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1996 SESSION

966917849
HOUSE BILL NO. 1161
Offered January 22, 1996
A BILL to amend and reenact § 18.2-242 of the Code of Virginia, relating to games or lotteries.
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Patrons-- Bryant, Albo, Baker, Cantor, Crouch, Drake, Forbes, Grayson, Griffith, Kilgore, Landes, Reid, Rollison, Ruff, Shuler, Stump, Tate, Wardrup, Weatherholtz, Wilkins and Woodrum; Senators: Hanger, Hawkins, Newman and Reasor
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That § 18.2-242 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-242. Use of games, lotteries, etc., for promoting sale of certain products.

(a)A. No retail establishment in this Commonwealth shall use any game, contest, lottery or other scheme or device, whereby a person or persons may receive gifts, prizes or gratuities as determined by chance for the purpose of promoting, furthering or advertising the sale of any product or products having both a federal and state excise tax placed upon it, and the fact that no purchase is required in order to participate in such game, contest, lottery or scheme shall not exclude such game, contest, lottery or scheme from the provisions of this section.

B. No retail establishment in this Commonwealth shall use any "instant ticket" game or contest for the purpose of promoting or furthering the sale of prepaid telephone cards or souvenir milk caps. For the purposes of this section, "instant ticket" game or contest means a game of chance played on a paper ticket or card where a person may receive gifts, prizes, or gratuities; winners are determined by preprinted concealed letters, numbers, or symbols which, when exposed, reveal immediately whether the player has won a prize or entry into a prize drawing. The fact that no purchase is required in order to participate shall not exclude such game or contest from the provisions of this section; however, nothing in this section shall prohibit any retail establishment from using a Virginia lottery ticket to promote or further the sale of any products except those having both a federal and state excise tax placed on them.

(b) C. Any person violating the provision of this section shall be guilty of a Class 3 misdemeanor.

2. That an emergency exists and this act is in force from its passage.