Virginia Code 18.2-340.36: Suspension of permit and registration
A. When any officer charged with the enforcement of the charitable gaming laws of the Commonwealth has reasonable cause to believe that the conduct of charitable gaming is being conducted by an organization in violation of this article or Department regulations, he may apply to any judge, magistrate, or other person having authority to issue criminal warrants for the immediate suspension of the permit or registration of the organization conducting charitable gaming. If the judge, magistrate, or person to whom such application is presented is satisfied that probable cause exists to suspend the permit or registration, he shall suspend the permit or registration. Immediately upon such suspension, the officer shall notify the organization in writing of such suspension.
Terms Used In Virginia Code 18.2-340.36
- charitable gaming: includes electronic gaming authorized by this article. See Virginia Code 18.2-340.16
- Conduct: means the actions associated with the provision of a gaming operation during and immediately before or after the permitted activity, which may include (i) selling bingo cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle tickets, (ii) calling bingo games, (iii) distributing prizes, and (iv) any other services provided by volunteer workers. See Virginia Code 18.2-340.16
- Department: means the Department of Agriculture and Consumer Services. See Virginia Code 18.2-340.16
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Organization: means any one of the following:
1. See Virginia Code 18.2-340.16
- permit: means a permit issued by the Department to an organization that authorizes such organization to conduct charitable gaming, and if such organization is qualified as a social organization, electronic gaming. See Virginia Code 18.2-340.16
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
B. Written notice specifying the particular basis for the immediate suspension shall be provided by the officer to the organization within one business day of the suspension and a hearing held thereon by the Department or its designated hearing officer within 10 days of the suspension unless the organization consents to a later date. No charitable gaming shall be conducted by the organization until the suspension has been lifted by the Department or a court of competent jurisdiction.
1995, c. 837; 2003, c. 884; 2022, cc. 554, 609; 2023, cc. 592, 593.