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VA Casinoemerregs TITLE 11 – Gaming Agency 5 – Virginia Lottery Board 11VAC5-90 – Casino Gaming 10 Definitions 20 Unclaimed Jackpots 30 Waiver Request 40 Licenses and Permits Generally 50 Investigations 60 Applications for and Issuance of Facility Operator’s License 70 Applications for and Issuance of Supplier Permits 80 Applications for and Issuance of Service Permits 90 Enforcement 100 General Facility Operator Requirements 110 Casino Gaming Facility Minimum Internal Control Standards 120 Casino Gaming Facility Standards 130 On-premises Mobile Casino Gaming 140 Transportation and Testing of Gaming Machines and Equipment 150 Slot Machines 160 Mechanical Casino Games 170 Table Games Definitions and Equipment 180 Table Games Procedures TITLE 11 – Gaming Agency 5 – Virginia Lottery Board 11VAC5-90 – Casino Gaming 11 VAC 5-90-10 Definitions The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. “Adjusted gross receipts" means the gross receipts from casino gaming less winnings paid to winners. “Administrative process act” means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. February 3, 2021 1 “Applicant” means a person who has submitted an application to the board. “Application” means a written request for a license or permit that has been submitted to the board. “Associated equipment” means hardware located on a facility operator’s premises that is connected to the slot machine system for the purpose of performing communication, validation, or other functions, but not including the communication facilities of a regulated utility or the slot machines. “Average payout percentage” means the average percentage of money used by players to play a slot machine or mechanical casino game that is returned to players of that game. “Background investigation” means a security, criminal, and credit investigation of a person who applies for or who is granted a license or permit under this chapter. “Board” means the Virginia Lottery Board established in the Virginia Lottery Law (§ 58.1-4100 et seq.). “Cashable credit” means a credit on a casino game that activates play and is convertible to cash at the conclusion of play. “Casino gaming” or “casino game” or “game” means baccarat, blackjack, twenty-one, poker, craps, dice, slot machines, roulette wheels, Klondike tables, punchboards, faro layouts, numbers tickets, push cards, jar tickets, or pull tabs and any other activity that is authorized by the board as a wagering game or device under this chapter. “Casino gaming” or “Casino game” or “game” includes on-premises mobile casino gaming. “Casino gaming law” or “gaming law” means Chapter 41 (§ 58.1-4030 et seq.) of Title 58.1 of the Code of Virginia. “Casino gaming machine” means an electronic or mechanical device approved by the department that a player may use to gamble without the assistance of a dealer or other casino employee. “Cheat” or “cheating” means to alter the selection criteria that determine the result of a game or the amount or frequency of payment in a game for the purpose of obtaining an advantage for one or more participants in a game over other participants in a game. “Central monitor and control system” means a centralized computer system maintained or operated by or on behalf of the department that allows the department to monitor electronic gameplay and measure its share of gross revenue with respect to those games. “Civil penalty” or “penalty” means a monetary enforcement action that the director or the board may impose on a licensee or permit holder under the casino gaming law and this chapter. “Concessionaire” means a person who provides to a facility operator those services that do not require a supplier permit. February 3, 2021 2 “Contractor” means a person or individual, other than an employee of a facility operator, who contracts with a facility operator or other person to: 1. Manage or operate a facility; 2.Provide security for a facility; 3. Perform service, maintenance, or repairs of a slot machine, mechanical casino game, table game device, central operating system, associated equipment, or software; 4. Own or control a person described in subdivision 1 – 3; 5. Provide junket enterprise services; or 6 Provide any other service that is essential to operation of a casino gaming facility. “Control” means the authority to direct the management and policies of an applicant, licensee, or permit holder. “Controlling entity” means an entity that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract, by beneficial ownership, or otherwise. “Date of final action on a denial” means: 1. If, after the director sends written notice of license or permit denial or recommendation of denial, an applicant fails to timely request a reconsideration meeting, the date of the director’s written notice; 2. If, after a reconsideration meeting, an applicant fails to timely request a board hearing, the date of the director’s written notice after the reconsideration meeting; or 3. If the board holds a hearing on an appeal of the director’s license, or permit denial or reconsideration of such a denial, the date of the board’s written decision. “Date of final action on a civil penalty or sanction” means: 1. If, after the director sends a deficiency notice under the department’s regulations, a licensee or permit holder fails to submit a timely, acceptable corrective action plan, the date the board adopts as final the director’s deficiency notice; or 2. If the board holds a hearing on the director’s recommendation to impose a civil penalty or sanction, the date of the board’s written decision. “Dealer” means an employee of a facility operator whose primary function is to directly operate and conduct table games. February 3, 2021 3 “Department” or “lottery” means the Virginia Lottery Department, the independent department responsible under the casino gaming law for the administration of the casino gaming program in the Commonwealth of Virginia. “Director” means the Executive Director of the Virginia Lottery or the director's designees. “Eligible host city” or “host city” means a city described in § 58.1-4107 of the Code of Virginia in which a casino gaming establishment is authorized to be located. “Entity” means a person that is not a natural person. “Facility” or “casino gaming facility” or “casino gaming establishment” means the premises upon which lawful casino gaming is authorized and licensed under the casino gaming law and this chapter of the Virginia Administrative Code and does not include a riverboat or similar vessel. “Facility operator” or “casino gaming operator” means a person who operates or manages the operation of a casino gaming establishment. “Facility operator’s license” means the authority given by the board to a facility operator for the legal operation of casino gaming. “Facility operator’s slot machine management system” means the collective hardware, software, communications technology, and other ancillary equipment owned or leased by a facility operator to collect, monitor, interpret, analyze, authorize, issue, redeem, report, and audit data with regard to activity at slot machines, including, but not limited to, a: 1. Casino management system; 2. Gaming ticket system; 3. Promotional play system; 4. Player tracking system; and 5. Slot machine data system. “Fill” means the distribution of gaming chips, coins, and plaques to a gaming table to replenish the table inventory. “Floorperson” means an employee of a facility operator whose primary function is to supervise the conduct of table games at multiple tables on the gaming floor. “Gaming chip” means a roulette chip, poker rake chip, tournament chip, or value chip. “Gaming day” means a period of time determined by the department not to exceed 24 hours marking the beginning and ending times of gaming activities for the purposes of accounting reports and determination by the central monitor and control system of daily proceeds. “Gaming employee” means an individual who: February 3, 2021 4 1. Is or is seeking to be employed by an applicant for or holder of an operation license, and whose duties relate or will relate to the operation of a facility, and who performs or supervises or will perform or supervise the performance of: a. Operating, servicing, or maintaining a casino gaming machine, table game, or associated equipment; b. Accounting, maintaining, or auditing a facility's financial records; c. Counting or processing casino gaming machine or table game revenue; d. Conducting security or surveillance in or around a facility; or e. Operating or maintaining a facility's information systems; 2. Is employed by a permit holder and whose duties directly relate to the repair, service or distribution of a casino gaming machine, table game, or associated equipment, or is otherwise required to be present on the gaming floor or in a restricted area of the facility; 3. Is employed by a permit holder as a junket representative; 4. Is otherwise required by the department to hold a service permit as a gaming employee. “Gaming floor” means that part of a facility where casino gaming machines or table games have been installed for use or play. “Gaming operation” means the conduct of authorized casino gaming within a casino gaming establishment. “Gaming ticket” means an instrument that upon insertion into a bill validator entitles the player inserting the gaming ticket to credits on a gaming machine corresponding to the amount printed on the gaming ticket. “Gaming ticket system” means the collective hardware, software, communications technology, and other ancillary equipment owned or leased by a facility operator to facilitate the issuance or redemption of a gaming ticket. “Gross receipts” means the total amount of money exchanged for the purchase of chips, tokens, or electronic cards by casino gaming players.
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