2006 Code of Virginia § 18.2-340.34 - Suppliers of charitable gaming supplies; permit; qualification; suspension, revocation or refusal t...

18.2-340.34. Suppliers of charitable gaming supplies; permit;qualification; suspension, revocation or refusal to renew certificate;maintenance, production, and release of records.

A. No person shall offer to sell, sell or otherwise provide charitable gamingsupplies to any qualified organization unless and until such person has madeapplication for and has been issued a permit by the Department. Anapplication for permit shall be made on forms prescribed by the Departmentand shall be accompanied by a fee in the amount of $1,000. Each permit shallremain valid for a period of one year from the date of issuance. Applicationfor renewal of a permit shall be accompanied by a fee in the amount of $1,000and shall be made on forms prescribed by the Department.

B. The Board shall have authority to prescribe by regulation reasonablecriteria consistent with the provisions of this article for the registrationof suppliers. The Department may refuse to issue a permit to any supplier whohas, or which has any officer, director, partner, or owner who has (i) beenconvicted of or pleaded nolo contendere to a felony in any state or federalcourt or has been convicted of any offense which, if committed in theCommonwealth, would be a felony; (ii) been convicted of or pleaded nolocontendere to a crime involving gambling; (iii) had any license, permit,certificate or other authority related to activities defined as charitablegaming in the Commonwealth suspended or revoked in the Commonwealth or in anyother jurisdiction; (iv) failed to file or has been delinquent in excess ofone year in the filing of any tax returns or the payment of any taxes due theCommonwealth; or (v) failed to establish a registered office or registeredagent in the Commonwealth if so required by 13.1-634 or 13.1-763.

C. The Department may suspend, revoke or refuse to renew the permit of anysupplier for any conduct described in subsection B or for any violation ofthis article or regulation of the Board. Before taking any such action, theDepartment shall give the supplier a written statement of the grounds uponwhich it proposes to take such action and an opportunity to be heard. Everyhearing in a contested case shall be conducted in accordance with theAdministrative Process Act ( 2.2-4000 et seq.).

D. Each supplier shall document each sale of charitable gaming supplies andother items incidental to the conduct of charitable gaming, such as markers,wands or tape, to a qualified organization on an invoice which clearly shows(i) the name and address of the qualified organization to which such suppliesor items were sold; (ii) the date of the sale; (iii) the name or form andserial number of each deal of instant bingo cards and pull-tab raffle cards,the quantity of deals sold and the price per deal paid by the qualifiedorganization; (iv) the serial number of the top sheet in each packet of bingopaper, the serial number for each series of uncollated bingo paper, and thecut, color and quantity of bingo paper sold; and (v) any other informationwith respect to charitable gaming supplies or other items incidental to theconduct of charitable gaming as the Board may prescribe by regulation. Alegible copy of the invoice shall accompany the charitable gaming supplieswhen delivered to the qualified organization.

E. Each supplier shall maintain a legible copy of each invoice required bysubsection D for a period of three years from the date of sale. Each suppliershall make such documents immediately available for inspection and copying toany agent or employee of the Department upon request made during normalbusiness hours. This subsection shall not limit the right of the Departmentto require the production of any other documents in the possession of thesupplier which relate to its transactions with qualified organizations. Alldocuments and other information of a proprietary nature furnished to theDepartment in accordance with this subsection shall not be a matter of publicrecord and shall be exempt from disclosure under the provisions of theFreedom of Information Act ( 2.2-3700 et seq.).

(1995, c. 837; 1996, c. 919; 1997, cc. 777, 838; 1999, c. 534; 2003, c. 884;2006, c. 644.)