18.2-340.16 - Definitions. - Virginia Statutes

§ 18.2-340.16. Definitions.

As used in this article, unless the context requires a different meaning:

"Bingo" means a specific game of chance played with (i) individual cardshaving randomly numbered squares ranging from one to seventy-five, (ii)Department-approved electronic devices that display facsimiles of bingo cardsand are used for the purpose of marking and monitoring players' cards asnumbers are called, or (iii) Department-approved cards, in which prizes areawarded on the basis of designated numbers on such cards conforming to apredetermined pattern of numbers selected at random.

"Board" means the Charitable Gaming Board created pursuant to § 2.2-2455.

"Bona fide member" means an individual who participates in activities of aqualified organization other than such organization's charitable gamingactivities.

"Charitable gaming" or "charitable games" means those raffles and gamesof chance explicitly authorized by this article.

"Charitable gaming supplies" includes bingo cards or sheets, devices forselecting bingo numbers, instant bingo cards, pull-tab cards and seal cards,and any other equipment or product manufactured for or intended to be used inthe conduct of charitable games. However for the purposes of this article,charitable gaming supplies shall not include items incidental to the conductof charitable gaming such as markers, wands or tape.

"Commissioner" means the Commissioner of the Department of Agriculture andConsumer Services.

"Conduct" means the actions associated with the provision of a gamingoperation 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 servicesprovided by volunteer workers.

"Department" means the Department of Agriculture and Consumer Services.

"Fair market rental value" means the rent that a rental property will bringwhen offered for lease by a lessor who desires to lease the property but isnot obligated to do so and leased by a lessee under no necessity of leasing.

"Gaming expenses" means prizes, supplies, costs of publicizing gamingactivities, audit and administration or permit fees, and a portion of therent, utilities, accounting and legal fees and such other reasonable andproper expenses as are directly incurred for the conduct of charitable gaming.

"Gross receipts" means the total amount of money generated by anorganization from charitable gaming before the deduction of expenses,including prizes.

"Instant bingo," "pull tabs," or "seal cards" means specific games ofchance played by the random selection of one or more individually prepackedcards, including Department-approved electronic versions thereof, withwinners being determined by the preprinted or predetermined appearance ofconcealed letters, numbers or symbols that must be exposed by the player todetermine wins and losses and may include the use of a seal card whichconceals one or more numbers or symbols that have been designated in advanceas prize winners. Such cards may be dispensed by electronic or mechanicalequipment.

"Jackpot" means a bingo game that the organization has designated on itsgame program as a jackpot game in which the prize amount is greater than $100.

"Landlord" means any person or his agent, firm, association, organization,partnership, or corporation, employee, or immediate family member thereof,which owns and leases, or leases any premises devoted in whole or in part tothe conduct of bingo games, and any person residing in the same household asa landlord.

"Management" means the provision of oversight of a gaming operation, whichmay include, but is not limited to, the responsibilities of applying for andmaintaining a permit or authorization, compiling, submitting and maintainingrequired records and financial reports, and ensuring that all aspects of theoperation are in compliance with all applicable statutes and regulations.

"Operation" means the activities associated with production of a charitablegaming activity, which may include, but not be limited to (i) the directon-site supervision of the conduct of charitable gaming; (ii) coordination ofvolunteers; and (iii) all responsibilities of charitable gaming designated bythe organization's management.

"Organization" means any one of the following:

1. A volunteer fire department or rescue squad or auxiliary unit thereofwhich has been recognized in accordance with § 15.2-955 by an ordinance orresolution of the political subdivision where the volunteer fire departmentor rescue squad is located as being a part of the safety program of suchpolitical subdivision;

2. An organization operated exclusively for religious, charitable, communityor educational purposes;

3. An athletic association or booster club or a band booster club establishedsolely to raise funds for school-sponsored athletic or band activities for apublic school or private school accredited pursuant to § 22.1-19 or toprovide scholarships to students attending such school;

4. An association of war veterans or auxiliary units thereof organized in theUnited States;

5. A fraternal association or corporation operating under the lodge system;

6. A local chamber of commerce; or

7. Any other nonprofit organization that raises funds by conducting rafflesthat generate annual gross receipts of $40,000 or less, provided such grossreceipts from the raffle, less expenses and prizes, are used exclusively forcharitable, educational, religious or community purposes.

"Qualified organization" means any organization to which a valid permit hasbeen issued by the Department to conduct charitable gaming or anyorganization that is exempt pursuant to § 18.2-340.23.

"Raffle" means a lottery in which the prize is won by (i) a random drawingof the name or prearranged number of one or more persons purchasing chancesor (ii) a random contest in which the winning name or preassigned number ofone or more persons purchasing chances is determined by a race involvinginanimate objects floating on a body of water, commonly referred to as a"duck race."

"Reasonable and proper business expenses" means business expenses actuallyincurred by a qualified organization in the conduct of charitable gaming andnot otherwise allowed under this article or under Board regulations on realestate and personal property tax payments, travel expenses, payments ofutilities and trash collection services, legal and accounting fees, costs ofbusiness furniture, fixtures and office equipment and costs of acquisition,maintenance, repair or construction of an organization's real property. Forthe purpose of this definition, salaries and wages of employees whose primaryresponsibility is to provide services for the principal benefit of anorganization's members shall not qualify as a business expense. However,payments made pursuant to § 51.1-1204 to the Volunteer Firefighters' andRescue Squad Workers' Service Award Fund shall be deemed a reasonable andproper business expense.

"Supplier" means any person who offers to sell, sells or otherwise providescharitable gaming supplies to any qualified organization.

(1995, c. 837; 1996, c. 919; 1997, cc. 777, 838; 1998, cc. 57, 398; 1999, c.534; 2002, cc. 282, 340; 2003, c. 884; 2006, c. 644; 2007, cc. 160, 264;2008, cc. 387, 689; 2009, c. 121; 2010, c. 429.)