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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD2847753Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.5, 2.1-1.9, 2.1-20.4, 2.1-342, 4.1-128, 4.1-209, 4.1-210, 4.1-231, 4.1-233, 4.1-325, and 9-6.25:3 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 3 of Title 11 a section numbered 11-16.1; by adding sections numbered 18.2-334.5, 58.1-3732.1:1, and 59.1-368.1; and by adding in Title 59.1 a chapter numbered 29.1, consisting of articles numbered 1 through 7, containing sections numbered 59.1-405.1 through 59.1-405.38, as follows:
§ 2.1-1.5. Entities not subject to standard nomenclature.
The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or enabling legislation of the entities:
Richmond Eye and Ear Hospital Authority.
Small Business Financing Authority.
State Education Assistance Authority.
Virginia Agriculture Development Authority.
Virginia College Building Authority.
Virginia Education Loan Authority.
Virginia Housing Development Authority.
Virginia Innovative Technology Authority.
Virginia Port Authority.
Virginia Public Building Authority.
Virginia Public School Authority.
Virginia Resources Authority.
Virginia Student Assistance Authorities.
Board of Commissioners, Virginia Agriculture Development Authority.
Board of Commissioners, Virginia Port Authority.
Board of Directors, Richmond Eye and Ear Hospital Authority.
Board of Directors, Small Business Financing Authority.
Board of Directors, Virginia Student Assistance Authorities.
Board of Directors, Virginia Innovative Technology Authority.
Board of Directors, Virginia Resources Authority.
Board of Regents, Gunston Hall Plantation.
Board of Regents, James Monroe Memorial Law Office and Library.
Board of Trustees, Family and Children's Trust Fund.
Board of Trustees, Frontier Culture Museum of Virginia.
Board of Trustees, Jamestown-Yorktown Foundation.
Board of Trustees, Miller School of Albemarle.
Board of Trustees, Rural Virginia Development Foundation.
Board of Trustees, The Science Museum of Virginia.
Board of Trustees, Virginia Museum of Fine Arts.
Board of Trustees, Virginia Museum of Natural History.
Board of Trustees, Virginia Outdoor Foundation.
(Effective July 1, 1996) Board of the Virginia Higher Education Tuition Trust Fund.
Board of Visitors, Christopher Newport University.
Board of Visitors, The College of William and Mary in Virginia.
Board of Visitors, George Mason University.
Board of Visitors, Gunston Hall Plantation.
Board of Visitors, James Madison University.
Board of Visitors, Longwood College.
Board of Visitors, Mary Washington College.
Board of Visitors to Mount Vernon.
Board of Visitors, Norfolk State University.
Board of Visitors, Old Dominion University.
Board of Visitors, Radford University.
Board of Visitors, University of Virginia.
Board of Visitors, Virginia Commonwealth University.
Board of Visitors, Virginia Military Institute.
Board of Visitors, Virginia Polytechnic Institute and State University.
Board of Visitors, Virginia State University.
Governing Board, Virginia College Building Authority.
Governing Board, Virginia Public School Authority.
Library Board, The Library of Virginia.
State Board for Community Colleges, Virginia Community College System.
Alexandria Historical Restoration and Preservation Commission.
Chesapeake Bay Bridge and Tunnel Commission.
Hampton Roads Sanitation District Commission.
Virginia Riverboat Gaming Commission.
Chesapeake Bay Bridge and Tunnel District.
Hampton Roads Sanitation District.
Christopher Newport University.
College of William and Mary in Virginia.
Frontier Culture Museum of Virginia.
George Mason University.
James Madison University.
Jamestown-Yorktown Foundation.
Longwood College.
Mary Washington College.
Miller School of Albemarle.
Norfolk State University.
Old Dominion University.
Radford University.
The Science Museum of Virginia.
University of Virginia.
Virginia Commonwealth University.
Virginia Community College System.
Virginia Military Institute.
Virginia Museum of Fine Arts.
Virginia Polytechnic Institute and State University.
The Library of Virginia.
Virginia State University.
Chippokes Plantation Farm Foundation.
Rural Virginia Development Foundation.
Virginia Conservation and Recreation Foundation.
Virginia Historic Preservation Foundation.
Virginia Outdoor Foundation.
Virginia Museum of Natural History.
Gunston Hall Plantation.
Virginia Retirement System.
§ 2.1-1.9. Commissions.
Notwithstanding the definition for "commission" as provided in § 2.1-1.2, the following entities shall be referred to as commissions:
Commission on Local Government
Marine Resources Commission
Milk Commission
Virginia Commission for the Arts
Virginia Employment Commission.
Virginia Riverboat Gaming Commission.
§ 2.1-20.4. Bodies receiving compensation.
A. Notwithstanding any other provision of law, the following commissions, boards, etc., shall be those which receive compensation from state funds pursuant to § 2.1-20.3:
Accountancy, Board for
Agriculture and Consumer Services, Board of
Air Pollution Control Board, State
Airports Authority, Virginia
Apprenticeship Council
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Building Code Technical Review Board, State
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virginia Council on
Coal Mining Examiners, Board of
College Building Authority
Commonwealth Transportation Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Correctional Education, Board of
Corrections, Board of
Cosmetology, Board for
Criminal Justice Services Board
Deaf and Hard-of-Hearing, Advisory Board for the
Dentistry, Board of
Education, State Board of
Education Loan Authority, Virginia - Board of Directors
Elections, State Board of
Environment, Council on the
Fire Services Board, Virginia
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Health, State Board of
Health Professions, Board of
Hearing Aid Specialists, Board for
Higher Education, State Council of
Historic Resources, Board of
Housing and Community Development, Board of
Information Management, Council on
Marine Resources Commission
Medical Assistance Services, Board of
Medical Complaint Investigation Committee
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Milk Commission
Mineral Mining Examiners, Board of
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Pesticide Control Board
Pharmacy, Board of
Physical Therapy, Advisory Board on
Port Authority, Board of Commissioners of the Virginia
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychology, Board of
Public Defender Commission
Public School Authority, Virginia
Purchases and Supply Appeals Board
Real Estate Appraiser Board
Real Estate Board
Recreation Specialists, Board of
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Safety and Health Codes Board
Seed Potato Board
Social Services, Board of
Social Work, Board of
State Health Department Sewage Handling and Disposal Appeal Review Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Treasury Board
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Riverboat Gaming Commission
Virginia Veterans Care Center Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Waste Management Facility Operators, Board for
Water Control Board, State
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Individual members of boards, commissions, committees, councils, and other similar bodies appointed at the state level and receiving compensation for their services on January 1, 1980, but who will not receive compensation under the provisions of this article, shall continue to receive compensation at the January 1, 1980, rate until such member's current term expires.
§ 2.1-342. Official records to be open to inspection; procedure for requesting records and responding to request; charges; exceptions to application of chapter.
A. Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of this Commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of this Commonwealth, representatives of newspapers and magazines with circulation in this Commonwealth, and representatives of radio and television stations broadcasting in or into this Commonwealth. The custodian of such records shall take all necessary precautions for their preservation and safekeeping. Any public body covered under the provisions of this chapter shall make an initial response to citizens requesting records open to inspection within five work days after the receipt of the request by the public body which is the custodian of the requested records. Such citizen request shall designate the requested records with reasonable specificity. A specific reference to this chapter by the requesting citizen in his request shall not be necessary to invoke the provisions of this chapter and the time limits for response by the public body. The response by the public body within such five work days shall be one of the following responses:
1. The requested records shall be provided to the requesting citizen.
2. If the public body determines that an exemption applies to all of the requested records, it may refuse to release such records and provide to the requesting citizen a written explanation as to why the records are not available with the explanation making specific reference to the applicable Code sections which make the requested records exempt.
3. If the public body determines that an exemption applies to a portion of the requested records, it may delete or excise that portion of the records to which an exemption applies, disclose the remainder of the requested records and provide to the requesting citizen a written explanation as to why these portions of the record are not available to the requesting citizen with the explanation making specific reference to the applicable Code sections which make that portion of the requested records exempt. Any reasonably segregatable portion of an official record shall be provided to any person requesting the record after the deletion of the exempt portion.
4. If the public body determines that it is practically impossible to provide the requested records or to determine whether they are available within the five-work-day period, the public body shall so inform the requesting citizen and shall have an additional seven work days in which to provide one of the three preceding responses.
Nothing in this section shall prohibit any public body from petitioning the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities. Before proceeding with this petition, however, the public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.
The public body may make reasonable charges for the copying, search time and computer time expended in the supplying of such records; however, such charges shall not exceed the actual cost to the public body in supplying such records, except that the public body may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by the public body, for such maps or portions thereof, which encompass a contiguous area greater than fifty acres. Such charges for the supplying of requested records shall be estimated in advance at the request of the citizen. The public body may require the advance payment of charges which are subject to advance determination.
In any case where a public body determines in advance that search and copying charges for producing the requested documents are likely to exceed $200, the public body may, before continuing to process the request, require the citizen requesting the information to agree to payment of an amount not to exceed the advance determination by five percent. The period within which the public body must respond under this section shall be tolled for the amount of time that elapses between notice of the advance determination and the response of the citizen requesting the information.
Official records maintained by a public body on a computer or other electronic data processing system which are available to the public under the provisions of this chapter shall be made reasonably accessible to the public at reasonable cost.
Public bodies shall not be required to create or prepare a particular requested record if it does not already exist. Public bodies may, but shall not be required to, abstract or summarize information from official records or convert an official record available in one form into another form at the request of the citizen. The public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.
Failure to make any response to a request for records shall be a violation of this chapter and deemed a denial of the request.
B. The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law:
1. Memoranda, correspondence, evidence and complaints related to criminal investigations; adult arrestee photographs when necessary to avoid jeopardizing an investigation in felony cases until such time as the release of such photograph will no longer jeopardize the investigation; reports submitted to the state and local police, to investigators authorized pursuant to § 53.1-16 and to the campus police departments of public institutions of higher education as established by Chapter 17 (§ 23-232 et seq.) of Title 23 in confidence; portions of records of local government crime commissions that would identify individuals providing information about crimes or criminal activities under a promise of anonymity; records of local police departments relating to neighborhood watch programs that include the names, addresses, and operating schedules of individual participants in the program that are provided to such departments under a promise of confidentiality; and all records of persons imprisoned in penal institutions in this Commonwealth provided such records relate to the imprisonment. Information in the custody of law-enforcement officials relative to the identity of any individual other than a juvenile who is arrested and charged, and the status of the charge or arrest, shall not be excluded from the provisions of this chapter.
Criminal incident information relating to felony offenses shall not be excluded from the provisions of this chapter; however, where the release of criminal incident information is likely to jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until the above-referenced damage is no longer likely to occur from release of the information.
2. Confidential records of all investigations of applications for licenses
and permits, and all licensees and permittees made by or submitted to the
Alcoholic Beverage Control Board, the State Lottery Department
or, the Virginia Racing Commission, or the Virginia
Riverboat Gaming Commission.
3. State income, business, and estate tax returns, personal property tax returns, scholastic records and personnel records containing information concerning identifiable individuals, except that such access shall not be denied to the person who is the subject thereof, and medical and mental records, except that such records can be personally reviewed by the subject person or a physician of the subject person's choice; however, the subject person's mental records may not be personally reviewed by such person when the subject person's treating physician has made a part of such person's records a written statement that in his opinion a review of such records by the subject person would be injurious to the subject person's physical or mental health or well-being.
Where the person who is the subject of medical records is confined in a state or local correctional facility, the administrator or chief medical officer of such facility may assert such confined person's right of access to the medical records if the administrator or chief medical officer has reasonable cause to believe that such confined person has an infectious disease or other medical condition from which other persons so confined need to be protected. Medical records shall be reviewed only and shall not be copied by such administrator or chief medical officer. The information in the medical records of a person so confined shall continue to be confidential and shall not be disclosed to any person except the subject by the administrator or chief medical officer of the facility or except as provided by law.
For the purposes of this chapter such statistical summaries of incidents and statistical data concerning patient abuse as may be compiled by the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall be open to inspection and releasable as provided in subsection A of this section. No such summaries or data shall include any patient-identifying information. Where the person who is the subject of scholastic or medical and mental records is under the age of eighteen, his right of access may be asserted only by his guardian or his parent, including a noncustodial parent, unless such parent's parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. In instances where the person who is the subject thereof is an emancipated minor or a student in a state-supported institution of higher education, such right of access may be asserted by the subject person.
4. Memoranda, working papers and correspondence (i) held by or requested from members of the General Assembly or the Division of Legislative Services or (ii) held or requested by the office of the Governor or Lieutenant Governor, Attorney General or the mayor or other chief executive officer of any political subdivision of the Commonwealth or the president or other chief executive officer of any state-supported institution of higher education. This exclusion shall not apply to memoranda, studies or other papers held or requested by the mayor or other chief executive officer of any political subdivision which are specifically concerned with the evaluation of performance of the duties and functions of any locally elected official and were prepared after June 30, 1992.
Except as provided in § 30-28.18, memoranda, working papers and correspondence of a member of the General Assembly held by the Division of Legislative Services shall not be released by the Division without the prior consent of the member.
5. Written opinions of the city, county and town attorneys of the cities, counties and towns in the Commonwealth and any other writing protected by the attorney-client privilege.
6. Memoranda, working papers and records compiled specifically for use in litigation or as a part of an active administrative investigation concerning a matter which is properly the subject of an executive or closed meeting under § 2.1-344 and material furnished in confidence with respect thereto.
7. Confidential letters and statements of recommendation placed in the records of educational agencies or institutions respecting (i) admission to any educational agency or institution, (ii) an application for employment, or (iii) receipt of an honor or honorary recognition.
8. Library records which can be used to identify both (i) any library patron who has borrowed material from a library and (ii) the material such patron borrowed.
9. Any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student's performance, (ii) any employee or employment seeker's qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.
As used in this subdivision 9, "test or examination" shall include (i) any scoring key for any such test or examination, and (ii) any other document which would jeopardize the security of such test or examination. Nothing contained in this subdivision 9 shall prohibit the release of test scores or results as provided by law, or limit access to individual records as is provided by law. However, the subject of such employment tests shall be entitled to review and inspect all documents relative to his performance on such employment tests.
When, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, such test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.
10. Applications for admission to examinations or for licensure and scoring records maintained by the Department of Health Professions or any board in that department on individual licensees or applicants. However, such material may be made available during normal working hours for copying, at the requester's expense, by the individual who is the subject thereof, in the offices of the Department of Health Professions or in the offices of any health regulatory board, whichever may possess the material.
11. Records of active investigations being conducted by the Department of Health Professions or by any health regulatory board in the Commonwealth.
12. Memoranda, legal opinions, working papers and records recorded in or compiled exclusively for executive or closed meetings lawfully held pursuant to § 2.1-344.
13. Reports, documentary evidence and other information as specified in §§ 2.1-373.2 and 63.1-55.4.
14. Proprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 or § 62.1-134.1.
15. Contract cost estimates prepared for the confidential use of the Department of Transportation in awarding contracts for construction or the purchase of goods or services and records, documents and automated systems prepared for the Department's Bid Analysis and Monitoring Program.
16. Vendor proprietary information software which may be in the official records of a public body. For the purpose of this section, "vendor proprietary software" means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of this Commonwealth.
17. Data, records or information of a proprietary nature produced or collected by or for faculty or staff of state institutions of higher learning, other than the institutions' financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or a private concern, where such data, records or information has not been publicly released, published, copyrighted or patented.
18. Financial statements not publicly available filed with applications for industrial development financings.
19. Lists of registered owners of bonds issued by a political subdivision of the Commonwealth, whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by the political subdivision.
20. Confidential proprietary records, voluntarily provided by private business pursuant to a promise of confidentiality from the Department of Economic Development or local industrial or economic development authorities or organizations, used by the Department and such entities for business, trade and tourism development.
21. Information which was filed as confidential under the Toxic Substances Information Act (§ 32.1-239 et seq.), as such Act existed prior to July 1, 1992.
22. Documents as specified in § 58.1-3.
23. Confidential records, including victim identity, provided to or obtained by staff in a rape crisis center or a program for battered spouses.
24. Computer software developed by or for a state agency, state-supported institution of higher education or political subdivision of the Commonwealth.
25. Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Personnel and Training; however, nothing in this section shall prohibit the disclosure of information taken from inactive reports in a form which does not reveal the identity of charging parties, persons supplying the information or other individuals involved in the investigation.
26. Fisheries data which would permit identification of any person or vessel, except when required by court order as specified in § 28.2-204.
27. Records of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1.
28. Documents and writings furnished by a member of the General Assembly to a meeting of a standing committee, special committee or subcommittee of his house established solely for the purpose of reviewing members' annual disclosure statements and supporting materials filed under § 2.1-639.40 or of formulating advisory opinions to members on standards of conduct, or both.
29. Customer account information of a public utility affiliated with a political subdivision of the Commonwealth, including the customer's name and service address, but excluding the amount of utility service provided and the amount of money paid for such utility service.
30. Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§ 2.1-714 et seq.); however, nothing in this section shall prohibit the distribution of information taken from inactive reports in a form which does not reveal the identity of the parties involved or other persons supplying information.
31. Investigative notes; proprietary information not published, copyrighted or patented; information obtained from employee personnel records; personally identifiable information regarding residents, clients or other recipients of services; and other correspondence and information furnished in confidence to the Department of Social Services in connection with an active investigation of an applicant or licensee pursuant to Chapters 9 (§ 63.1-172 et seq.) and 10 (§ 63.1-195 et seq.) of Title 63.1; however, nothing in this section shall prohibit disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information, or other individuals involved in the investigation.
32. Reports, manuals, specifications, documents, minutes or recordings of staff meetings or other information or materials of the Virginia Board of Corrections, the Virginia Department of Corrections or any institution thereof to the extent, as determined by the Director of the Department of Corrections or his designee or of the Virginia Board of Youth and Family Services, the Virginia Department of Youth and Family Services or any facility thereof to the extent as determined by the Director of the Department of Youth and Family Services, or his designee, that disclosure or public dissemination of such materials would jeopardize the security of any correctional or juvenile facility or institution, as follows:
(i) Security manuals, including emergency plans that are a part thereof;
(ii) Engineering and architectural drawings of correctional and juvenile facilities, and operational specifications of security systems utilized by the Departments, provided the general descriptions of such security systems, cost and quality shall be made available to the public;
(iii) Training manuals designed for correctional and juvenile facilities to the extent that they address procedures for institutional security, emergency plans and security equipment;
(iv) Internal security audits of correctional and juvenile facilities, but only to the extent that they specifically disclose matters described in (i), (ii), or (iii) above or other specific operational details the disclosure of which would jeopardize the security of a correctional or juvenile facility or institution;
(v) Minutes or recordings of divisional, regional and institutional staff meetings or portions thereof to the extent that such minutes deal with security issues listed in (i), (ii), (iii), and (iv) of this subdivision;
(vi) Investigative case files by investigators authorized pursuant to § 53.1-16; however, nothing in this section shall prohibit the disclosure of information taken from inactive reports in a form which does not reveal the identity of complainants or charging parties, persons supplying information, confidential sources, or other individuals involved in the investigation, or other specific operational details the disclosure of which would jeopardize the security of a correctional or juvenile facility or institution; nothing herein shall permit the disclosure of materials otherwise exempt as set forth in subdivision 1 of subsection B of this section;
(vii) Logs or other documents containing information on movement of inmates, juvenile clients or employees; and
(viii) Documents disclosing contacts between inmates, juvenile clients and law-enforcement personnel.
Notwithstanding the provisions of this subdivision, reports and information regarding the general operations of the Departments, including notice that an escape has occurred, shall be open to inspection and copying as provided in this section.
33. Personal information, as defined in § 2.1-379, (i) filed with the Virginia Housing Development Authority concerning individuals who have applied for or received loans or other housing assistance or who have applied for occupancy of or have occupied housing financed, owned or otherwise assisted by the Virginia Housing Development Authority, (ii) concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs, or (iii) filed with any local redevelopment and housing authority created pursuant to § 36-4 concerning persons participating in or persons on the waiting list for housing assistance programs funded by local governments or by any such authority. However, access to one's own information shall not be denied.
34. Documents regarding the siting of hazardous waste facilities, except as provided in § 10.1-1441, if disclosure of them would have a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, conditions and provisions of the siting agreement.
35. Appraisals and cost estimates of real property subject to a proposed purchase, sale or lease, prior to the completion of such purchase, sale or lease.
36. Records containing information on the site specific location of rare, threatened, endangered or otherwise imperiled plant and animal species, natural communities, caves, and significant historic and archaeological sites if, in the opinion of the public body which has the responsibility for such information, disclosure of the information would jeopardize the continued existence or the integrity of the resource. This exemption shall not apply to requests from the owner of the land upon which the resource is located.
37. Official records, memoranda, working papers, graphics, video or audio tapes, production models, data and information of a proprietary nature produced by or for or collected by or for the State Lottery Department relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such official records have not been publicly released, published, copyrighted or patented. Whether released, published or copyrighted, all game-related information shall be subject to public disclosure under this chapter upon the first day of sales for the specific lottery game to which it pertains.
38. Official records of studies and investigations by the State Lottery Department of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations which cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) use of the lottery as a subterfuge for organized crime and illegal gambling where such official records have not been publicly released, published or copyrighted. All studies and investigations referred to under subdivisions (iii), (iv) and (v) shall be subject to public disclosure under this chapter upon completion of the study or investigation.
39. Those portions of engineering and construction drawings and plans submitted for the sole purpose of complying with the building code in obtaining a building permit which would identify specific trade secrets or other information the disclosure of which would be harmful to the competitive position of the owner or lessee; however, such information shall be exempt only until the building is completed. Information relating to the safety or environmental soundness of any building shall not be exempt from disclosure.
40. [Repealed.]
41. Records concerning reserves established in specific claims administered by the Department of General Services through its Division of Risk Management as provided in Article 5.1 (§ 2.1-526.1 et seq.) of Chapter 32 of this title, or by any county, city, or town.
42. Information and records collected for the designation and verification of trauma centers and other specialty care centers within the Statewide Emergency Medical Care System pursuant to § 32.1-112.
43. Reports and court documents required to be kept confidential pursuant to § 37.1-67.3.
44. [Repealed.]
45. Investigative notes; correspondence and information furnished in confidence with respect to an investigation; and official records otherwise exempted by this chapter or any Virginia statute, provided to or produced by or for the Auditor of Public Accounts and the Joint Legislative Audit and Review Commission; or investigative notes, correspondence, documentation and information furnished and provided to or produced by or for the Department of the State Internal Auditor with respect to an investigation initiated through the State Employee Fraud, Waste and Abuse Hotline; however, nothing in this chapter shall prohibit disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information or other individuals involved in the investigation.
46. Data formerly required to be submitted to the Commissioner of Health relating to the establishment of new or expansion of existing clinical health services, acquisition of major medical equipment, or certain projects requiring capital expenditures pursuant to former § 32.1-102.3:4.
47. Documentation or other information which describes the design, function, operation or access control features of any security system, whether manual or automated, which is used to control access to or use of any automated data processing or telecommunications system.
48. Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Interstate Commerce Commission or the Federal Rail Administration with respect to data provided in confidence to the Interstate Commerce Commission and the Federal Railroad Administration.
49. In the case of corporations organized by the Virginia Retirement System, RF&P Corporation and its wholly owned subsidiaries, (i) proprietary information provided by, and financial information concerning, coventurers, partners, lessors, lessees, or investors, and (ii) records concerning the condition, acquisition, disposition, use, leasing, development, coventuring, or management of real estate the disclosure of which would have a substantial adverse impact on the value of such real estate or result in a competitive disadvantage to the corporation or subsidiary.
50. Confidential proprietary records related to inventory and sales, voluntarily provided by private energy suppliers to the Department of Mines, Minerals and Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies.
51. Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.
52. Patient level data collected by the Virginia Health Services Cost Review Council and not yet processed, verified, and released, pursuant to § 9-166.7, to the Council by the nonprofit organization with which the Executive Director has contracted pursuant to § 9-166.4.
53. Proprietary, commercial or financial information, balance sheets, trade secrets, and revenue and cost projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail and Public Transportation for the purpose of conducting transportation studies needed to obtain grants or other financial assistance under the Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240) for transportation projects, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Interstate Commerce Commission or the Federal Rail Administration with respect to data provided in confidence to the Interstate Commerce Commission and the Federal Railroad Administration. However, the exemption provided by this subdivision shall not apply to any wholly owned subsidiary of a public body.
54. Names and addresses of subscribers to Virginia Wildlife magazine, published by the Department of Game and Inland Fisheries, provided the individual subscriber has requested in writing that the Department not release such information.
55. Reports, documents, memoranda or other information or materials which describe any aspect of security used by the Virginia Museum of Fine Arts to the extent that disclosure or public dissemination of such materials would jeopardize the security of the Museum or any warehouse controlled by the Museum, as follows:
a. Operational, procedural or tactical planning documents, including any training manuals to the extent they discuss security measures;
b. Surveillance techniques;
c. Installation, operation, or utilization of any alarm technology;
d. Engineering and architectural drawings of the Museum or any warehouse;
e. Transportation of the Museum's collections, including routes and schedules; or
f. Operation of the Museum or any warehouse used by the Museum involving the:
(1) Number of employees, including security guards, present at any time; or
(2) Busiest hours, with the maximum number of visitors in the Museum.
56. Reports, documents, memoranda or other information or materials which describe any aspect of security used by the Virginia Department of Alcoholic Beverage Control to the extent that disclosure or public dissemination of such materials would jeopardize the security of any government store as defined in Title 4.1, or warehouse controlled by the Department of Alcoholic Beverage Control, as follows:
(i) Operational, procedural or tactical planning documents, including any training manuals to the extent they discuss security measures;
(ii) Surveillance techniques;
(iii) The installation, operation, or utilization of any alarm technology;
(iv) Engineering and architectural drawings of such government stores or warehouses;
(v) The transportation of merchandise, including routes and schedules; and
(vi) The operation of any government store or the central warehouse used by the Department of Alcoholic Beverage Control involving the:
a. Number of employees present during each shift;
b. Busiest hours, with the maximum number of customers in such government store; and
c. Banking system used, including time and place of deposits.
57. Information required to be provided pursuant to § 54.1-2506.1.
58. (Effective July 1, 1995) Confidential information designated as provided in subsection D of § 11-52 as trade secrets or proprietary information by any person who has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of § 11-46.
59. Reports, documents, memoranda or other information or materials provided to or held by the Virginia Riverboat Gaming Commission which describe any aspect of security used by a licensee of the Commission, to the extent that disclosure or public dissemination of such materials would jeopardize the security of any riverboat or appurtenant facility operated by such licensee, including, without limitation:
a. Operational, procedural or tactical planning documents, including any training manuals to the extent they discuss security measures;
b. Surveillance techniques;
c. Information about the installation, operation or utilization of any alarm, monitoring, or surveillance technology;
d. Engineering and architectural drawings of any riverboat or appurtenant facility; or
e. Operation of a riverboat or appurtenant facility involving:
(1) Handling and security of moneys, chips, tokens and similar indicia of value; or
(2) Measures designed or taken to detect or prevent any act which would constitute a crime pursuant to Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1.
C. Neither any provision of this chapter nor any provision of Chapter 26 (§ 2.1-377 et seq.) of this title shall be construed as denying public access to contracts between a public official and a public body, other than contracts settling public employee employment disputes held confidential as personnel records under subdivision 3 of subsection B of this section, or to records of the position, job classification, official salary or rate of pay of, and to records of the allowances or reimbursements for expenses paid to, any public officer, official or employee at any level of state, local or regional government in this Commonwealth or to the compensation or benefits paid by any corporation organized by the Virginia Retirement System, RF&P Corporation and its wholly owned subsidiaries, to their officers or employees. The provisions of this subsection, however, shall not apply to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.
§ 4.1-128. Local ordinances or resolutions regulating alcoholic beverages.
A. No county, city, or town shall, except as provided in § 4.1-205 or § 4.1-129, adopt any ordinance or resolution which regulates or prohibits the manufacture, bottling, possession, sale, distribution, handling, transportation, drinking, use, advertising or dispensing of alcoholic beverages in the Commonwealth.
B. However, the governing body of any county, city, or town may adopt an ordinance which (i) prohibits the acts described in subsection A of § 4.1-308 subject to the provisions of subsection B of § 4.1-308, or the acts described in § 4.1-309 and may provide a penalty for violation thereof and (ii) subject to subsection C of § 4.1-308, regulates or prohibits the possession of opened alcoholic beverage containers in its local public parks, playgrounds, and public streets.
C. Except as provided in this section, all local acts, including charter provisions and ordinances of cities and towns, inconsistent with any of the provisions of this title, are repealed to the extent of such inconsistency.
D. No county, city or town which has approved riverboat gaming shall
adopt any ordinance or resolution regulating or prohibiting drinking or the
use or dispensing of alcoholic beverages on a riverboat as defined in Chapter
29.1 (§ 59.1-405.1 et seq.) of Title 59.1.
§ 4.1-209. Wine and beer licenses.
The Board may grant the following licenses relating to wine and beer:
1. Retail on-premises wine and beer licenses to:
a. Hotels, restaurants and clubs, which shall authorize the licensee to sell wine and beer, either with or without meals, only in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas. However, with regard to a hotel classified by the Board as a resort complex, the Board may authorize the sale and consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board;
b. Persons operating dining cars, buffet cars, and club cars of trains, which shall authorize the licensee to sell wine and beer, either with or without meals, in the dining cars, buffet cars, and club cars so operated by them, for on-premises consumption when carrying passengers;
c. Persons operating boats for which (i) certificates as a sight-seeing carrier by boat, or a special or charter party by boat have been issued by the State Corporation Commission pursuant to § 56-457.8 or (ii) licenses to engage in riverboat gaming have been issued by the Virginia Riverboat Gaming Commission pursuant to Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1, which shall authorize the licensee to sell wine and beer, either with or without meals, on such boats operated by them for on-premises consumption when carrying passengers;
d. Persons operating as air carriers of passengers on regular schedules in foreign, interstate or intrastate commerce, which shall authorize the licensee to sell wine and beer for consumption by passengers in such airplanes anywhere in or over the Commonwealth while in transit and in designated rooms of establishments of such carriers at airports in the Commonwealth, § 4.1-129 notwithstanding;
e. Hospitals, which shall authorize the licensee to sell wine and beer in the rooms of patients for their on-premises consumption only in such rooms, provided the consent of the patient's attending physician is first obtained;
f. Persons operating food concessions at coliseums, stadia, or similar facilities, which shall authorize the licensee to sell wine and beer in paper, plastic or similar disposable containers, during the performance of professional sporting exhibitions, events or performances immediately subsequent thereto, to patrons within all seating areas, concourses, walkways, concession areas and additional locations designated by the Board in such coliseums, stadia or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license; and
g. Persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility which has seating for more than 20,000 persons and is located in any county with a population between 210,000 and 216,000. Such license shall authorize the licensee to sell wine and beer during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license.
2. Retail off-premises wine and beer licenses, which shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption and to deliver or ship the same to purchasers in accordance with Board regulations.
3. Gourmet shop licenses, which shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption and, the provisions of § 4.1-308 notwithstanding, to give to any person to whom wine or beer may be lawfully sold, (i) a sample of wine, not to exceed one ounce by volume or (ii) a sample of beer not to exceed two ounces by volume, for on-premises consumption.
4. Convenience grocery store licenses, which shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption.
5. Retail on-and-off premises wine and beer licenses to persons enumerated in subdivision 1 a, which shall accord all the privileges conferred by retail on-premises wine and beer licenses and in addition, shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption and to deliver or ship the same to the purchasers, in accordance with Board regulations.
6. Banquet licenses to persons in charge of banquets, and to duly organized nonprofit corporations or associations in charge of special events, which shall authorize the licensee to sell or give wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas. A separate license shall be required for each day of each banquet or special event. However, no such license shall be required of any hotel, restaurant, or club holding a retail wine and beer license.
7. Gift shop licenses, which shall authorize the licensee to sell wine and beer unchilled, only within the interior premises of the gift shop in closed containers for off-premises consumption and to deliver or ship the wine and beer to purchasers in accordance with Board regulations.
§ 4.1-210. Mixed beverages licenses.
A. Subject to the provisions of § 4.1-124, the Board may grant the following licenses relating to mixed beverages:
1. Mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for consumption in dining areas and other designated areas on the premises of such restaurant. Such license may be granted only to persons (i) who operate a restaurant and (ii) whose gross receipts from the sale of food cooked or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least forty-five percent of the gross receipts from the sale of mixed beverages and food.
If the restaurant is located on the premises of a hotel or motel with not less than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms and other private rooms of such hotel or motel, such licensee may (i) sell and serve mixed beverages for consumption in such designated areas, bedrooms and other private rooms and (ii) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms. However, with regard to a hotel classified as a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.
If the restaurant is located on the premises of and operated by a private, nonprofit or profit club exclusively for its members and their guests, or members of another private, nonprofit or profit club in another city with which it has an agreement for reciprocal dining privileges, such license shall also authorize the licensees to sell and serve mixed beverages for on-premises consumption. Where such club prepares no food in its restaurant but purchases its food requirements from a restaurant licensed by the Board and located on another portion of the premises of the same hotel or motel building, this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects. The club's gross receipts from the sale of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least forty-five percent of its gross receipts from the sale of mixed beverages and food. The food sales made by a restaurant to such a club shall be excluded in any consideration of the qualifications of such restaurant for a license from the Board.
2. Mixed beverage caterer's licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption. The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least forty-five percent of the gross receipts from the sale of mixed beverages and food.
3. Mixed beverage special events licenses, to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. A separate license shall be required for each day of each special event.
4. Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or association operating a performing arts facility or (ii) a nonprofit corporation or association chartered by Congress for the preservation of sites, buildings and objects significant in American history and culture. The operation in either case shall be upon premises owned by such licensee or occupied under a bona fide lease the original term of which was for more than one year's duration. Such license shall authorize the sale, on the dates of performances or events in furtherance of the purposes of the nonprofit corporation or association, of alcoholic beverages, for on-premises consumption in areas upon the licensed premises approved by the Board.
5. Mixed beverage carrier licenses to persons operating a common carrier of
passengers by train, boat or , airplane, or
riverboat licensed pursuant to Chapter 29.1 (§ 59.1-405.1 et seq.) of Title
59.1, which shall authorize the licensee to sell and serve mixed
beverages anywhere in the Commonwealth to passengers while in transit aboard
any such common carrier, and in designated rooms of establishments of air
carriers at airports in the Commonwealth.
B. The granting of any license under subdivisions 1 and 5 shall automatically include a license to sell and serve wine and beer for on-premises consumption. The licensee shall pay the state and local taxes required by §§ 4.1-231 and 4.1-233.
§ 4.1-231. Taxes on state licenses.
A. The annual taxes on state licenses shall be as follows:
1. Alcoholic beverage licenses. - For each:
a. Distiller's license, if not more than 5,000 gallons of alcohol or spirits, or both, manufactured during the year in which the license is granted, $350; and if more than 5,000 gallons manufactured during such year, $2,860;
b. Fruit distiller's license, $2,860;
c. Banquet facility license, $145; and
d. Bed and breakfast establishment license, $25.
2. Wine licenses. - For each:
a. Winery license, if not more than 5,000 gallons of wine manufactured during the year in which the license is granted, $350, and if more than 5,000 gallons manufactured during such year, $2,860;
b. Wholesale wine license, $715 for any wholesaler who sells 150,000 gallons of wine or less per year, $1,100 for any wholesaler who sells more than 150,000 but not more than 300,000 gallons of wine per year, and $1,430 for any wholesaler who sells more than 300,000 gallons of wine per year;
c. Wine importer's license, $285;
d. Retail off-premises winery license, $110; and
e. Farm winery license, $145.
3. Beer licenses. - For each:
a. Brewery license, if not more than 10,000 barrels of beer manufactured during the year in which the license is granted, $1,650, and if more than 10,000 barrels manufactured during such year, $3,300;
b. Bottler's license, $1,100;
c. Wholesale beer license, $715 for any wholesaler who sells 300,000 cases of beer a year or less, and $1,100 for any wholesaler who sells more than 300,000 but not more than 600,000 cases of beer a year, and $1,430 for any wholesaler who sells more than 600,000 cases of beer a year;
d. Beer importer's license, $285;
e. Retail on-premises beer license to a hotel, restaurant, club or other person, except a common carrier of passengers by train or boat, $110; for each such license to a common carrier of passengers by train or boat, $110 per annum for each of the average number of boats, dining cars, buffet cars or club cars operated daily in the Commonwealth;
f. Retail off-premises beer license, $90; and
g. Retail on-and-off premises beer license to a hotel, restaurant, club or grocery store located in a town or in a rural area outside the corporate limits of any city or town, $230.
4. Wine and beer licenses. - For each:
a. Retail on-premises wine and beer license to a hotel, restaurant, club or
other person, except a common carrier of passengers by train, boat
or, airplane, or riverboat licensed pursuant to
Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1, $230; for each such
license to a common carrier of passengers by train or boat, $230 per annum
for each of the average number of boats, dining cars, buffet cars or club
cars operated daily in the Commonwealth, and; for each
such license granted to a common carrier of passengers by airplane,
$575; and for each such license granted to a riverboat licensed pursuant
to Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1, $500.
b. Retail on-premises wine and beer license to a hospital, $110;
c. Retail off-premises wine and beer license, including each gift shop, gourmet shop and convenience grocery store license, $175;
d. Retail on-and-off premises wine and beer license to a hotel, restaurant or club, $460; and
e. Banquet license, $30 per license granted by the Board.
5. Mixed beverage licenses. - For each:
a. Mixed beverage restaurant licenses granted to persons operating restaurants, including restaurants located on premises of and operated by hotels or motels, or other persons:
(i) With a seating capacity at tables of not more than 100 persons, $430;
(ii) With a seating capacity at tables of more than 100 but not more than 150 persons, $750; and
(iii) With a seating capacity at tables of more than 150 persons, $1,100.
b. Mixed beverage restaurant licenses for restaurants located on the premises of and operated by private, nonprofit clubs:
(i) With an average yearly membership of not more than 200 resident members, $575;
(ii) With an average yearly membership of more than 200 but not more than 500 resident members, $1,430; and
(iii) With an average yearly membership of more than 500 resident members, $2,125.
c. Mixed beverage caterer's licenses, $1,430.
d. Mixed beverage special events licenses, $35 for each day of each event.
e. Annual mixed beverage special events licenses, $430.
f. Mixed beverage carrier licenses:
(i) $145 for each of the average number of dining cars, buffet cars or club cars operated daily in the Commonwealth by a common carrier of passengers by train;
(ii) $430 for each common carrier of passengers by boat; and
(iii) $1,135 for each license granted to a common carrier of passengers by airplane; and
(iv) $500 for each license granted to a riverboat licensed pursuant to Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1.
6. Temporary licenses. - For each temporary license authorized by § 4.1-211, one-half of the tax imposed by this section on the license for which the applicant applied.
B. The tax on each such license, except banquet and mixed beverage special events licenses, shall be subject to proration to the following extent: If the license is granted in the second quarter of any year, the tax shall be decreased by one-fourth; if granted in the third quarter of any year, the tax shall be decreased by one-half; and if granted in the fourth quarter of any year, the tax shall be decreased by three-fourths.
If the license on which the tax is prorated is a distiller's license to manufacture not more than 5,000 gallons of alcohol or spirits, or both, during the year in which the license is granted, or a winery license to manufacture not more than 5,000 gallons of wine during the year in which the license is granted, the number of gallons permitted to be manufactured shall be prorated in the same manner.
Should the holder of a distiller's license or a winery license to manufacture not more than 5,000 gallons of alcohol or spirits, or both, or wine, apply during the license year for an unlimited distiller's or winery license, such person shall pay for such unlimited license a license tax equal to the amount that would have been charged had such license been applied for at the time that the license to manufacture less than 5,000 gallons of alcohol or spirits, or wine, or both, as the case may be, was granted, and such person shall be entitled to a refund of the amount of license tax previously paid on the limited license.
Notwithstanding the foregoing, the tax on each license granted or reissued for a period of less than twelve months shall be equal to one-twelfth of the taxes required by subsection A computed to the nearest cent, multiplied by the number of months in the license period.
C. Nothing in this chapter shall exempt any licensee from any state merchants' license or state restaurant license or any other state tax. Every licensee, in addition to the taxes imposed by this chapter, shall be liable to state merchants' license taxation and state restaurant license taxation and other state taxation the same as if the alcoholic beverages were nonalcoholic. In ascertaining the liability of a beer wholesaler to merchants' license taxation, however, and in computing the wholesale merchants' license tax on a beer wholesaler, the first $163,800 of beer purchases shall be disregarded; and in ascertaining the liability of a wholesale wine distributor to merchants' license taxation, and in computing the wholesale merchants' license tax on a wholesale wine distributor, the first $163,800 of wine purchases shall be disregarded.
§ 4.1-233. Taxes on local licenses.
A. In addition to the state license taxes, the annual local license taxes which may be collected shall not exceed the following sums:
1. Alcoholic beverages. - For each:
a. Distiller's license, $1,000; no local license shall be required for any person who manufactures not more than 5,000 gallons of alcohol or spirits, or both, during such license year;
b. Fruit distiller's license, $1,500; and
c. Bed and breakfast establishment license, $40.
2. Beer. - For each:
a. Brewery license, $1,000;
b. Bottler's license, $500;
c. Wholesale beer license, in a city, $250, and in a county or town, $75; and
d. Retail on-premises beer license for a hotel, restaurant or club and for each retail off-premises beer license in a city, $100, and in a county or town, $25.
3. Wine. - For each:
a. Winery license, $1,000; and
b. Wholesale wine license, $50.
4. Wine and beer. - For each:
a. Retail on-premises wine and beer license for a hotel, restaurant or club; and for each retail off-premises wine and beer license, including each gift shop, gourmet shop and convenience grocery store license, in a city, $150, and in a county or town, $37.50;
b. Hospital license, $10; and
c. Banquet license, $5 for each license granted.
5. Mixed beverages. - For each:
a. Mixed beverage restaurant license, including restaurants located on the premises of and operated by hotels or motels, or other persons:
(i) With a seating capacity at tables of not more than 100 persons, $200;
(ii) With a seating capacity at tables of more than 100 but not more than 150 persons, $350; and
(iii) With a seating capacity at tables for more than 150 persons, $500.
b. Private, nonprofit club operating a restaurant located on the premises of such club, $350;
c. Mixed beverage caterer's license, $500; and
d. Mixed beverage special events licenses, $10 for each day of each event.
B. Common carriers. - No local license tax shall be either charged or
collected for the privilege of selling alcoholic beverages in (i) passenger
trains, boats or , airplanes, or riverboats
licensed pursuant to Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1,
and (ii) rooms designated by the Board of establishments of air carriers of
passengers at airports in the Commonwealth for on-premises consumption only.
C. Merchants' and restaurants' license taxes. - The governing body of each county, city or town in the Commonwealth, in imposing local wholesale merchants' license taxes measured by purchases, local retail merchants' license taxes measured by sales, and local restaurant license taxes measured by sales, may include alcoholic beverages in the base for measuring such local license taxes the same as if the alcoholic beverages were nonalcoholic. No local alcoholic beverage license authorized by this chapter shall exempt any licensee from any local merchants' or local restaurant license tax, but such local merchants' and local restaurant license taxes may be in addition to the local alcoholic beverage license taxes authorized by this chapter.
The governing body of any county, city or town, in adopting an ordinance under this section, shall provide that in ascertaining the liability of (i) a beer wholesaler to local merchants' license taxation under the ordinance, and in computing the local wholesale merchants' license tax on such beer wholesaler, purchases of beer up to a stated amount shall be disregarded, which stated amount shall be the amount of beer purchases which would be necessary to produce a local wholesale merchants' license tax equal to the local wholesale beer license tax paid by such wholesaler and (ii) a wholesale wine licensee to local merchants' license taxation under the ordinance, and in computing the local wholesale merchants' license tax on such wholesale wine licensee, purchases of wine up to a stated amount shall be disregarded, which stated amount shall be the amount of wine purchases which would be necessary to produce a local wholesale merchants' license tax equal to the local wholesale wine licensee license tax paid by such wholesale wine licensee.
D. Delivery. - No county, city or town shall impose any local alcoholic beverages license tax on any wholesaler for the privilege of delivering alcoholic beverages in the county, city or town when such wholesaler maintains no place of business in such county, city or town.
E. Application of county tax within town. - Any county license tax imposed under this section shall not apply within the limits of any town located in such county, where such town now, or hereafter, imposes a town license tax on the same privilege.
§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty.
A. In addition to § 4.1-324, no mixed beverage licensee nor any agent or employee of such licensee shall:
1. Sell or serve any alcoholic beverage other than as authorized by law;
2. Sell any authorized alcoholic beverage to any person or at any place except as authorized by law;
3. Allow at the place described in his license the consumption of alcoholic beverages in violation of this title;
4. Keep at the place described in his license any alcoholic beverage other than that which he is licensed to sell;
5. Misrepresent the brand of any alcoholic beverage sold or offered for sale;
6. Keep any alcoholic beverage other than in the bottle or container in which it was purchased by him except in a frozen drink dispenser of a type approved by the Board and in the case of wine, in containers of a type approved by the Board pending automatic dispensing and sale of such wine;
7. Refill or partly refill any bottle or container of alcoholic beverage or dilute or otherwise tamper with the contents of any bottle or container of alcoholic beverage;
8. Sell or serve any brand of alcoholic beverage which is not the same as that ordered by the purchaser without first advising such purchaser of the difference;
9. Remove or obliterate any label, mark or stamp affixed to any container of alcoholic beverages offered for sale;
10. Deliver or sell the contents of any container if the label, mark or stamp has been removed or obliterated;
11. Allow any immoral, lewd, obscene, indecent or profane conduct, language, literature, pictures, performance or materials on the licensed premises;
12. Allow any striptease act, or the like on the licensed premises;
13. Allow persons connected with the licensed business to appear nude or partially nude;
14. Consume or allow the consumption by an employee of any alcoholic beverages while on duty;
15. Deliver to a consumer an original bottle of an alcoholic beverage purchased under such license whether the closure is broken or unbroken except in accordance with § 4.1-210;
16. Be intoxicated while on duty or employ an intoxicated person on the licensed premises;
17. Conceal any sale or consumption of any alcoholic beverages;
18. Fail or refuse to make samples of any alcoholic beverages available to the Board upon request or obstruct special agents of the Board in the discharge of their duties;
19. Store alcoholic beverages purchased under the license in any unauthorized place or remove any such alcoholic beverages from the premises;
20. Allow any person to receive a percentage of the income of the licensed business or have any beneficial interest in such business, except in accordance with Board regulations;
21. Knowingly employ in the licensed business any person who has the general reputation as a prostitute, panderer, habitual law violator, person of ill repute, user or peddler of narcotics, or person who drinks to excess or engages in illegal gambling; or
22. Keep on the licensed premises a prohibited slot machine or any prohibited gambling or gaming device, machine or apparatus.
B. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.
§ 9-6.25:3. Supervisory boards.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following supervisory boards:
Alcoholic Beverage Control Board
Board for Branch Pilots
Board of Commissioners, Virginia Port Authority
Board of Game and Inland Fisheries
Board of Regents, Gunston Hall Plantation
Board of Regents, James Monroe Memorial Law Office and Library
Board of Trustees, Chippokes Plantation Farm Foundation
Board of Trustees, Frontier Culture Museum of Virginia
Board of Trustees, Jamestown-Yorktown Foundation
Board of Trustees, the Science Museum of Virginia
Board of Trustees, Virginia Museum of Fine Arts
Board of Trustees, Virginia Retirement System
Board of Trustees, Virginia Veterans Care Center
Board of Trustees, Virginia War Memorial Foundation
(Effective July 1, 1996) Board of the Virginia Higher Education Tuition Trust Fund
Board of Visitors, Christopher Newport University
Board of Visitors, George Mason University
Board of Visitors, James Madison University
Board of Visitors, Longwood College
Board of Visitors, Mary Washington College
Board of Visitors, Norfolk State University
Board of Visitors, Old Dominion University
Board of Visitors, Radford University
Board of Visitors, The College of William and Mary in Virginia
Board of Visitors, University of Virginia
Board of Visitors, Virginia Commonwealth University
Board of Visitors, Virginia Military Institute
Board of Visitors, Virginia Polytechnic Institute and State University
Board of Visitors, Virginia State University
Commonwealth's Attorneys' Services Council
Compensation Board
Governing Board, Virginia College Building Authority
Governing Board, Virginia Public School Authority
State Board for Community Colleges, Virginia Community College System
State Board of Education
State Certified Seed Board
State Council of Higher Education for Virginia
Virginia Agricultural Council
Virginia Bright Flue-Cured Tobacco Board
Virginia Board for People with Disabilities
Virginia Cattle Industry Board
Virginia Corn Board
Virginia Dark-Fired Tobacco Board
Virginia Egg Board
Virginia Horse Industry Board
Virginia Marine Products Board
Virginia Peanut Board
Virginia Pork Industry Board
Virginia Riverboat Gaming Commission
Virginia Soybean Board
Virginia State Apple Board
Virginia Sweet Potato Board.
§ 11-16.1. Exemption from chapter; riverboat gaming.
This chapter shall not apply to any bet, wager, or gaming permitted in accordance with Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1 or to any contracts, conduct, or transactions arising from conduct lawful thereunder.
§ 18.2-334.5. Exemptions from article; riverboat gaming.
Nothing in this article shall be construed to make it illegal to participate in any riverboat gaming activity conducted in accordance with Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1.
§ 58.1-3732.1:1. Limitation on gross receipts; riverboat gaming.
Gross receipts for license tax purposes under Chapter 37 (§ 58.1-3700 et seq.) of this title shall not include the wagering and admission taxes established under §§ 59.1-405.30 and 59.1-405.31, respectively, and shall include only those receipts included in the definition of adjusted gross receipts as defined in § 59.1-405.1.
§ 59.1-405.1. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Adjusted gross receipts" means the gross receipts from riverboat gaming less winnings paid to wagerers.
"Cheat" means to alter the selection criteria which determine the result of a game or the amount or frequency of payment in a game.
"Commission" means the Virginia Riverboat Gaming Commission created pursuant to § 59.1-405.3 of this chapter.
“Designated navigable waters” means (i) those portions of the Appomattox River, Elizabeth River, James River, Occoquan Creek, Rappahannock River, and York River, together with their respective tidal bays, inlets, and primary tributaries, extending from the Commonwealth's territorial sea to the fall line and (ii) the territorial sea and its tidal bays, inlets, and primary tributaries, including the Chesapeake Bay and Hampton Roads.
"Dock" means the location on designated navigable waters where a riverboat moors for the purpose of embarking passengers for, and disembarking passengers from, a gaming excursion.
“Excursion vessel” means a sightseeing vessel operating on designated navigable waters under a certificate of public convenience and necessity issued under Chapter 14.1 (§ 56-457.1 et seq.) of Title 56.
"Gaming excursion" means the time during which gaming may be operated on a riverboat.
"Gaming” or “game" includes, but is not limited to, baccarat, blackjack, twenty-one, poker, craps, dice, slot machine, video game of chance, roulette wheel, klondike table, punchboard, faro layout, keno layout, numbers ticket, push card, jar ticket, or pull tab, or any other activity which is authorized by the Commission as a wagering game or device under this chapter.
"Gaming operation" means the conduct of authorized gaming upon a riverboat.
“Gaming station” means a wagering device or a position at a wagering game or gaming table.
"Gross receipts" means the total amount of money wagered, or exchanged for the purchase of chips, tokens, or electronic cards for wagering, by riverboat patrons while aboard a riverboat.
"Licensee" or "license holder" means any person holding an operator's or supplier's license under §§ 59.1-405.15 and 59.1-405.20 of this chapter.
"Permit holder" means any person holding a permit to participate in riverboat gaming operations which the Commission has identified as requiring a permit.
"Person" means a natural person, partnership, joint venture, association, limited liability company, stock corporation, or nonstock corporation, and includes any person which directly or indirectly controls or is under common control with another person.
"Principal" means any person who individually or in concert with his spouse and immediate family members, (i) owns or controls, directly or indirectly, five percent or more of the pecuniary interest in any entity which is a licensee or (ii) has the power to vote or cause the vote of five percent or more of the voting securities or other ownership interests of such entity.
“Immediate family” means a spouse, son, daughter, father, mother, brother, sister, grandparent, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepson, stepdaughter, stepparent or stepgrandparent.
"Riverboat" means a self-propelled vessel on which lawful gaming is authorized and licensed as provided in this chapter.
“Security” shall have the meaning prescribed by § 13.1-501. If the Commission finds that the holder of such obligation or stock derives therefrom such control of or voice in the operation of the applicant or licensee corporation then he should be considered a stockholder.
“Supplier” means any person who sells or leases, or contracts to sell or lease, any gaming equipment, devices or supplies, or provides any management services to the holder of an operator's license.
“Territorial sea” means the waters of the Atlantic Ocean within the belt, three nautical miles wide, that is adjacent to Virginia's coast and seaward of the mean low-water mark.
§ 59.1-405.2. Control of riverboat gaming.
A. Riverboat gaming as licensed in accordance with this chapter shall be permitted on designated navigable waters of the Commonwealth to benefit the people of the Commonwealth by assisting economic development and promoting tourism in Virginia. The Virginia Riverboat Gaming Commission is vested with control of riverboat gaming in the Commonwealth, with plenary power to prescribe regulations and conditions under which such gaming operations shall be conducted so as to maintain riverboat gaming in the Commonwealth of the highest quality and free of any corruption or incompetent, dishonest or unprincipled practices and to maintain in such gaming operations complete honesty and integrity. The Virginia Riverboat Gaming Commission shall encourage participation by local individuals and businesses in those activities associated with riverboat gaming.
B. The conduct of any riverboat gaming operations and entrance to any place where such gaming operations are conducted are privileges which may be granted or denied by the Commission or its authorized representatives in order to effectuate the purposes set forth in this chapter.
§ 59.1-405.3. The Virginia Riverboat Gaming Commission created.
A. The Virginia Riverboat Gaming Commission is created and shall consist of five members appointed by the Governor and confirmed by a majority of those elected to each house of the General Assembly at the next regular session following any such appointments. Each Commissioner shall have been a resident of the Commonwealth for a period of at least three years next preceding his appointment, and his continued residency shall be a condition of his tenure in office. The initial appointments shall be as follows: one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Thereafter, all appointments shall be for terms of five years. Vacancies in the Commission shall be filled for the unexpired term. Each Commissioner shall be eligible for reappointment for a second consecutive term at the discretion of the Governor. Persons who are first appointed to initial terms of less than five years shall thereafter be eligible for reappointment to two consecutive terms of five years each. The Commission shall elect a chairman from among its members. No member of the General Assembly while serving as a member shall be eligible for appointment to the Commission.
B. Each member of the Commission shall receive fifty dollars for each day or part thereof spent in the performance of his duties and in addition shall be reimbursed for his reasonable expenses incurred therein.
C. The members of the Commission shall serve at the pleasure of the Governor.
D. The Commission shall establish and maintain a general business office within the Commonwealth for the transaction of its business at a place to be determined by the Commission. The Commission shall meet at such times and places within the Commonwealth as it shall determine. A majority of the Commissioners shall constitute a quorum for the convening of a meeting, but the performance of any duty or the exercise of any power of the Commission shall require a majority of the entire Commission.
§ 59.1-405.4. Legal representation.
The Commission may be represented in all legal matters by general counsel hired by the Commission; however, the employment of such counsel shall be subject to the approval of the Attorney General. The compensation for such general counsel shall be paid out of the funds appropriated for the administration of the Commission. No member of the General Assembly while serving as a member nor any person associated with such member's law practice shall be employed as general counsel.
§ 59.1-405.5. Financial interests of Commission members, employees and family members prohibited.
No member or employee of the Commission, and no spouse or immediate family member of any such member or employee shall (i) have any financial interest, direct or indirect, in any riverboat gaming operation subject to the provisions of this chapter or in any person who has submitted an application under Article 2 (§ 59.1-405.16 et seq.) of this chapter; (ii) participate as an owner of a riverboat; (iii) have any pecuniary interest in the winnings in any gambling operation; (iv) have any financial interest, direct or indirect, in any horse racetrack, satellite facility or operation incident thereto subject to the provisions of Chapter 29 (§ 59.1-364 et seq.) of this title, in any entity which has submitted an application for a license under Article 2 (§ 59.1-375 et seq.) of Chapter 29 of this title, in the operation of any such track or satellite facility within the Commonwealth, or in the operation of any wagering authorized under Chapter 29 (§ 59.1-364 et seq.) of this title; or (v) participate as the owner of a horse or otherwise as a contestant in any race subject to the jurisdiction of the Virginia Racing Commission, or have any pecuniary interest in the purse or prize contested for in any such race. No member of the Commission and no spouse or immediate family member of a Commission member shall make any contribution to a candidate for office or current office holder on the local or state level, or cause a contribution to be made on his behalf.
§ 59.1-405.6. Powers and duties of the Commission.
The Commission shall have all powers and duties necessary or appropriate to carry out the provisions of this chapter and to exercise the control of riverboat gaming. Such powers and duties shall include but not be limited to the following:
1. The Commission is vested with jurisdiction and supervision over all riverboat gaming operations licensed under the provisions of this chapter, including all persons conducting, participating in, or attending any riverboat gaming operation. It shall employ such persons to be present at riverboat gaming operations as are necessary to ensure that such operations are conducted with order and the highest degree of integrity. It may eject or exclude from the enclosure or from any part thereof or from the riverboat any person, whether or not he possesses a license or permit, whose conduct or reputation is such that his presence may, in the opinion of the Commission, reflect adversely on the honesty and integrity of riverboat gaming, or interfere with the orderly conduct of riverboat gaming.
2. The Commission, its representatives, and employees shall visit, investigate, and have free access to the office, riverboat, facilities, or other places of business of any licensee or permit holder, and may compel the production of any of the books, documents, records, or memoranda of any licensee or permit holder for the purpose of satisfying itself that this chapter and Commission regulations are strictly complied with. In addition, the Commission may require the production of an annual balance sheet and operating statement of any person licensed or granted a permit pursuant to the provisions of this chapter and may require the production of any contract to which such person is or may be a party.
3. The Commission shall adopt standards for all riverboats and facilities, including a provision that a riverboat shall include a crew complement which meets all U.S. Coast Guard marine personnel requirements for carriers of this type and class.
4. The Commission shall promulgate regulations and conditions under which riverboat gaming shall be conducted in the Commonwealth as the Commission considers necessary and appropriate to effect the purposes of this chapter. Such regulations shall include provisions for (i) affirmative action to assure participation by minority persons in contracts granted by the Commission and its licensees and (ii) appropriate safety standards for riverboats, including requirements that all personnel required by the riverboat's U.S. Coast Guard certification of inspection to operate the riverboat shall be U.S. Coast Guard certified in lifeboat procedures and marine firefighting, and have received U.S. Red Cross certification in cardiopulmonary resuscitation. Regulations of the Commission shall be promulgated in accordance with the Administrative Process Act (§ 9-6.14:1 et seq.), and may provide penalties for violations of such regulations.
5. The Commission may issue an operator's license approving the use of vessels on an interim basis, conditioned upon deployment of permanent vessels by a date specified in the operator's license. If it determines that it is in the best interests of the Commonwealth, the Commission may revoke the operator's license of a licensee which fails to begin reqular riverboat cruises within eighteen months or, in the case of excursion vessels licensed pursuant to § 59.1-405.15, within six months, after receipt of its license.
6. The Commission may issue up to nine licenses, inclusive of any licenses issued pursuant to § 59.1-405.15, authorizing the holders of such licenses to operate riverboats.
7. The Commission may issue subpoenas for the attendance of witnesses before it, administer oaths, and compel the production of records or other documents and testimony of such witnesses whenever, in the judgment of the Commission, it is necessary to do so for the effectual discharge of its duties.
8. The Commission may compel any person holding a license or permit to file with the Commission such data as shall appear to the Commission to be necessary for the performance of its duties including but not limited to financial statements and information relative to principals and all others with any material pecuniary interest in such person. It may prescribe the manner in which books and records of such persons shall be kept.
9. The Commission may enter into arrangements with any foreign or domestic government or governmental agency, for the purposes of exchanging information or performing any other act to better ensure the proper conduct of riverboat gaming operations.
10. The Commission shall report annually to the Governor and the General Assembly; the report shall include a financial statement of the operations of the Commission.
11. The Commission may order such audits, in addition to those required by § 59.1-405.19, as it deems necessary and desirable.
12. The Commission shall upon the receipt of a credible complaint of an alleged criminal violation of this chapter immediately report the complaint to the Attorney General of the Commonwealth and the State Police for appropriate action.
13. The Commission shall provide for the withholding of the applicable amount of state and federal income tax of persons claiming a prize or pay-off for a winning game in accordance with applicable state and federal law and regulations.
14. The Commission and its Executive Secretary shall have the powers, authorities and duties of peace officers for the purpose of enforcing the provisions of this chapter.
§ 59.1-405.7. Commission; Executive Secretary; staff.
The Commission shall appoint an Executive Secretary and such other employees as it considers necessary to perform its duties under this chapter who shall possess such authority and perform such duties as the Commission shall prescribe or delegate to them. Such employees may include inspectors, accountants, guards and such other employees considered by the Commission to be necessary for the supervision and the proper conduct of riverboat gaming in accordance with the highest standards of integrity. Such employees shall be compensated as provided by the Commission.
The Executive Secretary, in addition to any other duties prescribed by the Commission, shall keep a true and complete record of all proceedings of the Commission and preserve at the Commission's general office all books, documents and papers of the Commission.
Neither the Executive Secretary nor the spouse or any member of the immediate family of the Executive Secretary shall make any contributions to a candidate for office or current office holder at the local or state level, or cause such a contribution to be made on his behalf.
§ 59.1-405.8. Audit required.
A regular post-audit shall be conducted of all accounts and transactions of the Commission. An annual audit of a fiscal and compliance nature of the accounts and transactions of the Commission shall be conducted by the Auditor of Public Accounts on or before September 30 of each year. The cost of the annual audit and post-audit examinations shall be borne by the Commission.
§ 59.1-405.9. Fingerprints and background investigations.
The Commission shall fingerprint and require a background investigation, including a criminal history record information check, of the following persons to be conducted by a representative of a law-enforcement agency of the Commonwealth or federal government: (i) every person licensed pursuant to this chapter; (ii) every person applying for a license or permit pursuant to this chapter; (iii) every person who is an officer, director or principal of a licensee, an applicant for a license, or an employee of a licensee whose duties relate to the riverboat gaming business in Virginia; (iv) all security personnel of any license holder; (v) employees of the Commission; (vi) all permit holders, and officers, directors, principals, and employees of such permit holders whose duties relate to the riverboat gaming operations in Virginia; and (vii) any other person who the Commission determines actively participates in the riverboat gaming activities of any licensee or permit holder, or applicant for a license or permit.
§ 59.1-405.10. Hearing and appeal.
Any person aggrieved by a refusal of the Commission to issue any license or permit, the suspension or revocation of a license or permit, the imposition of a civil penalty, or any other action of the Commission, may, within thirty days of such action, appeal to the Circuit Court of the City of Richmond. If the court finds that the action of the Commission was arbitrary, it shall order such action as it deems appropriate. The decision of the court shall be subject to appeal as in other cases at law.
§ 59.1-405.11. Injunction.
Whenever it appears to the Commission that any person has violated or may violate any provision of this chapter or any regulation or final decision of the Commission, it may apply to the appropriate circuit court for an injunction with respect to such person. The order granting or refusing such injunction shall be subject to appeal as in other cases in equity.
§59.1-405.12. State Riverboat Gaming Operations Fund.
A. All moneys and revenues received by the Commission under this chapter shall be placed in a special nonreverting fund to be known as the State Riverboat Gaming Operations Fund. Notwithstanding any other provision of law, interest earned from moneys in the State Riverboat Gaming Operations Fund shall accrue to the benefit of such Fund.
B. The total costs of the operation and administration of the Commission shall be funded from the State Riverboat Gaming Operations Fund and shall be in such amount as provided in the general appropriations act.
§ 59.1-405.13. Operator's license required.
No person shall operate a riverboat unless he has obtained an operator's license issued by the Commission in accordance with the provisions of this chapter.
No license issued under the provisions of this chapter shall be transferable.
§ 59.1-405.14. Application for operator's license; penalty.
A. Any person desiring to operate a riverboat shall file with the Commission an application for an operator's license. Such application shall be filed at the time and place prescribed by the Commission, and shall be in such form and contain such information as prescribed by the Commission, including but not limited to the following:
1. The name and address of such person; if a corporation, the state of its incorporation, the full name and address of each officer and director thereof, and if a foreign corporation, whether it is qualified to do business in the Commonwealth; if a partnership or joint venture, the name and address of each partner thereof; if a limited liability company, the name and address of each manager thereof; or if another entity, each person performing duties similar to those of officers, directors and general partners;
2. The name and address of each principal or member of such corporation or limited liability company; of each person who has contracted to become a principal or otherwise to possess or enjoy a material pecuniary interest in the applicant, including providing management services for any part of the riverboat's operations, and the nature and value of such interest; and of each person who has agreed to lend money to the applicant;
3. Such information as the Commission considers appropriate regarding the character, background and responsibility of the applicant and the members, partners, principals, officers and directors of the applicant, including political contributions made or directed to be made to state and local candidates by any of the foregoing;
4. The identity of the riverboats on which such gaming operations are to be conducted, the exact location where such riverboat will be docked, and the routes over which it is proposed to be operated. The Commission shall require such information about a riverboat and its location as it deems necessary and appropriate to determine whether (i) it complies with the minimum standards provided in this chapter and Commission regulations; (ii) the waterway over which the riverboat is to be operated is in fact navigable, as determined by the Commission in consultation with the U.S. Corps of Engineers; and (iiI) the conduct of a riverboat gaming operation at such location would be in the best interests of the people of the Commonwealth;
5. Such information relating to the financial responsibility of the applicant as the Commission considers appropriate;
6. If any of the facilities necessary for the conduct of riverboat gaming operations are to be leased, the terms of such lease;
7. The design and layout of the riverboat, whether proposed for a permanent or for interim use, and whether the riverboat is a modification of an existing vessel or a vessel of new construction;
8. Evidence of compliance by the applicant with the land-use plans and design review criteria of the local governing body of the locality in which the dock is to be located; and
9. Any other information which the Commission in its discretion considers appropriate.
B. Any application filed hereunder shall be verified by the oath or affirmation of an officer of the applicant, and shall be accompanied by a nonrefundable application fee.
C. An application shall be filed with the Commission prior to June 30, 1996, by any applicant seeking an operator's license for calendar year 1997, and thereafter prior to April 1 of the calendar year for which an applicant seeks an operator's license. A nonrefundable application fee of $50,000 shall be paid at the time of filing to defray the costs associated with the background investigation conducted by the Commission. If the costs of the investigation exceed $50,000, the applicant shall pay the additional amount to the Commission. The Commission may establish regulations calculating the costs to the Commission in performing its functions under this chapter and allocating such costs to applicants.
D. The licensed operator shall be the person primarily responsible for the riverboat itself. The applicant shall identify each riverboat it intends to use on an interim or permanent basis and certify that the riverboat: (i) has the minimum capacity of 400 gaming stations (ii) is accessible to disabled persons; (iii) is either a replica of a nineteenth century riverboat or of a casino cruise ship design; and (iv) is fully registered and licensed, or capable for being fully registered and licensed, in accordance with all applicable laws.
E. A person who knowingly makes a false statement on an application is guilty of a Class 4 felony.
§ 59.1-405.15. Issuance of operator's license.
A. The Commission shall consider all applications for an operator's license and may grant an operator's license to applicants who meet the criteria set forth in this chapter and established by Commission regulations, if it finds that:
1. The riverboat and appurtenant facilities the applicant proposes to use on a permanent basis are or will be appropriate for the finest quality of riverboat gaming operations, and the riverboat and appurtenant facilities the applicant proposes to use on an interim basis are consistent with the purposes of this chapter;
2. All principals have submitted to the jurisdiction of the Virginia courts, and all nonresident principals have designated the Executive Secretary of the Commission as their agent for receipt of process;
3. If the applicant is an entity, it has the right to purchase at fair market value the securities or other equity interest of, and require the resignation of, any person who is or becomes disqualified for such position under § 59.1-405.16;
4. If the applicant is an entity, its securities are fully paid and, in the case of stock, nonassessable and have been subscribed and will be paid for only in cash or property to the exclusion of past services;
5. The applicant meets the criteria established by this chapter and the Commission for granting of an operator's license;
6. The applicant is qualified to do business in the Commonwealth and is subject to the jurisdiction of the courts of the Commonwealth; and
7. The applicant is not disqualified to hold a license pursuant to § 59.1-405.16.
B. The Commission shall issue an operator's license to any person who satisfies the requirements of subsections A and C and who, as of January 12, 1994, owned or operated an excursion vessel having a current United States Coast Guard certified capacity of at least 400 passengers. Any such license shall permit gaming operations only on the designated navigable waters described in the certificate of public convenience and necessity under which such vessel operated as of January 12, 1994, and only from a dock within a two-mile radius of the dock from which such excursion vessel regularly embarked and disembarked passengers as of January 12, 1994.
Such license shall require gaming excursions to commence on the vessel, as the same may be modified for gaming operations, within six months of issuance of such license and to continue until a replacement vessel approved by the Commission is placed in service. The granting of such license shall not preclude the granting of an operator's license pursuant to subsection C to any person owning or operating an excursion vessel in a locality which is contiguous to the locality in which an operator's license has been issued in accordance with this subsection.
C. In addition to any licenses issued pursuant to subsection B, the Commission may issue licenses to applicants meeting the requirements of subsection A, authorizing and requiring the holders of such licenses to operate not more than two riverboats over a single route within the designated navigable waters; however, the total number of operator's licenses issued by the Commission under any provision of this chapter and in force at any one time shall not exceed nine. In determining whether to issue a license pursuant to this subsection, the Commission shall consider the following factors:
1. The character, reputation, experience and financial integrity of the applicant and of any other or separate person that either:
a. Controls, directly or indirectly, such applicant; or
b. Is controlled, directly, or indirectly, by such applicant or by a person who controls, directly or indirectly, such applicant;
2. The facilities or proposed facilities for the conduct of riverboat gaming;
3. The highest prospective total revenue to be derived by the Commonwealth from the conduct of riverboat gaming;
4. The good faith affirmative action plan of each applicant to recruit, train and promote minorities in all employment classifications;
5. The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance;
6. Whether the applicant has adequate capitalization to provide and maintain, for the duration of a license, a riverboat;
7. The economic impact of the proposed operation of the applicant, including benefits to economically depressed areas within the Commonwealth, and the economic effects of the proposed construction, modification, and repair of riverboats on the shipbuilding and ship repair industries in the Commonwealth;
8. The goal of making the benefits of riverboat gaming available to different cities and counties within the Commonwealth;
9. The compatibility of the applicant's proposed operations with the land-use plans and design-review criteria of the local governing body of the county or city in which the dock is to be located; and
10. The extent to which the applicant exceeds or meets other standards for the issuance of an operator's license which the Commission may adopt by regulation.
D. Each operator's license shall specify the county or city and the specific location therein where the riverboats will operate and dock, and the navigable waters within which the riverboat will operate. The Commission may condition any license on the operator's use of permanent and interim riverboats and appurtenant facilities which are substantially the same as those submitted with the application submitted to the Commission, and shall condition each license on the operator's facilities being in compliance with the land-use plans and design review criteria of the local governing body and on approval of riverboat gaming by the qualified voters of the locality pursuant to § 59.1-405.28 within twelve months of the date the license is issued.
E. No operator shall be issued more than one license, and no principal of a licensee shall at the same time be a principal of any other licensee.
§ 59.1-405.16. Refusal of operator's license.
An applicant shall be disqualified for a license, and the Commission shall deny a license to any applicant, if it finds that for any reason the issuance of a license to the applicant would be contrary to the interests of the Commonwealth or would reflect adversely on the honesty and integrity of the riverboat gaming industry in the Commonwealth, or that the applicant, or any officer, partner, principal stockholder, or director of the applicant:
1. Has knowingly made a false statement of material fact or has deliberately failed to disclose any information requested;
2. Is or has been found guilty of any illegal, corrupt, or fraudulent act, practice, or conduct in connection with any riverboat gaming operation in this or any other state;
3. Has been convicted of a felony under the laws of this or any other state, or of the United States;
4. Has at any time knowingly failed to comply with the provisions of this chapter or of any regulations of the Commission;
5. Has had a license or permit to hold or conduct a riverboat gaming operation denied for cause, suspended, or revoked in this or any other state or country;
6. Has defaulted in the payment of any obligation or debt due to the Commonwealth;
7. Has operated or caused to be operated a riverboat for which a license is required under this chapter without obtaining such license; or
8. Is not qualified to do business in Virginia or is not subject to the jurisdiction of the courts of the Commonwealth.
§ 59.1-405.17. Duration, form of operator's license; bond.
A. A license issued under this chapter shall be for the period set by the Commission, not to be less than ten years, but shall be reviewed annually to determine compliance with this chapter and Commission regulations. The Commission shall designate on the license the duration of such license, the location of such riverboats and such other information as it considers proper. The Commission shall establish criteria and procedures for license renewal.
B. An operator's license issued pursuant to subsection B or C of § 59.1-405.15 shall entitle the licensee to operate up to two riverboats within the same navigable waters and area of operation therein.
C. The Commission shall require a bond with surety acceptable to it, and in an amount it determines to be sufficient to cover any indebtedness incurred by the licensee to the Commonwealth.
§ 59.1-405.18. Records to be kept; reports.
A. A licensed operator shall keep his books and records so as to show the following:
1. Daily attendance, including paid and complimentary admissions;
2. The total amount of gross receipts; and
3. The total amount of the adjusted gross receipts.
B. The licensed operator shall furnish to the Commission such reports and information as the Commission may require with respect to its activities on forms or in a format designated by the Commission.
C. The licensed operator shall report to the (i) Commissioner of the Department of Taxation, and (ii) the Internal Revenue Service, such identifying information regarding persons winning jackpots or other substantial sums from single plays as may be required pursuant to applicable state and federal law and regulations. The Commissioner of the Department of Taxation is empowered to promulgate regulations, consistent with applicable federal law and regulations, requiring licensees to make such reports to the Department of Taxation. Copies of all reports made pursuant to this subsection shall be promptly forwarded to the Commission.
D. The books, records and reports required under subsections A and B to be kept by a licensed operator are public records, the examination, publication, and dissemination of which shall be governed by the provisions of the Freedom of Information Act (§ 2.1-340 et seq.).
§ 59.1-405.19. Audit of licensed operations.
Within ninety days after the end of each year, the licensed operator shall transmit to the Commission an audit of the financial transactions and condition of the licensee's total operations. All audits shall be conducted by certified public accountants licensed in the Commonwealth and shall comply with Commission regulations.
§ 59.1-405.20. Supplier's licenses; penalty.
A. The Commission may issue a supplier's license to such persons, firms or corporations which apply therefor upon the payment of a nonrefundable application fee upon a determination by the Commission that the applicant is eligible for a supplier's license and upon payment of a $5,000 annual license fee.
B. The holder of a supplier's license is authorized to sell or lease, and to contract to sell or lease, gaming equipment and supplies to any licensee involved in the ownership or management of gaming operations to the extent provided in the permit.
C. Gaming supplies and equipment may not be distributed unless the supplies and equipment conform to standards adopted by the Commission.
D. A person is ineligible to receive a supplier's license if:
1. The person has been convicted of a felony under the laws of the Commonwealth, any other state, or the United States;
2. The person has submitted an application for a license under this chapter which contains false information;
3. The person is a member or employee of the Commission;
4. The entity is one in which a person described in subdivision 1, 2, or 3 is an officer, director, principal, partner, or managerial employee;
5. The firm or corporation employs a person who participates in the management or operation of riverboat gaming authorized under this chapter; and
6. The license of the person, firm or corporation issued under this chapter, or a license to own or operate gaming facilities in any other jurisdiction, has been revoked.
E. Any person that supplies any equipment, devices, or supplies to a licensed riverboat gaming operation or manages any operation, including a computerized network on a riverboat, shall first obtain a supplier's license. No license issued under the provisions of this section shall be transferable. A supplier shall furnish to the Commission a list of all equipment, devices and supplies offered for sale or lease in connection with the games authorized under this chapter. A supplier shall keep books and records for the furnishing of equipment, devices and supplies to gaming operations separate and distinct from any other business that the supplier might operate. A supplier shall file a quarterly return with the Commission listing all sales and leases related to such license. A supplier shall permanently affix its name to all its equipment, devices, and supplies for gaming operations. Any supplier's equipment, devices or supplies which are used by any person in an unauthorized gaming operation shall be forfeited to the Commonwealth.
A licensed operator may own its own equipment, devices and supplies and may utilize gaming equipment, devices, and supplies at such locations as may be approved by the Commission for the purpose of training enrollees in a school operated by such licensee to train persons who desire to become qualified for employment or promotion in gaming operations. The Commission may establish rules for the conduct of any such schools. Each holder of an operator's license under this chapter shall file an annual report listing its inventories of gaming equipment, devices and supplies related to its operations in Virginia.
F. Any person who knowingly makes a false statement on an application for a supplier's license shall be guilty of a Class 4 felony.
§ 59.1-405.21. Denial of licenses final.
The denial of an operator's or supplier's license by the Commission shall be final unless appealed under § 59.1-405.10.
§ 59.1-405.22. Suspension or revocation of licenses.
Upon fifteen days' notice and an opportunity for hearing, the Commission may suspend or revoke any license, or impose a civil penalty not to exceed $100,000 on the holder thereof, in any case where it has reason to believe that any provision of this chapter, or any regulation or condition of the Commission, has not been complied with or has been violated. The Commission may revoke a license if it finds that facts not known by it at the time it considered the application indicate that such license should not have been issued. Deliberations of the Commission shall be conducted pursuant to the provisions of the Virginia Freedom of Information Act (§ 2.1-340 et seq.). If any such license is suspended or revoked, the Commission shall state its reasons for doing so, which shall be entered of record. Such action shall be final unless appealed in accordance with § 59.1-405.10. Suspension or revocation of a license by the Commission for any violation shall not preclude criminal liability for such violation.
§ 59.1-405.23. Acquisition of interest in licensee.
The Commission shall require any person desiring to become a partner, member or principal in any licensee to apply to the Commission for approval thereof and may demand such information of the applicant as it finds necessary. The Commission shall consider such application within sixty days of receipt, and if in its judgment the acquisition by the applicant would be detrimental to the public interest, or to the honesty, integrity or reputation of riverboat gaming operations, the application shall be denied.
§ 59.1-405.24. Permit required.
No person shall participate in any riverboat gaming operation as a concessionaire or employee thereof, riverboat employee, or other position the Commission considers necessary to regulate to ensure the integrity of riverboat gaming in the Commonwealth, unless such person possesses a permit therefor from the Commission, and complies with the provisions of this chapter and all Commission regulations. No permit issued under the provisions of this chapter shall be transferable.
§ 59.1-405.25. Application for permit.
A. Any person desiring to obtain a permit as required by this chapter shall make application therefor on a form or in a format prescribed by the Commission. The application shall be accompanied by a fee prescribed by the Commission, not to exceed $1,000.
B. Any application filed hereunder shall be verified by the oath or affirmation of the applicant.
§ 59.1-405.26. Consideration of permit application.
A. The Commission shall promptly consider any application for a permit and issue or deny such permit based on the information in the application and all other information before it, including any investigation it considers appropriate. If an application for a permit is approved, the Commission shall issue a permit, which shall contain such information as the Commission considers appropriate. Such permit shall be valid for one year. The Commission shall establish criteria and procedures for permit renewal.
B. The Commission shall deny an application and refuse to issue a permit, which denial shall be final unless an appeal is taken under § 59.1-405.10, if it finds that the issuance of such permit to such applicant would not be in the interests of the people of the Commonwealth, or would reflect adversely on the honesty and integrity of riverboat gaming in the Commonwealth, or that the applicant:
1. Has knowingly made a false statement of a material fact in the application, or has deliberately failed to disclose any information requested by the Commission;
2. Is or has been found guilty of any corrupt or fraudulent practice or conduct in connection with riverboat gaming operations in this or any other state;
3. Has knowingly failed to comply with the provisions of this chapter or the regulations of the Commission;
4. Has had a permit to engage in activity related to riverboat gaming denied for cause, suspended or revoked in any other state, and such denial, suspension or revocation is still in effect;
5. Is unqualified to perform the duties required for the permit sought; or
6. Has been convicted of a misdemeanor or felony involving unlawful conduct or wagering, fraudulent use of a gaming credential, unlawful transmission of information, touting, bribery, embezzlement, administration or possession of drugs or any felony considered by the Commission to be detrimental to riverboat gaming in the Commonwealth.
C. The Commission may refuse to issue the permit if for any reason it determines that the granting of such permit is not consistent with the provisions of this chapter or any regulations adopted by any other agency of the Commonwealth.
§ 59.1-405.27. Suspension or revocation of permit; civil penalty.
Upon reasonable notice and an opportunity for a hearing, the Commission may suspend or revoke a permit issued under this chapter or impose upon the holder of a permit a civil penalty, not to exceed $10,000, in any case in which it determines that any provision of this chapter, or any regulation or condition of the Commission, has not been complied with, or has been violated. The Commission may revoke the permit, upon notice and an opportunity for hearing, if it finds that facts not known by it at the time it was considering the application indicate that the permit should not have been issued. Deliberations of the Commission under this section shall be conducted pursuant to the provisions of the Virginia Freedom of Information Act (§ 2.1-340 et seq.). If any permit is suspended or revoked, the Commission shall state its reasons for doing so, which shall be entered of record. Such action shall be final unless an appeal is taken in accordance with § 59.1-405.10. Suspension or revocation of a permit by the Commission for any violation shall not preclude criminal liability for such violation.
§ 59.1-405.28. Local referendum required.
A. The Commission shall not grant any license to operate riverboats unless a referendum approving the question stated below has been held in each county or city in which such riverboats are to be docked in the following manner:
1. A petition, signed by five percent of the registered voters of such county or city as of the January 1 preceding the filing of the petition, or a petition or resolution of the governing body of such county or city, shall be filed with the circuit court of such county or city in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2, asking that a referendum be held on the question, "Shall riverboat gaming be permitted in [name of county or city] in accordance with Chapter 29.1 (§ 59.1-405.1 et seq.) of Title 59.1 of the Code of Virginia?"
2. Following the filing of such petition, the court shall, by order of record, call a referendum in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2.
B. No such referendum as described above shall be held more often than once in every three years in the same county or city.
C. A subsequent local referendum shall be required if a license for riverboat gaming in such city or county has not been granted by the Commission within five years of the court order proclaiming the results of the election.
D. Notwithstanding any other provision of this chapter, riverboat gaming shall become effective only in those counties and cities which adopt the provisions of this chapter by referendum, and all local acts, including charter provisions and ordinances of cities and towns, inconsistent with the provisions of this chapter shall be thereby repealed to the extent of such inconsistency. The governing body of each city or county in which this chapter has become effective may adopt ordinances including zoning, land-use, and design review ordinances regulating riverboat gaming activities in a manner which is fair to and nondiscriminatory among applicants and is in furtherance of the purpose of this chapter.
E. Nothing in this chapter shall be construed to preclude the holding of a local referendum on the same date as a statewide referendum on riverboat gaming.
§ 59.1-405.29. Conduct of gaming.
A. Gaming may be conducted by licensed operators aboard riverboats, subject to the following standards:
1. No gaming operations shall be conducted on docks or other appurtenant facilities of a riverboat other than a training school. No gaming shall be conducted aboard a riverboat when it is docked except (i) during embarkation and disembarkation of passengers immediately preceding and following actual cruising, pursuant to such limitations as may be established by the Commission, or (ii) when under highly unusual conditions the master of the vessel deems it unsafe to leave the dock due to weather or environmental conditions, or the Commission determines, after consultation with the U.S. Army Corps of Engineers or other responsible federal or state agency, that the waterway on which the riverboat is licensed has become nonnavigable. Upon a determination pursuant to clause (ii), the licensed operator shall advise all passengers prior to their embarkation that the riverboat will not depart the dock. After having embarked, passengers shall not be permitted to disembark prior to the scheduled end of the excursion, except under circumstances that would constitute an emergency and for a period not to exceed thirty minutes as determined by Commission regulations, to permit the orderly embarkation and disembarkation of passengers by the licensee.
2. Riverboat cruises shall not exceed four hours, with the exception of any extended cruises, each of which shall be expressly approved by the Commission.
3. Minimum and maximum wagers on games shall be set by the licensee.
4. Agents of the Commission and the Department of State Police may board and inspect any riverboat at any time for the purpose of determining compliance with this chapter. Every riverboat, if under way and being hailed by a law-enforcement officer or agent of the Commission, shall stop immediately and lay to.
5. Employees of the Commission shall have the right to be present on the riverboat or on adjacent facilities under the control of the licensee.
6. Gaming equipment and supplies customarily used in conducting riverboat gaming shall be purchased or leased only from suppliers licensed for such purpose under this chapter;
7. Persons licensed under this chapter shall permit no form of wagering on gaming except as permitted by this chapter.
8. Wagers may be received only from a person present on a riverboat. No person present on a riverboat shall place or attempt to place a wager on behalf of another person who is not present on the riverboat.
9. All wagers shall be made only with money or with tokens, chips or
electronic cards purchased from a licensed operator aboard a riverboat or in
a facility appurtenant to such riverboat which is accessible only to persons
who have purchased or otherwise qualified for admission to a gaming excursion
and are awaiting embarkation. Such tokens, chips or electronic cards may be
used while aboard the riverboat only for the purpose of making wagers on
gaming. Notwithstanding any other provision of this chapter, gaming may be
conducted only aboard a riverboat, within such areas of the riverboat as may
be designated by the Commission for the conduct of gaming
activities.
10. A person under age eighteen shall not be permitted on a riverboat where gaming is being conducted, except (i) in areas of a riverboat designated for nongaming activity or (ii) while serving in nongaming positions of employment. No person under age eighteen shall be permitted to make a wager under this chapter.
11. The sale of alcoholic beverages on a riverboat shall be conducted in accordance with the provisions of Title 4.1 applicable to common carriers. No operator licensed pursuant to this chapter shall offer any alcoholic beverages free of charge during any gaming excursion.
12. The area dedicated to nongaming activities on a riverboat shall constitute at least thirty percent of the total area of the riverboat open and accessible to the public; the remainder of such area open to the public shall be dedicated to gaming operations.
13. No licensee or permit holder shall accept postdated checks in payment for participation in any gaming operation.
14. Gaming shall be conducted in accordance with this chapter and Commission regulations.
B. No person shall erect, maintain, or operate any pier or other structure; operate any ferry, shuttle, or other device; or enter onto any of the foregoing, for purposes of transporting persons from the Commonwealth to any facility or premises where gaming is conducted other than a riverboat licensed under this chapter.
§ 59.1-405.30. Wagering tax; rate; distribution.
A. A tax at the rate of twenty percent shall be imposed on the adjusted gross receipts received from games authorized under this chapter. The tax imposed by this section shall be paid by the licensed operator to the Commission no later than the close of the business day following the day when the adjusted gross receipts were received. Such taxes shall be accompanied by forms or returns in a format prescribed by the Commission and, upon receipt by the Commission, shall be deposited in the State Riverboat Gaming Operations Fund established pursuant to § 59.1-405.12.
The Commission may suspend or revoke the license of an operator for willful failure to (i) submit the wagering tax payment or (ii) submit such payment within the time required by this subsection.
B. Twenty-five percent of the tax imposed pursuant to subsection A, and of that portion of the admission tax levied pursuant to § 59.1-405.31 which accrues to the Commonwealth, net of the costs of operation and administration of the Commission paid from the State Riverboat Gaming Operations Fund pursuant to § 59.1-405.12, shall be paid to the locality which is designated as the home dock of the riverboat.
C. The remainder of the funds generated by this chapter shall be paid into the general fund.
D. The locality designated as the home dock of the riverboat may enter into agreements with other localities in the Commonwealth to share its portion of the tax revenue or to permit such riverboat to dock, embark and disembark from such localities, provided riverboat gaming has been approved in all such localities in accordance with § 59.1-405.28.
E. Gross receipts for license tax purposes under Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1 shall not include the wagering tax imposed by this section.
§ 59.1-405.31. Admission tax.
A. A tax at a rate of two dollars per person admitted shall be imposed upon admissions to gaming excursions authorized in accordance with this chapter. This admission tax is imposed upon the licensed operator conducting the gaming excursion.
1. If tickets are issued which are good for more than one gaming excursion, the admission tax shall be paid for each person using the ticket on each gaming excursion for which the ticket is used.
2. If free passes or complimentary admission tickets are issued, the licensee shall pay the same tax upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate.
3. The riverboat licensee may issue tax-free passes to actual and necessary officials and employees of the licensee or other persons actually working on the riverboat.
4. The number and issuance of tax-free passes shall be subject to regulations of the Commission, and a list of all persons to whom the tax-free passes are issued shall be filed with the Commission.
B. From the two-dollar tax imposed under subsection A, a locality shall receive from the Commonwealth one dollar for each person embarking on a riverboat docked within such locality. Such locality's share shall be collected by the Commission on behalf of the Commonwealth and paid quarterly by the Commonwealth to the treasurer of the locality for deposit in its general fund and shall be in lieu of local admission taxes.
C. The licensed operator shall pay the entire admission tax to the Commission. Such payments shall be made at the time prescribed for paying the wagering tax. Accompanying each payment shall be a return in a form or format prescribed by the Commission which shall include such other information regarding admissions as the Commission may require.
The Commission may suspend or revoke the license of an operator for willful failure to (i) submit the admissions tax payment or (ii) submit such payment within the time required by this subsection.
D. Gross receipts for license tax purposes under Chapter 37 ( § 58.1-3700 et seq.) of Title 58.1 shall not include the admissions tax imposed by this section.
§ 59.1-405.32. Illegal operation; penalty.
A. No person shall:
1. Operate a gaming excursion where wagering is conducted or will be conducted without a license issued by the Commission;
2. Operate a gaming excursion where wagering is permitted other than in the manner specified by this chapter;
3. Offer, promise, or give anything of value or benefit to a person who is connected with a riverboat including, but not limited to, an officer or employee of a licensed operator or supplier, or permit holder, pursuant to an agreement, arrangement, or with the intent that the promise or thing of value or benefit will influence the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a game, or to influence official action of a member of the Commission;
4. Solicit or knowingly accept or receive a promise of anything of value or benefit while the person is connected with a riverboat including, but not limited to, an officer or employee of a licensed operator or supplier, or permit holder, pursuant to an agreement, arrangement, or with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of a game, or to influence official action of a member of the Commission;
5. Use or possess with the intent to use a device to assist:
a. In projecting the outcome of the game;
b. In keeping track of the cards played;
c. In analyzing the probability of the occurrence of an event relating to a game; or
d. In analyzing the strategy for playing or betting to be used in the game except as permitted by the Commission;
6. Cheat at gaming;
7. Manufacture, sell, or distribute any cards, chips, dice, games or devices which are intended to be used to violate any provision of this chapter;
8. Alter or misrepresent the outcome of a game on which wagers have been made after the outcome is made sure but before it is revealed to the players;
9. Place a bet after acquiring knowledge, not available to all players, of the outcome of the game which is the subject of the bet, or aid a person in acquiring the knowledge for the purpose of placing a bet contingent on that outcome;
10. Claim, collect, or take, or attempt to claim, collect, or take, money or anything of value in or from the gaming, with intent to defraud, without having made a wager contingent on winning a game, or claim, collect, or take an amount of money or thing of value of greater value than the amount won;
11. Use counterfeit chips or tokens in gaming;
12. Possess any key or device designed for the purpose of opening, entering, or affecting the operation of a game, drop box, or an electronic or mechanical device connected with the game or for removing coins, tokens, chips or other contents of a game. This subdivision shall not apply to a licensee or employee of a licensee acting in furtherance of the employee's employment.
B. Any person convicted of a violation of this section shall be guilty of a Class 4 felony. In addition, any person convicted of a violation of subdivisions 3 through 12 of subsection A shall be barred for life from riverboats under the jurisdiction of the Commission.
§ 59.1-405.33. Fraudulent use of credential; penalty.
Any person other than the lawful holder thereof who has in his possession any credential, license or permit issued by the Commission, or a forged or simulated credential, license or permit of the Commission, and who uses such credential, license or permit for the purpose of misrepresentation, fraud or touting shall be guilty of a Class 4 felony.
Any credential, license or permit issued by the Commission, if used by the holder thereof for a purpose other than identification and in the performance of legitimate duties on a riverboat, shall be automatically revoked whether so used on or off a riverboat.
§ 59.1-405.34. Persons under eighteen years of age prohibited; penalty.
No person shall wager on or conduct any wagering on the outcome of a game pursuant to the provisions of this chapter unless such person is eighteen years of age or older. No person shall accept any wager from a person under eighteen years of age. A violation of this section shall be a Class 1 misdemeanor.
§ 59.1-405.35. Conspiracies and attempts to commit violations; penalty.
A. Any person who conspires, confederates or combines with another, either in or outside of the Commonwealth, to commit a felony prohibited by this chapter shall be guilty of a Class 4 felony.
B. Any person who attempts to commit any act prohibited by this chapter shall be guilty of a criminal offense and punished as provided in either § 18.2-26, 18.2-27 or §18.2-28, as appropriate.
§ 59.1-405.36. Civil penalties.
Any person who conducts a gaming operation without first obtaining a license to do so, or who continues to conduct such gaming operation after revocation of his license, or any licensee who conducts or allows to be conducted any unauthorized gaming on a riverboat where it is authorized to conduct its riverboat gaming operation, in addition to other penalties provided, shall be subject to a civil penalty equal to the amount of gross receipts derived from wagering on gaming, whether unauthorized or authorized, conducted on that day, as well as confiscation and forfeiture of all gaming equipment used in the conduct of the unauthorized gaming.
§ 59.1-405.37. Forfeiture of property.
Any riverboat used for the conduct of gaming in violation of this chapter and every gaming device found on such riverboat shall be considered contraband and forfeited to the Commonwealth. Proceedings for such confiscation shall be in accordance with Chapter 22 (§ 19.2-369 et seq.) of Title 19.2.
§ 59.1-405.38. Operation on waterways legal.
If this chapter shall become effective in any county or city in which a riverboat is docked, the riverboat operator may lawfully cruise the riverboat in all waters within the route described in the operator's license.
2. That the provision of § 59.1-405.28 relating to the conduct of local referenda shall become effective July 1, 1995, so that a local referendum may be conducted at the general election in November 1995.
3. That except as provided by the second enactment of this act, the first enactment of this act shall become effective only if approved by a majority of those voting in a statewide referendum to be conducted at the general election in November 1995, as follows:
a. It shall be the duty of the officers conducting the election directed by law to be held on the Tuesday after the first Monday in November 1995, at the places appointed for holding the same, to open a poll and take the sense of the qualified voters upon their approval of the first enactment of this act as provided herein.
b. At such election a ballot shall be furnished each voter which shall have printed thereon the following question:
Question: "Shall the 1995 Act of the General Assembly which authorizes riverboat gaming and provides for its regulation, and dedicates net tax revenues arising from such gaming to localities and to the general fund, become effective in the Commonwealth?"
The ballot shall be prepared, distributed and voted and the results thereof ascertained and certified in the manner prescribed by general law and § 24.2-684. It shall be the duty of the electoral board of each county and city to make out, certify and forward an abstract of the votes cast for and against such proposition in the manner prescribed by law for the votes cast in general elections.
It shall be the duty of the State Board of Elections to open and canvass the abstracts of returns, and to examine and make statement of the whole number of votes given at such election for and against such proposition, in the manner now prescribed by law for votes cast in general elections; it shall be the duty of the State Board of Elections to record such certified statement in its office and without delay to make out and transmit to the Governor an official copy of such statement, certified by it.
The Governor shall, without delay, make proclamation of the result, stating therein the aggregate vote for and against such proposition. If a majority of votes cast are for the proposition, the first enactment of this act shall become effective on January 1, 1996.
At least thirty days prior to the election, the State Board of Elections shall cause to be sent to electoral boards of each county and city sufficient copies of the 1995 Act of the General Assembly which authorizes riverboat gaming and provides for its regulation to be posted in each polling place on election day. The expenses incurred in conducting this election shall be defrayed as in the case of the election of members of the General Assembly.
4. That contingent upon the approval of this act by the voters in the referendum to be held in November 1995, there is hereby appropriated a sum sufficient to initiate operations of the Virginia Riverboat Gaming Commission. Pending appropriation of funds within the appropriations act by the 1996 Session of the General Assembly, the Governor is hereby authorized, following approval of the referendum, to release the appropriation of any nongeneral funds. After July 1, 1997, no funds shall be released or appropriated to the Virginia Riverboat Gaming Commission in excess of the amount deposited in the general fund of the Commonwealth pursuant to § 59.1-405.30, reduced by any amounts previously released or appropriated.
5. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $ 250,000.