                                 CODE OF VIRGINIA

ELIGIBILITY FOR PERMIT; EXCEPTIONS; WHERE VALID (§ 18.2-340.24)

A. To be eligible for a permit to conduct charitable gaming, an organization
shall:

   1. Have been in existence and met on a regular basis in the Commonwealth for a
   period of at least three years immediately prior to applying for a permit.
   				The three-year residency requirement shall not apply (i) to any lodge or
   chapter of a national or international fraternal order or of a national or
   international civic organization which is exempt under &#xA7; 501(c) of the
   United States Internal Revenue Code and which has a lodge or chapter holding a
   charitable gaming permit issued under the provisions of this article anywhere
   within the Commonwealth; (ii) to booster clubs which have been operating for
   less than three years and which have been established solely to raise funds
   for school-sponsored activities in public schools or private schools
   accredited pursuant to &#xA7; 22.1-19; (iii) to recently established volunteer
   fire and rescue companies or departments, after county, city, or town
   approval; or (iv) to an organization which relocates its meeting place on a
   permanent basis from one jurisdiction to another, complies with the
   requirements of subdivision 2 of this section, and was the holder of a valid
   permit at the time of its relocation.

   2. Be operating currently and have always been operated as a nonprofit
   organization.

   3. Have at least 50 percent of its membership consist of residents of the
   Commonwealth; however, if an organization (i) does not consist of bona fide
   members and (ii) is exempt under &#xA7; 501(c)(3) of the United States
   Internal Revenue Code, the Department shall exempt such organizations from the
   requirements of this subdivision.

B. Any organization whose gross receipts from all charitable gaming exceeds or
can be expected to exceed $40,000 in any calendar year shall have been granted
tax-exempt status pursuant to &#xA7; 501(c) of the United States Internal
Revenue Code. At the same time tax-exempt status is sought from the Internal
Revenue Service, the same documentation may be filed with the Department in
conjunction with an application for a charitable gaming permit. If such
documentation is filed, the Department may, after reviewing such documentation
it deems necessary, issue a charitable gaming permit.

C. A permit shall be valid only for the dates and times designated in the
permit.

HISTORY: 1995, c. 837; 1996, c. 919; 2003, c. 884; 2006, c. 644; 2009, c. 121;
2014, c. 208; 2020, c. 568; 2022, cc. 554, 609.