CHARLESTON, W.V.—Today, Attorney General Darrell V. McGraw, Jr. issued an opinion regarding the use of charitable raffle ticket dispenser machines by charitable raffle licensees. The Attorney General’s opinion was issued pursuant to a request from West Virginia Tax Commissioner Christopher G. Morris. The Tax Commissioner sought guidance on whether such machines are permissible under West Virginia law and, if so, whether the Tax Commissioner has the authority to require that the machines meet specified criteria in order to satisfy West Virginia’s charitable gaming laws.
The opinion answers the Commissioner’s request in the affirmative and provides that the Tax Commissioner is charged with administering charitable gaming in West Virginia and thus it is proper for the Commissioner to interpret the charitable gaming laws to that end.
Tax Commissioner Morris issued the following statement after reviewing the opinion:
“I’d like to express my appreciation to the Attorney General, and his staff, for their thorough review and quick response to my request for guidance on this complex issue.
“Based upon the Attorney General’s opinion, the State Tax Department will immediately reach out to all charitable licensees with charitable raffle ticket dispenser machines in order to ensure that these entities and their machines are compliant with West Virginia’s charitable gaming laws.”