SB1346: Charitable gaming; sale of pull tabs & other instant bingo games by volunteer fire departments, etc.

SENATE BILL NO. 1346

Offered January 18, 2013
A BILL to amend and reenact §§ 18.2-340.23 and 18.2-340.28 of the Code of Virginia, relating to charitable gaming; sale of pull tabs and other instant bingo games.
Patrons-- Lucas; Delegate: Dance

Referred to Committee on General Laws and Technology

Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-340.23 and 18.2-340.28 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-340.23. Organizations exempt from certain permits and fees.

A. No organization that reasonably expects, based on prior charitable gaming annual results or any other quantifiable method, to realize gross receipts of $40,000 or less in any 12-month period shall be required to (i) notify the Department of its intention to conduct charitable gaming, or (ii) comply with Board regulations. If any organization's actual gross receipts for the 12-month period exceed $40,000, the Department may require the organization to file by a specified date the report required by § 18.2-340.30.

B. Any volunteer fire department or rescue squad or auxiliary unit thereof which has been recognized in accordance with § 15.2-955 by an ordinance or resolution of the political subdivision where the volunteer fire department or rescue squad is located as being part of the safety program of such political subdivision shall be exempt from the payment of application fees required by § 18.2-340.25 and the payment of audit fees required by § 18.2-340.31. Nothing Except as specifically provided in § 18.2-340.28, nothing in this subsection shall be construed as exempting volunteer fire departments and rescue squads from any other provisions of this article or other Board regulations.

C. Nothing in this section shall prevent the Department from conducting any investigation or audit it deems appropriate to ensure an organization's compliance with the provisions of this article and, to the extent applicable, Board regulations.

§ 18.2-340.28. Conduct of instant bingo, pull tabs and seal cards.

A. Any Except as provided in subsection D, any organization qualified to conduct bingo games pursuant to the provisions of this article may play instant bingo, pull tabs, or seal cards as a part of such bingo game and, if a permit is required pursuant to § 18.2-340.25, such games shall be played only at such location and at such times as designated in the permit for regular bingo games.

B. Any organization conducting instant bingo, pull tabs, or seal cards shall maintain a record of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection. Such supplies shall be paid for only by check drawn on the 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.

C. No qualified organization shall sell any instant bingo, pull tabs, or seal cards to any individual under 18 years of age. No individual under 18 years of age shall play or redeem any instant bingo, pull tabs, or seal cards.

D. Any volunteer fire department or rescue squad or auxiliary unit thereof that has been recognized in accordance with § 15.2-955 by an ordinance or resolution of the political subdivision where the volunteer fire department or rescue squad is located as being part of the safety program of such political subdivision and which is qualified to conduct bingo games pursuant to the provisions of this article, may sell instant bingo, pull tabs, or seal cards one hour immediately preceding the conduct of any regular or special bingo game, provided the instant bingo, pull tabs, or seal cards are sold in accordance with this article and Board regulations.