Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Charitable Gaming Board intends to consider amending 11VAC15-40, Charitable Gaming Regulations. The Charitable Gaming Regulations currently include provisions prescribing the number of standalone electronic pull-tab devices and handheld electronic pull-tab devices that may be used at qualifying sites. The planned regulatory action seeks to examine the limit on the number of electronic pull-tab devices that may be used at various qualified sites with the goal of increasing the number of devices allowed. These sites include (i) premises at which charitable gaming is conducted and (ii) private social quarters. Premises at which charitable gaming is conducted are open to the public during charitable gaming sessions. Private social quarters also conduct charitable gaming and are operated by qualified nonprofit organizations, but entrance to these premises is limited to members of the organization operating the social quarters and the members' guests.

The type of premises determines the number of electronic pull-tab devices that may be present at the premises. Limits on the number of permitted devices are prescribed in 11VAC15-40-300. Currently, this regulation allows a maximum of 10 standalone electronic pull-tab devices and 50 handheld electronic pull-tab devices in premises that are open to the public, while private social quarters are limited to a total of five electronic pull-tab devices, regardless of type. These limits were based on an agreement reached between stakeholders during the drafting of the final text of the regulation, which became effective in 2012.

This proposed regulatory action was initiated in response to a Petition for Rulemaking from a licensed manufacturer of electronic pull-tab systems requesting an increase in the number of electronic pull-tab devices allowed in private social quarters.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.