certificate of Registration Application, Form 402 (rev. 1/11).
Amendment to Certificate of Registration Registered Bingo Callers and Bingo Managers (rev. 1/11).
DOCUMENTS INCORPORATED BY REFERENCE (11VAC15-40)
IRS Publication 3079, Tax-Exempt Organizations and Gaming (rev. 6/10).