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2001 SESSION


CHAPTER 813
An Act to amend and reenact § 18.2-340.20 and the second and third enactments of Chapter 1000 of the Acts of Assembly of 2000, relating to the rental of premises for conduct of charitable gaming; regulations.
[H 2375]
Approved April 4, 2001

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-340.20 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-340.20. Denial, suspension or revocation of permit; hearings and appeals.

A. The Commission may deny, suspend or revoke the permit of any organization found not to be in strict compliance with the provisions of this article and the regulations of the Commission. The action of the Commission in denying, suspending, or revoking any permit shall be subject to the Administrative Process Act (§ 9-6.14:1 et seq.).

B. Except as provided in §§ 18.2-340.30 and 18.2-340.36, no permit to conduct charitable gaming shall be denied, suspended or revoked except upon notice stating the proposed basis for such action and the time and place for the hearing. At the discretion of the Commission, hearings may be conducted by hearing officers who shall be selected from the list prepared by the Executive Secretary of the Supreme Court. After a hearing on the issues, the Commission may refuse to issue or may suspend or revoke any such permit if it determines that the organization has not complied with the provisions of this article or the regulations of the Commission.

C. Any person aggrieved by a refusal of the Commission to issue any permit, the suspension or revocation of a permit, or any other action of the Commission, may seek review of such action in accordance with Article 4 (§ 9-6.14:15 et seq.) of the Administrative Process Act.

D. Until July 1, 2001 2002, the Charitable Gaming Commission shall not deny, suspend, or revoke the permit of any organization solely because of its failure to meet the required minimum percentage of its gross receipts required to be used for charitable purposes, as prescribed by regulations adopted pursuant to subdivision 1 of § 18.2-340.19, unless requested by the organization, provided that (i) the organization was conducting gaming in a rented facility prior to January 1, 2000, and (ii) the organization is otherwise in compliance with the laws and regulations governing charitable gaming in the Commonwealth.

2. That the second and third enactments of Chapter 1000 of the 2000 Acts of Assembly are amended and reenacted as follows:

2. That the Virginia Charitable Gaming Commission shall examine (i) whether leases between operators of commercial bingo facilities and qualified organizations conform to the standards set forth in § 18.2-340.33(3); (ii) the ways in which fair market rental value for both real property and the personal property used therewith for bingo games may be appropriately computed; (ii) (iii) the ways rents for real property and any personal property used in connection with such real property for bingo games are reported or should be reported to the Commission; and (iii) (iv) the nexus between such rents paid, the reporting of such rents, and the ability of qualified organizations, as defined in § 18.2-340.16, to meet the minimum percentages of gross receipts required to be used for those lawful religious, charitable, community, or educational purposes for which the organizations are specifically chartered or organized. The Virginia Charitable Gaming Commission shall report its findings and recommendations to the Governor and General Assembly on or before January November 10, 2001.

3. That the provisions of this act shall expire on July 1, 2001 2002.