|§ 59.1-336||Short title and definitions|
|§ 59.1-337||Injunctive relief|
|§ 59.1-338.1||Attorneys’ fees|
|§ 59.1-339||Preservation of secrecy|
|§ 59.1-340||Statute of limitations|
|§ 59.1-341||Effect on other law|
|§ 59.1-343||Time of taking effect|
Terms Used In Virginia Code > Title 59.1 > Chapter 26 - Uniform Trade Secrets Act
- Bingo: means a specific game of chance played with (i) individual cards having randomly numbered squares ranging from one to 75, (ii) Department-approved electronic devices that display facsimiles of bingo cards and are used for the purpose of marking and monitoring players' cards as numbers are called, or (iii) Department-approved cards, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. See Virginia Code 18.2-340.16
- Bona fide member: means an individual who participates in activities of a qualified organization other than such organization's charitable gaming activities. See Virginia Code 18.2-340.16
- charitable games: means those raffles, Texas Hold'em poker tournaments, and games of chance explicitly authorized by this article. See Virginia Code 18.2-340.16
- charitable gaming: includes electronic gaming authorized by this article. See Virginia Code 18.2-340.16
- Charitable gaming supplies: includes bingo cards or sheets, devices for selecting bingo numbers, instant bingo cards, pull-tab cards and seal cards, playing cards for Texas Hold'em poker, poker chips, and any other equipment or product manufactured for or intended to be used in the conduct of charitable games. See Virginia Code 18.2-340.16
- Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services. 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
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Agriculture and Consumer Services. See Virginia Code 18.2-340.16
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Electronic gaming adjusted gross receipts: means the gross receipts derived from electronic gaming less the total amount in prize money paid out to players. See Virginia Code 18.2-340.16
- Electronic gaming manufacturer: means a manufacturer of electronic devices used to conduct electronic gaming. See Virginia Code 18.2-340.16
- Fair market rental value: means the rent that a rental property will bring when offered for lease by a lessor who desires to lease the property but is not obligated to do so and leased by a lessee under no necessity of leasing. See Virginia Code 18.2-340.16
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Gaming expenses: means prizes, supplies, costs of publicizing gaming activities, audit and administration or permit fees, and a portion of the rent, utilities, accounting and legal fees, and such other reasonable and proper expenses as are directly incurred for the conduct of charitable gaming. See Virginia Code 18.2-340.16
- Gross receipts: means the total amount of money generated by an organization from charitable gaming before the deduction of expenses, including prizes. See Virginia Code 18.2-340.16
- Improper means: includes theft, bribery, misrepresentation, use of a computer or computer network without authority, breach of a duty or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Virginia Code 59.1-336
- 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
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jackpot: means a bingo game that the organization has designated on its game program as a jackpot game in which the prize amount is greater than $100. See Virginia Code 18.2-340.16
- 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.
- Landlord: means any person or his agent, firm, association, organization, partnership, or corporation, employee, or immediate family member thereof, which owns and leases, or leases any premises devoted in whole or in part to the conduct of bingo games or other charitable gaming pursuant to this article, and any person residing in the same household as a landlord. See Virginia Code 18.2-340.16
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Management: means the provision of oversight of a gaming operation, which may include the responsibilities of applying for and maintaining a permit or authorization, compiling, submitting, and maintaining required records and financial reports, and ensuring that all aspects of the operation are in compliance with all applicable statutes and regulations. See Virginia Code 18.2-340.16
- Misappropriation: means :
1. See Virginia Code 59.1-336
- Network bingo: means a specific bingo game in which pari-mutuel play is permitted. See Virginia Code 18.2-340.16
- Network bingo provider: means a person licensed by the Department to operate network bingo. See Virginia Code 18.2-340.16
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Operation: means the activities associated with production of a charitable gaming or electronic gaming activity, which may include (i) the direct on-site supervision of the conduct of charitable gaming and electronic gaming; (ii) coordination of volunteers; and (iii) all responsibilities of charitable gaming and electronic gaming designated by the organization's management. See Virginia Code 18.2-340.16
- Organization: means any one of the following:
1. See Virginia Code 18.2-340.16
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Virginia Code 59.1-336
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Qualified organization: means any organization to which a valid permit has been issued by the Department to conduct charitable gaming or any organization that is exempt pursuant to § 18. See Virginia Code 18.2-340.16
- Raffle: means a lottery in which the prize is won by (i) a random drawing of the name or prearranged number of one or more persons purchasing chances or (ii) a random contest in which the winning name or preassigned number of one or more persons purchasing chances is determined by a race involving inanimate objects floating on a body of water, commonly referred to as a "duck race. See Virginia Code 18.2-340.16
- Reasonable and proper business expenses: means business expenses actually incurred by a qualified organization in the conduct of charitable gaming and not otherwise allowed under this article or under Department regulations on real estate and personal property tax payments, travel expenses, payments of utilities and trash collection services, legal and accounting fees, costs of business furniture, fixtures and office equipment and costs of acquisition, maintenance, repair, or construction of an organization's real property. See Virginia Code 18.2-340.16
- seal cards: means specific games of chance played by the random selection of one or more individually prepacked cards with winners being determined by the preprinted or predetermined appearance of concealed letters, numbers, or symbols that must be exposed by the player to determine wins and losses and may include the use of a seal card that conceals one or more numbers or symbols that have been designated in advance as prize winners. See Virginia Code 18.2-340.16
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Supplier: means any person who offers to sell, sells, or otherwise provides charitable gaming supplies to any qualified organization. See Virginia Code 18.2-340.16
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trade secret: means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that:
1. See Virginia Code 59.1-336