Virginia Administrative Code › Title 11 - GAMING › Agency 20 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, CHARITABLE GAMING › Chapter 20 - CHARITABLE GAMING REGULATIONS › Part II - Charitable Gaming Organizations › Article 1 - Permits › Section 11VAC20-20-40 - Charitable gaming authorization for electronic gaming

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 operation and conduct of electronic gaming is a privilege that may be granted
					 or denied by the department. A social organization desiring to operate and
					 conduct electronic gaming shall obtain a permit to conduct charitable gaming
					 and an authorization to operate and conduct electronic gaming from the
					 department prior to the commencement of any electronic gaming. To be eligible
					 for a permit or an authorization, a social organization must meet all of the
					 requirements of the Charitable Gaming Law and regulations adopted pursuant
					 thereto.
B. A social organization
					 desiring to operate and conduct electronic gaming shall complete a
					 department-prescribed application to request a new or to renew an existing
					 authorization. The social organization must provide the quantity of electronic
					 gaming devices it intends to operate on the premises at the time when the
					 authorization is issued to the organization. In accordance with §§
					 18.2-340.23 and 18.2-340.26:3 of the Code of Virginia, a social organization
					 shall submit a nonrefundable application fee payable to the Treasurer of
					 Virginia in the amount of $200 in addition to the fee prescribed for the
					 charitable gaming permit.
C. If an
					 organization's charitable gaming permit is denied pursuant to
					 11VAC20-20-20 and
					 11VAC20-20-50, then its request
					 for a new or renewal authorization to operate and conduct electronic gaming
					 shall be denied by the department.
D. An authorization to operate and conduct
					 electronic gaming shall be valid for one year from the date of issuance. The
					 department may issue an authorization that is valid for less than one year or
					 up to two years when it determines that such is necessary. Authorizations shall
					 be noted on the charitable gaming permit, and the expiration date for the
					 authorization shall be the same as the charitable gaming permit expiration
					 date.
E. An authorization to
					 operate and conduct electronic gaming shall be valid only for the operation and
					 conduct of electronic gaming at the primary location; on the days of the week,
					 dates, and times; and for the quantity of electronic gaming devices listed on
					 the permit.
1. A social organization shall
					 designate a contiguous area within its primary location as its social quarters.
					 A social organization's social quarters shall not include any area that is
					 included in the public space leased to a qualified organization so that the
					 qualified organization may operate and conduct electronic gaming.
2. A social organization shall designate a
					 contiguous area within its primary location as its public space. A social
					 organization's public space shall not include any area that is included in its
					 social quarters. A social organization may lease its public space to a
					 qualified organization so that the qualified organization may operate and
					 conduct electronic gaming.
3. The
					 primary location shall have a unique physical address established by the United
					 States Postal Service and a certificate of occupancy issued by the city,
					 county, or town where the building is physically located.
4. The social organization's principal place
					 of business as registered with the State Corporation Commission shall be its
					 primary location so long as the principal place of business is where the
					 organization conducts its business. The operation and conduct of electronic
					 gaming alone does not constitute the conduct of business for the purpose of
					 determining a social organization's primary location. If the social
					 organization is not registered with the State Corporation Commission, then the
					 social organization's primary location shall be (i) the location where the
					 organization conducts its business and (ii) if requested by the department,
					 confirmed by the affiliated national or state organization as the social
					 organization's primary location.
5.
					 Upon request of the department, the social organization shall provide
					 sufficient documentation to identify its primary location. If the social
					 organization is unable or unwilling to provide such documentation, then the
					 department shall deny the social organization's application for authorization
					 to operate and conduct electronic gaming in accordance with
					 11VAC20-20-50.