reglab/housing_qa huggingface dataset:
WV Code § 29-22B-1901 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22B. Limited Video Lottery|§29-22B-1901. Effect of This Article on Certain Taxes

§29-22B-1901. Effect of this article on certain taxes.(a) Notwithstanding any provision of this code to the contrary, persons who hold a current operator's license or a current limited video lottery retailer's license issued under this article shall be exempt from paying the taxes imposed by articles 11-15-1, et seq., and 11-15A-1, et seq., of this code on their purchases of video lottery terminals and video lottery games.(b) Notwithstanding any provision of this code to the contrary, the consideration paid by a patron of a restricted access adult-only facility to play video lottery games shall be exempt from the tax imposed by article 11-15-1, et seq., of this code.(c) Notwithstanding the provisions of section 8-13-4 of this code to the contrary, municipalities may not impose the license fees imposed by this article on manufacturers, operators, limited video lottery retailers and service technicians. Municipalities may continue to impose any other license fees they are allowed to impose under this code.(d) Notwithstanding any provision of this code to the contrary, municipalities may not impose the municipal business and occupation taxes imposed pursuant to section 8-13-5 of this code or an amusement tax imposed pursuant to section 8-13-6 of this code on the income of a permittee of video lottery terminals from income derived directly from activities conducted pursuant to the provisions of this article.(e) Notwithstanding any provision of this code to the contrary, municipalities may not impose the municipal business and occupation taxes imposed pursuant to section 8-13-5 of this code on payments a limited video lottery retailer receives from an operator of video lottery terminals for activities conducted pursuant to the provisions of this article.
WV Code § 29-22B-1902 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22B. Limited Video Lottery|§29-22B-1902. Preemption of State Laws or Local Regulation

(a) No state or local law or regulation providing any penalty, disability, restriction, regulation or prohibition for the manufacture, transportation, storage, distribution, advertising, possession or sale of any lottery video lottery terminal, games or materials or for the operation of any lottery shall apply to operations by the Lottery Commission or persons licensed pursuant to this article or operations or activities that are authorized in this article.(b) The provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict herewith: Provided, That nothing herein shall invalidate any zoning law, or Sunday closing law under article 61-10-1, et seq., of this code.(c) Nothing in this article shall be deemed to permit the operation of any lottery otherwise prohibited by the laws of this state, not owned and operated by this state and permitted by this article.
WV Code § 29-22B-1903 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22B. Limited Video Lottery|§29-22B-1903. Timing of Implementation

The Legislature finds and declares that the success of this state's implementation of video lottery operations under this article requires that the operations be phased in over a manageable transition period designed to allow careful regulation and control of the implementation of operations under this article and also to allow persons possessing devices that are declared by this article to be contraband gambling devices a reasonable opportunity to remove any existing devices from this state.
WV Code § 29-22C-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-1. Short Title

This article shall be known and may be cited as the West Virginia Lottery Racetrack Table Games Act.
WV Code § 29-22C-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-5. Appointment of Commission Staff; Conditions of Employment

(a) The director, with the approval of the commission, may appoint any professional, clerical, technical and administrative personnel, who shall be state employees hired in accordance with article six, chapter twenty-nine of this code, which the director considers necessary to carry out the provisions of this article. Prior to his or her appointment, each applicant for a position shall provide his or her fingerprints and shall undergo a thorough background investigation.(b) No commission employee may directly or indirectly hold an ownership or a financial interest in any racetrack table game license, or a supplier license, or a management services license, or in a holding company that owns the license, or in a business related to the license for federal income tax purposes, or be an applicant for any of these licenses.(c) No commission employee may knowingly wager or be paid any prize from any wager at any licensed racetrack with West Virginia Lottery table games within this state or at any facility outside this state or this country that is directly or indirectly owned or operated:(1) By a racetrack table games licensee that is licensed pursuant to this article; or(2) By any person who directly or indirectly owns the racetrack table games license.
WV Code § 29-22C-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-6. Licenses Required

(a) No person may engage in any activity in connection with a racetrack with West Virginia Lottery table games in this state for which a license is required by this article or rules of the commission unless all necessary licenses have been obtained in accordance with this article and rules of the commission.(b) Licenses are required for the following purposes:(1) For any person operating a racetrack West Virginia Lottery table game in the state;(2) For any person supplying a racetrack table games licensee with gaming equipment or gaming equipment services;(3) For any individual employed by a racetrack table games licensee in connection with the operation of West Virginia Lottery table games in the state; and(4) For any person providing management services under a contract to a racetrack table games licensee.(c) The commission may not grant a license to an applicant until the commission determines that each person who has control of the applicant also meets all of the qualifications the applicant must meet to hold the license for which application is made. The following persons are considered to have control of an applicant:(1) Each person associated with a corporate applicant, including any corporate holding company, parent company or subsidiary company of the applicant, but not including a bank or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business, who has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation;(2) Each person associated with a noncorporate applicant who directly or indirectly holds any beneficial or proprietary interest in the applicant or who the commission determines to have the ability to control the applicant; and(3) Key personnel of an applicant, including any executive, employee or agent, having the power to exercise significant influence over decisions concerning any part of the applicant's business operation.(d) Any license required by this article or rules of the commission is in addition to all other licenses or permits required by applicable federal, state or local law.
WV Code § 29-22C-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-9. State Ownership of Table Games

All table games authorized by this article shall be West Virginia lottery games owned by the State of West Virginia. A racetrack table games license granted to a pari-mutuel racetrack by the commission pursuant to this article shall include the transfer by the commission to the racetrack limited license rights in and to the commission's intellectual property ownership of the West Virginia lottery games which includes granting licensees limited lawful authority relating to the conduct of lottery table games for consideration, within the terms and conditions established pursuant to this article and any rules promulgated under this article.
WV Code § 29-22C-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-11. Reports by a Racetrack Table Games Licensee

A racetrack table games licensee shall maintain daily records showing the gross receipts and adjusted gross receipts of the racetrack from West Virginia Lottery table games and shall timely file with the commission any additional reports required by rule promulgated by the commission or required by other provisions of this code.
WV Code § 29-22C-13 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-13. License to Be Employed in a Racetrack With West Virginia Lottery Table Games

(a) Licenses. -- The commission shall issue a license to be employed in the operation of racetrack table games to a person who meets the requirements of this section.(b) License qualifications. -- To qualify for a license to be employed in the operation of West Virginia Lottery table games, the applicant shall be an individual of good moral character, honesty and integrity, and have been offered employment by the racetrack table games licensee contingent upon licensure pursuant to the provisions of this section. The commission by rule may establish different specific requirements for each job classification that may be created by the commission to recognize the extent to which a particular job classification has the ability to impact the proper operation of West Virginia Lottery table games.(c) License application requirements. -- An applicant for a license to be employed by a racetrack with West Virginia Lottery table games in a position or to perform duties for which a license is required under this article or rules of the commission shall:(1) Submit an application to the commission in the form required by the commission for each job classification 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 for deposit into the Racetrack Table Games Fund in the amount of $100. The fee may be paid on behalf of an applicant by the employer.(d) Authorization. -- A license to be employed by a racetrack with West Virginia Lottery table games permits the licensee to be employed in the capacity designated by the commission with respect to the license while the license is still active.(e) Renewal fee and form. -- Each licensed employee shall pay to the commission an annual license fee set by the commission by rule by June 30 of each year. The fee may vary based on the job classification of the applicant, but in no event shall it exceed $100. The fee may be paid on behalf of the licensed employee by the employer. In addition to a renewal fee, each licensed employee shall submit a renewal application on the form required by the commission.
WV Code § 29-22C-16 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-16. License or Registration Denial, Revocation, Suspension, and Reprimand

(a) Notwithstanding any provision of 29-22C-13(b) of this code to the contrary, the commission may deny a license or registration to any applicant, reprimand any licensee or registrant, or suspend or revoke a license or registration if the applicant, licensee, registrant, or any person having control of the applicant, licensee, or registrant:(1) Fraudulently or deceptively obtains or attempts to obtain a license or registration for the applicant, licensee, registrant, or another person;(2) Fraudulently or deceptively uses a license or registration;(3) Is or has been convicted of a felony under the laws of this state, another state, the United States, or a territory of the United States: Provided, That in the event an applicant is seeking initial licensure, the Lottery Commission shall apply 29-22C-15(d) and 29-22C-15(e) of this code in determining whether an applicants prior criminal convictions bear a rational nexus to the licensed profession; or 4) Is or has been 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: Provided, That in the event an applicant is seeking initial licensure, the Lottery Commission shall apply 29-22C-15(d) and 29-22C-15(e) of this code in determining whether an applicants prior criminal convictions bear a rational nexus to the licensed profession.(b) Instead of or in addition to reprimanding a licensee or registrant or suspending or revoking a license or registration, the commission may impose a civil penalty under 29-22C-31 of this code.
WV Code § 29-22C-17 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-17. Hearing Procedures

(a) Right to a hearing. -- Except as otherwise provided by law, before the commission takes any adverse 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 or a hearing examiner designated by 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 sent to the person by certified mail addressed to the last known address of the person at least thirty days before the hearing. The person may be represented at the hearing by legal counsel.(c) Failure to comply with subpoena. -- If a person fails to comply with a subpoena issued for purposes of 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 or provide the item or items for which a subpoena duces tecum was issued, the commission or the commission's designated hearing examiner may hear and determine the matter.(d) Appeal. -- Any person aggrieved by a final order or 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 § 29-22C-18 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-18. Notice of License Expiration and Renewal

(a) At least two months before any license issued under this article expires, the commission shall send to the licensee, by mail addressed to the last known address of the licensee, 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.
WV Code § 29-22C-19 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-19. Miscellaneous License Provisions

(a) The commission shall include on each license that it issues:(1) The type of license;(2) The identity and address of the licensee;(3) The effective date of the license;(4) For employee licenses, the picture of the licensee; and(5) Any other information the commission considers appropriate.(b) Each racetrack table games licensee, licensed supplier of a racetrack with West Virginia Lottery table games or a licensed management services provider 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 a state, local or municipal law-enforcement agency.(c) Each holder of a license to be employed by a racetrack with West Virginia Lottery table games shall carry the license on his or her person at all times when present in a racetrack with West Virginia Lottery table games 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 in accordance with the rules of the commission.(d) Each person licensed under this article shall give the commission written notice of any change of address or any change of any other information provided in the licensee's application for a license or for renewal of a license, as soon as the effective date of the change is known to the licensee but not later than thirty days after the change occurs.
WV Code § 29-22C-20 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-20. Game Rules of Play; Disputes

(a) Each racetrack licensed as an agent of the commission authorized to operate West Virginia Lottery table games shall have written rules of play for each table game it operates that are approved by the commission before the table game is offered to the public. Rules of play proposed by a racetrack table games licensee may be approved, amended or rejected by the commission.(b) All West Virginia Lottery table games shall be conducted according to the specific rules of play approved by the commission. All wagers and pay-offs of winning wagers shall be made according to those rules of play, which shall establish any limitations necessary to assure the vitality of table games operations.(c) Each racetrack table game licensee shall make available in printed form to any patron, upon request of the patron, the complete text of the rules of play of any West Virginia Lottery table game in operation at its racetrack facility, pay-offs of winning wagers and any other advice to the player required by the commission.(d) Patrons are considered to have agreed that the determination of whether the patron is a valid winner is subject to the game play rules and, in the case of any dispute, will be determined by the commission. The determination by the commission shall be final and binding upon all patrons and shall not be subject to further review or appeal.
WV Code § 29-22C-21 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-21. Betting Limits; Operations and Services

(a) Notwithstanding anything to the contrary contained elsewhere in this article, a racetrack licensee may, as agent of the commission, in the exercise of its business judgment, determine and establish with the approval of the commission, with respect to West Virginia lottery table games, the following:(1) Minimum and maximum wagers;(2) Advertising and promotional activities, and the offering of any complimentary to a player, subject to the standards provided in section twenty-three of this article and rules of the commission;(3) Hours of operation;(4) The days during which games may be played; and(5) Currency denominations accepted by any mechanical or electronic bill acceptors.(b) Notwithstanding anything to the contrary contained elsewhere in this chapter, the commission may establish the following parameters for any commission regulated lottery game of any kind which is played at a licensed racetrack:(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 racetrack can enter into with its patrons.
WV Code § 29-22C-22 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-22. Posting of Betting Limits

A racetrack table game licensee shall conspicuously post a sign at each West Virginia Lottery table game indicating the permissible minimum and maximum wagers pertaining at that table. A racetrack table games 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 racetrack table games licensee prior to the commencement of play shall be treated as a valid wager.
WV Code § 29-22C-23 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22C. West Virginia Lottery Racetrack Table Games Act|§29-22C-23. Complimentary Service, Gift, Cash or Other Item

(a) No racetrack table games licensee may offer or provide any complimentary service, gift, cash or other item of value to any person unless:(1) The complimentary consists of room, food, beverage or entertainment expenses provided directly to the patron and his or her guests by the racetrack table games licensee or indirectly to the patron and his or her guests on behalf of the licensee by a third party;(2) The complimentary consists of documented transportation expenses provided directly to the patron and his or her guests on behalf of a racetrack table games licensee by a third party, provided that the licensee complies with the rules promulgated by the commission to ensure that a patron's and his or her guests' documented transportation expenses are paid for or reimbursed only once; or(3) The complimentary consists of coins, tokens, cash or other complimentary items or services provided through any complimentary distribution program, the terms of which shall be filed with the commission upon implementation of the program or maintained pursuant to commission rule. Any change in the terms of a complimentary program shall be filed with the commission upon implementation of the change.(b) Notwithstanding any provision of subsection (a) of this section to the contrary, a racetrack table games licensee may offer and provide complimentary cash or noncash gifts that are not otherwise included in that subsection to any person: Provided, That any complimentary cash or noncash gifts in excess of an amount per trip to be set by interpretive rule of the commission, are supported by documentation regarding the reason the gift was provided to the patron and his or her guests, including where applicable a patron's player rating. The documentation shall be maintained by a racetrack table games licensee in accordance with commission rules. For purposes of this subsection, all gifts presented to a patron and a patron's guests directly by the racetrack table games licensee or indirectly on behalf of the licensee by a third party within any five-day period shall be considered to have been made during a single trip.