TITLE 11. GAMING

CHARITABLE GAMING BOARD

Agency Decision

Title of Regulation: 11VAC15-40. Charitable Gaming Regulations.

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

Name of Petitioner: Katherine Phelps, on behalf of patrons of the Redwood Community Association Bingo.

Nature of Petitioner's Request: Petitioner requests that the Charitable Gaming Board repeal subsection E of 11VAC15-40-110 of the Charitable Gaming Regulations, which states, in part, that no landlord, his agent or employee, member of his immediate family, or person residing in the same household shall at charitable games conducted on the landlord's premises participate in the management, operation, or conduct of any charitable games. Petitioner further states: "If this rule cannot be repealed, all bingo halls should be compelled to comply with this rule and not single out just one bingo hall. If all bingo halls are not compelled to comply, that is discrimination on the part of the gaming commission. We, the undersigned, are patrons at Redwood Community Association Bingo and notice their owners are no longer working bingo. However, when visiting other bingo halls, we notice that the owners of the property are head of the bingo and family members are workers, managers, etc."

Agency Decision: Request denied.

Statement of Reason for Decision: The Charitable Gaming Board voted to take no action on the petitioner's request for rulemaking for the following reasons: The Charitable Gaming Regulations, 11VAC15-40, was promulgated pursuant to the charitable gaming statutes of the Code of Virginia. Section 18.2-340.16 of the charitable gaming statute defines "landlord" as "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 to the conduct of bingo games, and any person residing in the same household as a landlord." Section 18.2-340.33(7) of the charitable gaming statute states "no landlord shall, at bingo games conducted on the landlord's premises, (i) participate in the conduct, management, or operation of any bingo games..." As such, 11VAC15-40-110 E of the Charitable Gaming Regulations, which states "no landlord, his agent or employee, member of his immediate family, or person residing in the same household shall at charitable games conducted on the landlord's premises participate in the management, operation, or conduct of any charitable games," is a restatement of the existing law. The board does not have the authority to allow by regulation conduct that is prohibited by law, thus the board voted to take no action on the petitioner's request. The board noted that, though it is sympathetic to the petitioner's request, maintaining a distinction between the landlord and the organization that is leasing a premises from the landlord in order to conduct bingo is paramount in promoting integrity within charitable gaming throughout the Commonwealth.

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, or email michael.menefee@vdacs.virginia.gov.

VA.R. Doc. No. R18-06; Filed January 19, 2018, 1:29 p.m.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Initial Agency Notice

Title of Regulation: 24VAC35-30. Virginia Alcohol Safety Action Program Case Management Policy and Procedure Manual.

Statutory Authority: § 18.2-270.1 of the Code of Virginia.

Name of Petitioner: David Hites.

Nature of Petitioner's Request: On January 12, 2018, citing § 2.2-4007 of the Code of Virginia, David Hites requested changes to § 18.2-270.1 of the Code of Virginia and the VASAP Case Management Operational Guidelines.

Agency Plan for Disposition of Request: The petitioner's request will be considered at the next Commission on VASAP meeting on March 29, 2018.

Public Comment Deadline: March 11, 2018.

Agency Contact: Richard Foy, Field Service Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R18-21; Filed January 25, 2018, 11:21 a.m.

Initial Agency Notice

Title of Regulation: 24VAC35-60. Ignition Interlock Program Regulations.

Statutory Authority: §§ 18.2-270.1 and 18.2-270.2 of the Code of Virginia.

Name of Petitioner: Cynthia Hites.

Nature of Petitioner's Request: On January 26, 2018, citing § 2.2-4007 of the Code of Virginia, Cynthia Hites requested changes to §§ 18.2-270.1, 18.2-270.2 of the Code of Virginia and Virginia Administrative Code 24VAC35-60 with regard to the terms "alcohol" and "ethanol."

Agency Plan for Disposition of Request: The petitioner's request will be considered at the next Commission on VASAP meeting on March 29, 2018.

Public Comment Deadline: March 11, 2018.

Agency Contact: Richard Foy, Field Service Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R18-22; Filed January 26, 2018, 11:45 a.m.