Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 90 - CASINO GAMING › Section 11VAC5-90-90 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Inspections.
1. A licensee or permit holder is subject to
				unannounced inspections conducted by the department to evaluate and verify the
				entity's compliance with the casino gaming law, this chapter, and any other
				law, regulation, or condition of the department related to casino
				gaming.
2. The department may
				conduct an unannounced inspection without a warrant and take any of the
				following actions:
a. Conduct an inspection of
				premises in which:
(1) Casino gaming is
				conducted;
(2) Authorized casino
				games, table game equipment, a central monitor and control system, or
				associated equipment and software are:
(a)
				Designed;
(b) Built;
(c) Constructed;
(d) Assembled;
(e) Manufactured;
(f) Sold;
(g) Distributed; or
(h) Serviced; or
(3) Records are prepared or maintained for
				activities referenced in subdivisions 2 a (1) and 2 a (2) of this
				subsection;
b. Conduct an
				inspection of a casino game, table game equipment, a central monitor control
				system, or associated equipment and software in, about, on, or around the
				premises specified in subdivision 2 a of this subsection;
c. From the premises specified in subdivision
				2 a of this subsection, summarily seize, remove, impound, or assume physical
				control of, for the purposes of examination and inspection:
(1) A casino game;
(2) Table game equipment;
(3) A central monitor and control system;
				or
(4) Associated equipment and
				software;
d. Inspect,
				examine, and audit books, records, and documents concerning a licensee's or
				permit holder's casino gaming operations, including the financial records of a:
(1) Parent corporation;
(2) Subsidiary corporation; or
(3) Similar business entity; or
e. Seize, impound, or assume
				physical control of:
(1) Books;
(2) Records;
(3) Ledgers;
(4) Cash boxes and their contents;
(5) A counting room or its
				equipment;
(6) Other physical
				objects relating to casino gaming operations; or
(7) Any record or object that a licensee or
				permit holder is required by law or license and permit terms to
				maintain.
3.
				During an inspection, a licensee or permit holder and their employees, agents,
				and representatives:
a. Shall:
(1) Make available for inspection, copying,
				or physical control a record that a licensee or permit holder is required to
				maintain;
(2) Authorize any person
				having financial records relating to the licensee or permit holder to provide
				those records to the department; and
(3) Otherwise cooperate with the activities
				of the department described in this chapter; and
b. May not knowingly interfere with the
				authorized activity of the department during an unannounced
				inspection.
4. An
				unannounced inspection may be conducted:
a.
				Any time during reasonable business hours; and
b. Periodically, as determined by the
				department.
5. The
				refusal of a licensee or permit holder or their employees or agents to provide
				the department with the access necessary to perform an unannounced inspection
				may be the basis for enforcement action under this section.
6. In addition to subdivisions 1 through 5 of
				this subsection, department staff, along with agents of the Department of State
				Police and local law-enforcement or fire departments, may enter any casino
				gaming facility at any time to determine compliance with the casino gaming law,
				this chapter, and applicable fire prevention and safety laws.