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WV Code § 29-25-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-8. Licenses Required

(a) No person may engage in any activity in connection with a gaming facility in this state for which a license is required by subsection (b) of this section unless that person has been licensed by the commission in accordance with this article.(b) Licenses are required for the following purposes:(1) For any person engaging in the business of operating a gaming facility in the state;(2) For any person engaging in the business of supplying a gaming facility with gaming devices, gaming supplies or gaming services;(3) For any individual employed by a gaming licensee in connection with the operation of a gaming facility in the state; and(4) For any person providing management services under a contract to a gaming facility.(c) Any license required under this article is in addition to all other licenses or permits otherwise required by law.
WV Code § 29-25-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-10. Reports by Licensee

(a) A gaming licensee shall file with the commission an annual balance sheet and profit and loss statement pertaining to the licensee's operation of a gaming facility in this state. A gaming licensee also shall file with the commission an annual statement identifying each controlling person of the licensee and all stockholders, partners, officers or directors for the licensee and any controlling person: Provided, That if a gaming licensee or controlling person is a publicly-traded corporation, then as to the publicly-traded corporation the annual report is required to identify only executive officers whose ongoing regular duties relate directly to the operation of the gaming facility. A gaming licensee shall file further reports with the commission as the commission may require by rule.(b) A gaming licensee shall maintain daily records showing the following:(1) The total number of patrons of the gaming facility; and(2) The gross receipts and the adjusted gross receipts.(c) From information provided under this subsection, from the audit described in subsection (j), section nine of this article, and from any other source available to the commission, the commission shall identify the profits made from the operation of the gaming facility and compare the profits to profits made from the operation of facilities of a similar nature in other states. Annually, the commission shall submit a report to the Joint Committee on Government and Finance setting forth the profits made in the operation of the gaming facility in this state and the results of the comparison to profits made in other states. The commission shall include in the report its recommendations for any adjustments in the taxes imposed upon the operation of a gaming facility under the provisions of this article that would be commensurate with the legislative intent to maximize taxes received from the operation of a gaming facility and minimize profits derived by a licensee from the operation of a gaming facility.
WV Code § 29-25-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-11. License to Supply Gaming Facility

(a) Licenses. -- The commission may issue a license to each applicant for a license to supply a gaming facility with gaming devices, gaming supplies or services who meets the requirements of this section.(b) License qualifications. -- To qualify for a license, an applicant shall meet the requirements of this section. Each applicant who is an individual who is a controlling person of an applicant that is not an individual shall be of good moral character and reputation and shall have the necessary experience and financial ability to successfully carry out the functions of a gaming facility supplier. The commission may adopt rules establishing additional requirements for a gaming facility supplier.(c) Supplier specification. -- An applicant for a license to supply gaming devices, equipment and supplies to a gaming facility shall demonstrate that the gaming devices, equipment and supplies that the applicant plans to sell or lease to the licensed operator of the gaming facility, conform or will conform to standards established by rules of the commission and applicable state law.(d) License application requirements. -- An applicant for a license shall:(1) Submit an application to the commission on the form that the commission requires including adequate information to serve as a basis for a thorough background check;(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and(3) Pay to the commission a nonrefundable application fee in the amount of $100 to be retained by the commission as reimbursement for the licensing process.(e) Authorization of licensee. -- A license to supply a gaming facility authorizes the licensee to engage in the business of selling gaming devices and supplies to a gaming facility while the license is effective.(f) Inventory. -- A licensed gaming facility supplier shall submit to the commission a list of all equipment, gaming devices and supplies sold or delivered to a gaming facility in this state when required by the commission.(g) Annual license renewal fee. -- A licensed gaming facility supplier shall pay to the commission an annual license renewal fee of $100.
WV Code § 29-25-12 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-12. License to Be Employed by Operator of Gaming Facility

(a) Licenses. -- The commission shall issue a license to each applicant for a license to be employed in the operation of a gaming facility who meets the requirements of this section.(b) License qualifications. -- To qualify for a license to be employed in a gaming facility, the applicant shall be an individual of good moral character and reputation and have been offered employment by the gaming facility contingent upon licensure pursuant to the provisions of this section. The commission, by rule, may specify additional requirements to be met by applicants based on the specific job classification in which the applicant is to be employed.(c) License application requirements. -- An applicant for a license to be employed in the operation of a gaming facility shall:(1) Submit an application to the commission on the form that the commission requires, including adequate information to serve as a basis for a thorough background check;(2) Submit fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation. The fingerprints shall be furnished by all persons required to be named in the application and shall be accompanied by a signed authorization for the release of information by the Criminal Investigation Bureau and the Federal Bureau of Investigation. The commission may require any applicant seeking the renewal of a license or permit to furnish fingerprints for a national criminal records check by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation; and(3) Pay to the commission a nonrefundable application fee in the amount of $100 to be retained by the commission as reimbursement for the licensing process. This fee may be paid on behalf of the applicant by the employer.(d) Authorization of licensee. -- A license to be employed by a gaming facility authorizes the licensee to be so employed in the capacity designated by the commission with respect to the license while the license is effective.(e) Annual license renewal fee. -- Each licensed employee shall pay to the commission an annual license renewal fee set by the commission, which renewal fee may vary based on the capacity designated with respect to the licensee but in no event to exceed $100. The fee may be paid on behalf of the licensed employee by the employer.
WV Code § 29-25-14 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-14. Licenses; Availability for Inspection; Change of Address

(a) The commission shall include on each license that the commission issues:(1) The type of license;(2) The identity and address of the licensee;(3) The effective date of the license; and(4) Any other information the commission considers appropriate.(b) Each gaming licensee or licensed supplier of a gaming facility shall display the license conspicuously in its place of business or have the license readily available for inspection at the request of any agent of the commission or of the State Police. Each holder of a license to be employed by a gaming facility shall carry the license on his or her person at all times when present in a gaming facility and, if required by rules adopted by the commission with respect to the particular capacity in which the licensee is employed, have some indicia of licensure prominently displayed on his or her person.(c) Each licensee shall give the commission written notice of any change of address and any other relevant information necessary for the maintenance of accurate records by the commission.
WV Code § 29-25-15 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-15. Expiration Date and Renewal of Gaming License

(a) A license expires on the fifth anniversary of its effective date, unless the license is renewed for additional five-year terms as provided in this section.(b) At least two months before a license expires, the commission shall send to the licensee, by mail to the last known address, a renewal application form and notice that states:(1) The date on which the current license expires;(2) The date by which the commission must receive the renewal application for the renewal to be issued and mailed before the existing license expires; and(3) The amount of the renewal fee.(c) Before the license expires the licensee may renew it for successive additional five-year terms if the licensee:(1) Otherwise is entitled to be licensed;(2) Pays to the commission the following renewal fee:(A) The sum of $25,000 for a license to operate a gaming facility;(B) The sum of $5,000 for a license to supply a gaming facility; and(C) As set by the commission by rule in the case of a license to be employed by an operator of a gaming facility, not to exceed $300, which renewal fee may be paid on behalf of the licensee by the employer; and(3) Submits to the commission a renewal application in the form that the commission requires accompanied by satisfactory evidence of compliance with any additional requirements set by rules of the commission for license renewal; and(4) Submits to the commission evidence satisfactory to the commission of the gaming facility operator's compliance with the plan described in subdivision (4), subsection (b), section nine of this article to create at least one hundred full-time equivalent positions with a salary and benefit package commensurate with existing employees at the historic resort hotel. Notwithstanding any provision of subsection (d) of this section, the failure to substantially comply with the plan, as determined by the commission, may constitute grounds for the denial of the renewal of the license.(d) The commission shall renew the license of each licensee who meets the requirements of this section.
WV Code § 29-25-16 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-16. License Denial, Revocation and Reprimand

(a) The commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee, or any controlling person of the applicant or license:(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;(2) Fraudulently or deceptively uses a license;(3) Is convicted of a felony under the laws of this state, another state, a territory of the United States or the United States;(4) Is convicted of a misdemeanor under the laws of this state, another state, the United States or a territory of the United States for gambling or a gambling-related activity; or(5) Is not complying with this act, the rules or the minimum internal control standards promulgated by the commission or the gaming facility.(b) Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the commission may impose a civil penalty under section twenty-seven of this article.
WV Code § 29-25-17 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-17. Hearing Procedures

(a) Right to a hearing. -- Except as otherwise provided by law, before the commission takes any action involving a licensee under the provisions of this article, it shall give the persons against whom the action is contemplated an opportunity for a hearing before the commission.(b) Notice of hearing and right to counsel. -- The commission shall give notice and hold the hearing in accordance with article five, chapter twenty-nine-a of this code. The notice shall be given to the person by certified mail to the last known address of the person at least thirty days before the hearing. The person may be represented at the hearing by counsel.(c) Failure to comply with subpoena. -- If a person fails to comply with a subpoena issued under this section, on petition of the commission, the circuit court may compel obedience to the subpoena. If after due notice the person against whom the action is contemplated fails or refuses to appear, the commission may hear and determine the matter.(d) Appeal. -- Any person aggrieved by a final decision of the commission in a contested case may file a petition for appeal in the circuit court of Kanawha County within thirty days after the person received notice of the final order or decision, as provided in section four, article five, chapter twenty-nine-a of this code.
WV Code § 29-25-18 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-18. Inspection and Seizure

As a condition of licensure, to inspect or investigate for criminal violations of this article or violations of the rule promulgated by the commission, the commission agents and the West Virginia State Police may each, without notice and without warrant:(1) Inspect and examine all premises of the gaming facility with West Virginia Lottery table games, gaming devices, the premises where gaming equipment is manufactured, sold, distributed or serviced or any premises in which any records of the activities are prepared or maintained;(2) Inspect any gaming equipment in, about, upon or around the premises of a gaming facility with West Virginia Lottery table games;(3) Seize summarily and remove from the premises and impound any gaming equipment for the purposes of examination, inspection or testing;(4) Inspect, examine and audit all books, records and documents pertaining to a gaming facility licensee's operation;(5) Summarily seize, impound or assume physical control of any book, record, ledger, West Virginia Lottery table game, gaming equipment or device, cash box and its contents, counting room or its equipment or West Virginia Lottery table game operations; and(6) Inspect the person, and the person's personal effects present on the grounds of a licensed gaming facility with West Virginia Lottery table games, of any holder of a license issued pursuant to this article while that person is present on the grounds of a licensed gaming facility having West Virginia Lottery table games.
WV Code § 29-25-19 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-19. Consent to Presence of Law-Enforcement Officers; Wagering Limits; Operations and Services; Posting of Betting Limits

(a) Consent to presence of law-enforcement officers. -- Any individual entering the gaming facility shall be advised by the posting of a notice or other suitable means of the possible presence of state, county or municipal law-enforcement officers and by entering the gaming facility impliedly consents to the presence of the law-enforcement officers.(b) Commission discretion in gaming operations. –– Video lottery terminals operated at the gaming facility may allow minimum and maximum wagers on a single game the amounts determined by the license in the exercise of its business judgment subject to the approval of the commission.(1) Subject to the approval of the commission, the gaming facility licensee shall, with respect to West Virginia Lottery table games, establish the following:(A) Maximum and minimum wagers;(B) Advertising and promotional activities;(C) Hours of operation; (D) The days during which games may be played; and(2) The commission may consider multiple factors, including, but not limited to, industry standards, outside competition and any other factors as determined by the commission to be relevant in its decision to approve the gaming facility's determination of those items listed in subdivision (1) of this subsection.(c) Setting of operations. -– Notwithstanding anything to the contrary contained elsewhere in this chapter, the commission may establish the following parameters for commission regulated lottery games of any kind which is played at a licensed gaming facility:(1) Minimum and maximum payout percentages;(2) Any probability limits of obtaining the maximum payout for a particular play; and(3) Limitations on the types and amounts of financial transactions, including extension of credit to a patron, which a gaming facility can enter into with its patrons.(d) Posting of betting limits. -- A gaming facility shall conspicuously post a sign at each West Virginia Lottery table game indicating the permissible minimum and maximum wagers pertaining at that table. A gaming facility licensee may not require any wager to be greater than the stated minimum or less than the stated maximum. However, any wager actually made by a patron and not rejected by a gaming facility licensee prior to the commencement of play shall be treated as a valid wager.
WV Code § 29-25-20 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-20. Accounting and Reporting of Gross Terminal Income; Distribution

The licensed gaming facility shall submit thirty-six percent of the gross terminal income from video lottery games at the licensed gaming facility to the commission through electronic funds transfer to be deposited into the Historic Resort Hotel Fund created in section twenty-two of this article. The licensed gaming facility shall also submit seventeen percent of the gross terminal income from video lottery games at the licensed gaming facility to the commission through electronic funds transfer to be deposited into the Human Resource Benefit Fund created in section twenty-two-a of this article. Each of these submissions shall be made to the commission weekly. The gaming licensee shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission. The gaming licensee shall provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds.
WV Code § 29-25-22b (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-22b. Changes in Distribution of Adjusted Gross Receipts and Additional Income; Distributions From Excess Lottery Fund

(a) Notwithstanding any provision of section twenty-two of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, after payment of the commission's expenses pursuant to subsection (b), section twenty-two of this article, each distribution made in subsection (c), section twenty-two of this article from gross terminal income, and each distribution of the balance of the Historic Resort Hotel Fund made in subsection (d), section twenty-two of this article, except subdivisions (4), (5) (6), (7) and (8) of that subsection, shall be reduced by one hundred percent. Payments shall not be made pursuant to section twenty-two of this article, other than those excepted by this subsection, and are made in lieu thereof in an amount to be determined by appropriation from the State Excess Lottery Revenue Fund.(b) The total amount of reductions resulting from subsection (a) of this section shall be paid into the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, moneys deposited to the State Excess Lottery Revenue Fund pursuant to this section shall be expended by the Lottery in accordance with appropriations.(d) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess Lottery Fund shall first be paid in accordance with the provisions of section eighteen-a, eighteen-d and eighteen-e, article twenty-two of this chapter and in the priority as defined by subsection (c), section eighteen-f, article twenty-two of this chapter.(e) Notwithstanding any other provision of this code to the contrary, after payment of debt service from the State Excess Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the distributions appropriated pursuant to this section shall be paid on a pro rata basis.
WV Code § 29-25-24 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 25. Authorized Gaming Facility|§29-25-24. Individual Gaming Restrictions

(a) An individual may enter a designated gaming area or remain in a designated gaming area only if the individual:(1) Is either;(A) A registered overnight guest at the historic resort hotel on whose premises the gaming facility is located;(B) A person who is a not a registered overnight guest, but is a registered participant at a convention or event being held at the historic resort hotel: Provided, That this paragraph does not apply on any calendar day when less than four hundred guest rooms are occupied at the historic resort hotel; or(C) A member of a homeowner or facility association that entitles members to substantial privileges at the historic resort hotel on whose premises the gaming facility is located or an overnight guest of such a member: Provided, That the association was in existence as of April 1, 2009;(2) Is at least twenty-one years of age;(3) Is not visibly intoxicated;(4) Has not been determined by the gaming facility operator or the commission to be unruly, disruptive or otherwise interfering with operation of the gaming facility; or to be likely to commit, or to attempt to commit, a violation of this article; and(5) Has not been barred by the commission from entering a gaming facility.(b) Notwithstanding any provisions of this code to the contrary, no employee of the commission or any member of his or her immediate household may wager at the gaming facility, and no licensed limited gaming facility employee may wager on any table game at the limited gaming facility.