                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE DEPARTMENT (§ 18.2-340.18)

The Department shall have all powers and duties necessary to carry out the
provisions of this article and to exercise the control of charitable gaming as
set forth in § 18.2-340.15. Such powers and duties shall include the following:

1. The Department is vested with jurisdiction and supervision over all
charitable gaming authorized under the provisions of this article and including
all persons that conduct or provide goods, services, or premises used in the
conduct of charitable gaming. It may employ such persons as are necessary to
ensure that charitable gaming is conducted in conformity with the provisions of
this article and Department regulations. The Department shall designate such
agents and employees as it deems necessary and appropriate who shall be sworn to
enforce the provisions of this article and the criminal laws of the Commonwealth
and who shall be law-enforcement officers as defined in &#xA7; 9.1-101.

2. The Department, its agents and employees and any law-enforcement officers
charged with the enforcement of charitable gaming laws shall have free access to
the offices, facilities, or any other place of business of any organization,
including any premises devoted in whole or in part to the conduct of charitable
gaming. These individuals may enter such places or premises for the purpose of
carrying out any duty imposed by this article, securing records required to be
maintained by an organization, investigating complaints, or conducting audits.

3. The Department may compel the production of any books, documents, records, or
memoranda of any organization, electronic gaming manufacturer, or supplier
involved in the conduct of charitable gaming for the purpose of satisfying
itself that this article and its regulations are strictly complied with. In
addition, the Department may require the production of an annual balance sheet
and operating statement of any person granted a permit pursuant to the
provisions of this article and may require the production of any contract to
which such person is or may be a party.

4. The Department may issue subpoenas for the attendance of witnesses before it,
administer oaths, and compel production of records or other documents and
testimony of such witnesses whenever, in the judgment of the Department, it is
necessary to do so for the effectual discharge of its duties.

5. The Department may compel any person conducting charitable gaming to file
with the Department such documents, information, or data as shall appear to the
Department to be necessary for the performance of its duties.

6. The Department may enter into arrangements with any governmental agency of
this or any other state or any locality in the Commonwealth or any agency of the
federal government for the purposes of exchanging information or performing any
other act to better ensure the proper conduct of charitable gaming.

7. The Department may issue a charitable gaming permit while the
permittee&#8217;s tax-exempt status is pending approval by the Internal Revenue
Service.

8. The Department shall report annually to the Governor and the General
Assembly, which report shall include a financial statement of the operation of
the Department and any recommendations for legislation applicable to charitable
gaming in the Commonwealth.

9. The Department, its agents, and employees may conduct such audits, in
addition to those required by &#xA7; 18.2-340.31, as they deem necessary and
desirable.

10. The Department may limit the number of organizations for which a person may
manage, operate, or conduct charitable games.

11. The Department may promulgate regulations that require any landlord that
leases to a qualified organization any premises devoted in whole or in part to
the conduct of bingo games or any other charitable gaming to register with the
Department.

12. The Department may report any alleged criminal violation of this article to
the appropriate attorney for the Commonwealth for appropriate action.

13. Beginning July 1, 2024, and at least once every five years thereafter, the
Department shall convene a stakeholder work group to review the limitations on
prize amounts and provide any recommendations to the General Assembly by
November 30 of the year in which the stakeholder work group is convened.

HISTORY: 1995, c. 837; 1997, cc. 777, 838; 2003, c. 884; 2006, c. 644; 2014, c.
208; 2021, Sp. Sess. I, c. 491; 2022, cc. 554, 609, 612, 722, 767.