reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-18f. Backup Pledge of Bonds Supported by the State Lottery Fund and the State Excess Lottery Revenue Fund; Payment of Bond Debt Service

(a) Any and all remaining funds in the State Excess Lottery Revenue Fund after payment of debt service pursuant to sections eighteen-a, eighteen-d, and eighteen-e of this article shall be made available to pay debt service in connection with any revenue bonds issued pursuant to section eighteen of this article, if and to the extent needed for such purpose from time to time.
(b) Notwithstanding any other provision of this code to the contrary, after first satisfying the requirements for funds dedicated to pay debt service in accordance with bonds payable from the State Lottery Fund pursuant to section eighteen of this article, any and all remaining funds in the State Lottery Fund shall be made available to pay debt service in connection with revenue bonds issued pursuant to sections eighteen-a, eighteen-d, and eighteen-e, of this article, if and to the extent needed for such purpose from time to time.
(c) Notwithstanding the provisions of subsection (h), section eighteen-a of this article, when bonds are issued for projects under subsection (d) or (e) of section eighteen-a of this article, or for the School Building Authority, infrastructure pursuant to section eighteen-d of this article, higher education, or state park improvements pursuant to section eighteen-e of this article that are secured by profits from lotteries deposited in the State Excess Lottery Revenue Fund, the Lottery Director shall allocate first to the Economic Development Project Fund an amount equal to one tenth of the projected annual principal, interest and coverage requirements on any and all revenue bonds issued, or to be issued as certified to the Lottery Director; and second, to the fund or funds from which debt service is paid on bonds issued under section eighteen-a of this article for the School Building Authority, infrastructure pursuant to section eighteen-d of this article, higher education, and state park improvements pursuant to section eighteen-e of this article an amount equal to one tenth of the projected annual principal, interest and coverage requirements on any and all revenue bonds issued, or to be issued as certified to the Lottery Director. In the event there are insufficient funds available in any month to transfer the amounts required pursuant to this subsection, the deficiency shall be added to the amount transferred in the next succeeding month in which revenues are available to transfer the deficiency.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-19. Post Audit of Accounts and Transactions of Office

Before July 1, 2001 and at least every two fiscal years thereafter, the Legislative Auditor shall conduct a post audit of all accounts and transactions of the state lottery office. The cost of the audit shall be paid out of the state Lottery Fund moneys designated for payment of operating expenses. The commission shall have an annual audit performed by an independent certified public accountant, and the audits may be accepted by the Legislative Auditor in lieu of performance of its post audit.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-20. Monthly and Annual Reports

(a) The director shall, upon the twentieth day of each month, provide the Joint Committee on Government and Finance of the Legislature with a report reviewing the lottery operations, including, but not limited to, the amount of gross sales, the amount of net profit, the types of games being played, the number of licensed sales agents, the names and amounts of winners and any other information requested by the Legislature or by the Joint Committee on Government and Finance.
(b) The director shall, no later than the tenth day of each regular session of the Legislature, provide to the Legislature, legislative Auditor, Governor and State Treasurer an annual report focused upon subjects of interest concerning lottery operations, including, but not limited to, an annual financial analysis of the lottery operations, a discussion of the types of games played and revenues generated, a statement of expenditures for the last fiscal year, a summary of the benefit programs and recommendations to the Legislature.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-24. Disclosures by Vendors and Related Persons and Entities of Political Contributions

(a) For purposes of this section:
"Vendor" means any person required to make any disclosure under the provisions of section twenty-three of this article.
"Major procurement" has the same meaning as set out in section twenty-three of this article.
(b) Prior to the submission of the initial bid or proposal, and on or before July 1, of each year thereafter, a vendor who is submitting an initial bid or proposal to, or who has submitted such within the preceding twelve months to, or who has a current contract with, the state Lottery Commission or any state agency, board or commission or political subdivision, for any major procurement, shall file with the Secretary of State a detailed itemized disclosure statement, subscribed and sworn to before an officer authorized to administer oaths, setting forth each contribution to any local, state or federal political candidate or political committee in this state, made in the preceding three years, or a statement that no such contributions have been made.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-25. 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 tickets or materials or for the operation of any lottery shall apply to authorized operations by or for the state lottery or commission.
(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 ten, chapter sixty-one 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.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-27. Penalties for Criminal Violations

(a) Any person violating any of the provisions of this article, except sections eleven and twelve of this article, is guilty of a misdemeanor, and, upon conviction thereof, for the first offense, shall be fined not less than one hundred nor more than $500, or imprisoned in the county jail not more than one year, or both fined and imprisoned.
(b) Any person violating any of the provisions of this article, except sections eleven and twelve of this article, shall, for the second offense, be guilty of a felony, and, upon conviction thereof, shall be fined not more than $1,000, or be imprisoned in the penitentiary for not less than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-27a. Payment of Prizes to the Bureau for Child Support Enforcement

(a) Upon notification by the Bureau for Child Support enforcement that a person who is entitled to all or part of a lottery prize is delinquent in the payment of child support or spousal support, the director shall forward to the Bureau for Child Support enforcement the prize or portion to be distributed directly from the state lottery office that is available to be applied to the delinquent support payment.
(b) The director shall enter into a written agreement with the Bureau for Child Support enforcement for the purpose of establishing a procedure for the collection of prizes as set forth in subsection (a) of this section. The director shall include in the agreement a method by which the Bureau for Child Support enforcement will receive the names of lottery winners as expeditiously as possible.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22. State Lottery Act › §29-22-29. Moneys Transferred or Allocated to Nongovernmental Entities Are State Moneys and Have Been So in the Past; Right to Audit State Moneys Transferred to Nongovernmental Entities

(a) Moneys transferred by the commission under provisions of this article and articles twenty-two-a, twenty-two-b, twenty-two-c and twenty-five of this chapter to nongovernmental recipients, are state moneys and have been state moneys in prior fiscal periods.
(b) All nongovernmental entities that have received state moneys as described in subsection (a) of this section are subject to audit by the commission. An audit provided for by this section may be conducted by employees or agents of the commission. An audit provided for by this section may also be conducted by the Legislative Auditor.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-4. Video Lottery Games Authorized

The state Lottery Commission is authorized to implement and operate video lottery games at pari-mutuel racing facilities in this state in accordance with the provisions of this article and the applicable provisions of article twenty-two of this chapter. The provisions of article twenty-two of this chapter apply to this article, except in the event of conflict or inconsistency between any of the provisions of this article and the provisions of article twenty-two of this chapter. In that event, the provisions of this article shall supersede any conflicting or inconsistent provisions contained in article twenty-two of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-10a. Lottery Commission Income to Be Deposited in State Lottery Fund

Notwithstanding the provisions of subdivision one, subsection (c), section ten of this article, beginning on July 1, 1995 and continuing thereafter, the net terminal income received by the commission shall be paid into the state Lottery Fund created by section eighteen, article twenty-two of this chapter, to be appropriated by the Legislature: Provided, That income deposited pursuant to this section shall not be subject to the provisions of subsections (b), (c), (d) or (e), section eighteen, article twenty-two of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-10c. Surcharge; Capital Reinvestment Fund

(a) For all fiscal years beginning on or after July 1, 2001, there shall be imposed a surcharge of ten percent against the excess of total net terminal income generated from a licensed racetrack for that fiscal year over total net terminal income from that licensed racetrack for the fiscal year ending June 30, 2001.
(b) A Capital Reinvestment Fund is hereby created within the Lottery Fund. Forty-two percent of the surcharge amount attributable to each racetrack shall be retained by the commission and deposited into a separate Capital Reinvestment Account for that licensed racetrack. For each dollar expended by a licensed racetrack for capital improvements at the racetrack, at the location of any amenity associated with the licensed racetrack's destination resort facility operations, or at adjacent facilities owned by the licensee, having a useful life of three or more years and placed in service after April 1, 2001, the licensed racetrack shall receive $1 in recoupment from its Capital Reinvestment Fund Account: Provided, That in the case of thoroughbred horse tracks, four cents of every dollar in recoupment shall be reserved into a separate account, which shall only be spent on capital improvements and upgrading to facilities used for the housing and care of horses, facilities located inside the perimeter of the racing surface, including the surface thereof, facilities used for housing persons responsible for the care of horses, and that any such capital improvements and upgrading shall be subject to recoupment under this section only if they have been approved by the Horsemen's Benevolent and Protective Association acting on behalf of the horsemen: Provided, however, That in the case of greyhound race tracks, four cents of every dollar in recoupment shall be spent on capital improvements and upgrading in the kennel area or other areas at the track. If a licensed racetrack's unrecouped capital improvements exceed its capital reinvestment fund account at the end of any fiscal year, the excess improvements may be carried forward to fifteen subsequent fiscal years.
(c) Fifty-eight percent of the surcharge amount plus any moneys remaining in a racetrack's Capital Reinvestment Fund Account at the end of any fiscal year shall be deposited in the State Excess Lottery Revenue Fund created in section eighteen-a, article twenty-two of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-10f. Changes in Distribution of Surcharge

(a) Notwithstanding any provision of subsection (b), section ten-c of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution made pursuant to section ten-c of this article shall be reduced by ten percent.
(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.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-10g. Redirection of Certain Amounts From Net Terminal Revenue

(a) The Governor may, by Executive Order, redirect seventy-five percent of the deposits of revenues derived from net terminal income imposed under this article, for any period commencing after June 30, 2017, and ending before July 1, 2018, to the General Revenue Fund, instead of to the funds otherwise mandated in this article, in article two-d, chapter twenty-three of this code or in any other provision of this code, until certification of the Governor to the Legislature that an independent actuary has determined that the unfunded liability of the Old Fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety.
(b) The Governor is authorized to redirect deposits of revenues, pursuant to subsection (a) of this section, notwithstanding the following provisions of code:
(1) Paragraph (B), subdivision (9), subsection (c), section ten of this article;
(2) Paragraph (B), subdivision (9), subsection (a), section ten-b of this article;
(3) Subdivision (1), subsection (g), section ten-d of this article;
(4) Subdivision (1), subsection (f), section ten-e of this article; or
(5) Any other provision of this code to the contrary.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-12. Number and Location of Video Lottery Terminals Security

(a) A racetrack which has been licensed to conduct video lottery games has the right to install and operate up to four hundred video lottery terminals at a licensed racetrack. A licensed racetrack may apply to the commission for authorization to install and operate more than four hundred video lottery terminals. If the commission determines that the installation of additional machines is in the best interest of the licensed racetrack, the Lottery Commission and the citizens of this state, the commission may grant permission to install and operate additional machines.
(b) All video lottery terminals in licensed racetracks shall be physically located as follows:
(1) The video lottery location shall be continuously monitored through the use of a closed circuit television system capable of recording activity for a continuous 24-hour period. All video tapes shall be retained for a period of at least thirty days;
(2) Access to video lottery terminal locations shall be restricted to persons legally entitled by age to play video lottery games;
(3) The licensed racetrack shall submit for commission approval a floor plan of the area or areas where video lottery terminals are to be operated showing terminal locations and security camera mount locations;
(4) No video lottery terminal may be relocated without prior approval from the commission; and
(5) Operational video lottery terminals may only be located in the building or structure in which the grandstand area of the racetrack is located and in the area of the building or structure where pari-mutuel wagering is permitted under the provisions of article twenty-three, chapter nineteen of this code: Provided, That if the commission, before November 1, 1993, has authorized any racetrack to operate video lottery terminals and offer video lottery games in a location which would not conform to the requirements of this subdivision, the racetrack may continue to use video lottery terminals registered with and approved by the commission at that nonconforming location and to offer the games and any variations or composites of the games as may be approved by the commission.
(c) A licensee shall allow video lottery games to be played only on days when live racing is being conducted at the racetrack and/or on televised racing days: Provided, That this restriction shall not apply to any racetrack authorized by the commissioner prior to November 1, 1993, to operate video lottery terminals and conduct video lottery games.
(d) Security personnel shall be present during all hours of operation at each video lottery terminal location. Each license holder shall employ the number of security personnel the commission determines is necessary to provide for safe and approved operation of the video lottery facilities and the safety and well-being of the players.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-13. Payment of Credits; No State Liability; Method of Payment; Restrictions on Payment of Credits; Redeemed Tickets Required to Be Defaced; Liability for Video Lottery Terminal Malfunction

(a) No payment for credits awarded on a video lottery terminal may be made unless the ticket meets the following requirements:
(1) The ticket is fully legible and printed on paper approved by the commission and the ticket contains all information required by this article;
(2) The ticket is not mutilated, altered, unreadable or tampered with in any manner;
(3) The ticket is not counterfeit, in whole or in part; and
(4) The ticket is presented by a person authorized to play video lottery pursuant to this article.
(b) Each licensed racetrack shall designate validation managers and employees authorized to redeem tickets and to sell and redeem tokens during the business hours of operation. Credits shall be immediately paid in cash, by check, by annuitized payments over time or in the form of a noncash prize, when a player presents a valid ticket for payment.
(c) Licensed racetracks shall not redeem tickets for credits awarded on video lottery terminals which are not located on its premises. A ticket must be presented for payment no later than ten days after the date the ticket is printed. The commission is not liable for the payment of any video lottery ticket credits.
(d) All tickets redeemed by a licensed racetrack shall be defaced in a manner which prevents any subsequent presentment and payment.
(e) The commission is not responsible for any video lottery terminal malfunction which causes a credit to be wrongfully awarded or denied to players. The licensed racetrack is solely responsible for any wrongful award or denial of credits.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22A. Racetrack Video Lottery › §29-22A-17. Disagreement as to Duties of Racing Commission and Lottery Commission

In the event of a disagreement between the Racing Commission and the Lottery Commission with regard to their respective duties or responsibilities in carrying out the purposes of this article, such disagreement shall be resolved by the secretary of the Department of Tax and Revenue in a manner not inconsistent with the provisions of this article, article twenty-two-a of this chapter and article twenty-three, chapter nineteen of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-103. Exceptions

(a) Nothing in this article shall be construed in any way to modify, amend, or otherwise affect the validity of any provisions regulating charitable bingo and raffles as set forth in articles 47-20-1, et seq., and 47-21-1, et seq., of this code.
(b) Nothing contained in this article shall be construed to modify, amend, or otherwise affect the validity of any provisions regulating racetrack video lottery as set forth in article 22A of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-201. Legislative Finding; Constitutional Authority; Limited Video Lottery Is a Lottery

§29-22B-201. Legislative finding; Constitutional authority; limited video lottery is a lottery.
The Legislature finds and declares that:
(1) The Constitution grants to the Legislature the authority to establish, by general law, lotteries which are regulated, controlled, owned and operated by the State of West Virginia; and
(2) The limited video lottery authorized by this article is a "lottery" as that term is commonly understood and as that term is used in the West Virginia Constitution, article 6, section 36. The limited video lottery authorized as video lottery games in this article is a system of lottery games that utilize advanced computer technology.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-202. Legislative Finding; State Ownership of Video Lottery Through Outright Ownership or Possession of a Proprietary Interest in Computer Hardware and Software

The Legislature further finds and declares that:
(1) The state can control, own and operate a video lottery by possessing a proprietary interest in the main logic boards, all erasable, programmable read-only memory chips used in any video lottery equipment or games, and software consisting of computer programs, documentation and other related materials necessary for the video lottery system to be operated;
(2) The state may possess a proprietary interest in video lottery game software, for purposes of this article, through outright ownership or through an exclusive product license agreement with a manufacturer whereby (A) the manufacturer retains copyrighted ownership of the software, (B) the product license granted to the state is nontransferable, and (C) the agreement authorizes the state to run the software program, solely for its own use, on the state's central equipment unit and electronic video terminals networked to the central equipment unit; and
(3) The state can control and regulate a video lottery if the state (A) restricts licensure to a limited number of video lottery terminals at qualified locations, (B) extends strict and exclusive state regulation to all persons, locations, practices and associations related to the operation of licensed limited video lottery facilities, and (C) provides comprehensive law-enforcement supervision of limited video lottery activities.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-203. Legislative Finding; License to Participate in Limited Video Lottery Is a Privilege

The Legislature further finds and declares that:
(1) A person seeking a license or other affirmative Lottery Commission approval has no right to a license or to the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this article is a revocable privilege;
(2) The licensing, control and regulation of limited video lottery by the state does not create (A) any property right in a license issued pursuant to this article, (B) any right to transfer or encumber a license, (C) any vested right in a license, or (D) the accrual of any value to the privilege of participation in any limited video lottery activity; and
(3) That the privilege of participation in limited video lottery operations is conditioned upon (A) the proper and continuing individual qualification of an applicant or licensee, and (B) the discharge of the affirmative responsibility of each licensee to provide the regulatory and investigatory authorities with any assistance and information necessary to assure that the policies declared by this article are achieved.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-301. Applicability of Definitions

§29-22B-301. Applicability of definitions.
For the purposes of this article, the words or terms defined in this part 3, and any variation of those words or terms required by the context, have the meanings ascribed to them in this part 3. These definitions are applicable unless a different meaning clearly appears from the context.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-303. Associated Equipment Defined

"Associated equipment" means any hardware located on the premises of video lottery retailers, other than the video lottery terminals themselves, that is connected to the video lottery terminal or to the central computer for the purpose of performing communication, validation or other functions. "Associated equipment" does not include the communication equipment and facilities of a regulated public utility.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-311. Eprom and Erasable Programmable Read-Only Memory Chips Defined

"EPROM" and "erasable programmable read-only memory chips" means the electronic storage medium on which the operation software for all games playable on a video lottery terminal resides and which can also be in the form of CD-ROM, flash RAM or other new technology medium that the commission may from time to time approve for use in video lottery terminals. All electronic storage media are considered to be the property of the State of West Virginia.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-312. Identification Document Defined

"Identification document" means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government or a political subdivision of a foreign government, which, when completed with information concerning a particular individual, is of the type intended or commonly accepted for the purpose of identifying individuals.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-313. Indirect Ownership Defined

"Indirect ownership" means an interest a person owns in an entity or in property solely as a result of application of constructive ownership rules without regard to any direct ownership interest (or other beneficial interest) in the entity or property. "Indirect ownership" shall be determined under the same rules applicable to determining whether a gain or loss between related parties is recognized for federal income tax purposes.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-314. License Defined

"License" or "video lottery license" means authorization granted by the commission pursuant to this article to a person permitting that person to engage in the activity for which the license was issued. "License used in this article" means a license issued by the commission as provided in this article that has not expired or been canceled, revoked or suspended by the director or the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-316. Limited Video Lottery Retailer Defined

"Limited video lottery retailer" means a person who holds either a valid license issued under article 60-7-1, et seq., of this code, to operate a private club, or who holds a valid Class A license issued under article 11-16-1, et seq., of this code, to operate a business where nonintoxicating beer is sold for consumption on the premises, or who holds both licenses, and the person also holds a valid limited video lottery retailer's license issued under this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-317. Lottery Defined

"Lottery" means the public gaming systems or games regulated, controlled, owned and operated by the state Lottery Commission as provided in this article and in articles 29-22-1, et seq., 29-22A-1, et seq., and article 29-25-1, et seq.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-318. Manufacturer Defined

"Manufacturer" means any person holding a license issued under this article by the commission which allows the person to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which the video lottery terminal is housed, and whose product is intended for sale, lease or other assignment to a person who is issued a permit under this article allowing the person to purchase or lease video lottery terminals from a manufacturer.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-320. Net Terminal Income and Gross Terminal Income Defined

"Net terminal income" means the portion of gross terminal income collected by the commission from the permittees determined to be net terminal income as calculated under subsection 22B-1408(a) of this article. "Gross terminal income" means the total amount of cash inserted into video lottery terminals operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets. A licensee may not deduct costs or expenses related to the operation of video lottery games from net terminal income.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-321. Operator Defined

"Operator" means a person holding an operators license granted under this article by the commission allowing the person to: (1) Own or lease a specified number of video lottery terminals from one or more manufacturers; (2) service and repair those video lottery terminals; (3) enter into contracts with limited video lottery retailers for placement of those video lottery terminals in a restricted access adult-only facility located on the premises of the limited video lottery retailers; and (4) operate limited video lottery terminals as a limited video lottery retailer, subject to the provisions of §29-22B-503 of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-328. Restricted Access Adult-Only Facility Defined

"Restricted access adult-only facility" means:
(a)(1) A private club licensed under article 60-7-1, et seq., of this code that is licensed under this article by the commission to allow its members and their guests to play video lottery games: Provided, That when the private club is frequented by minors and their parents, video lottery terminals shall be located in a separate room suitable for the location of video lottery terminals with adult-only restricted access, the interior of which is not visible to persons outside the room; and
(2) A place of business that: (A) Has a "Class A" license issued under article 11-16-1, et seq., of this code to sell nonintoxicating beer for consumption on the premises; (B) derives at least forty percent of its annual gross receipts at that location from sales of nonintoxicating beer to consumers and of such sales, at least eighty percent are sales of nonintoxicating beer for consumption on the premises; (C) maintains a suitable kitchen and dining facility and related equipment for serving meals for on-premises consumption; (D) regularly prepares and sells meals for consumption on the premises; (E) has a separate room suitable for the location of video lottery terminals with adult-only restricted access, the interior of which is not visible to persons outside the room; and (F) after meeting any additional standards developed by the commission to implement and apply this subdivision (2), is licensed under this article by the commission to allow video lottery games to be played in the restricted access adult-only separate room on the premises.
(b) Notwithstanding the provisions of subsection (a) of this section, it does not include a place of business that sells petroleum products in conjunction with the sale of other retail products which may include, but are not limited to, tobacco, alcohol or food products; nor may such place of business establish a separate room or building which is a part of, contiguous to, or adjoining the place of business as a restricted access adult-only facility.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-329. Service Technician Defined

"Service technician" means an individual who is licensed under this article to service, maintain and repair video lottery terminals that are registered under this article. A licensed service technician may be a sole proprietor, partner, or an employee of a person licensed under this article or an employee of a business not licensed under this article that services, maintains and repairs video lottery terminals owned or leased by a permittee through one or more service technicians.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-330. Video Lottery Defined

"Video lottery" means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or noncash prize, or nothing, determined wholly or predominantly by chance. "Video lottery" does not include a lottery game that merely utilizes an electronic computer and a video screen to operate a lottery game and communicate the results of the game and which does not utilize an interactive electronic terminal device allowing input by one or more players.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-331. Video Gambling Machine Defined

(a) "Video gambling machine" means a computerized device:
(1) That is not approved and registered by the commission under the provisions of this article or used, possessed or operated pursuant to and under the requirements of the provisions of articles 29-22-1, et seq., 29-22A-1, et seq., 29-25-1, et seq., 47-20-1, et seq., or 47-21-1, et seq., or any reenactment thereof;
(2) That employs a monitor that has a display screen, software programs, graphics board, graphics card or any other necessary components that give the monitor graphics capabilities for displaying and manipulating pictures, words, numbers or symbols;
(3) That has a storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than, through the display of pictures, words, numbers or symbols, simulating the play of such games as poker, blackjack, roulette, baccarat, keno, craps, or any other game of skill or chance of whatever name or kind;
(4) That allows a person, by inserting currency, coins, tokens or other similar objects into the machine, or by otherwise making some payment of consideration, to make the machine available for the person to play;
(5) That allows a person playing the machine an opportunity to win (A) cash, (B) play credits, (C) tokens, tickets, vouchers or other things that can be exchanged for cash or any other thing of value, or (D) prizes, premiums, merchandise or any other thing of value, whether by reason of the skill of the player or by the application of the element of chance, or both; and
(6) That can result in a payoff to a winning player automatically from the machine or in any other manner whatsoever.
(b) "Video gambling machine" does not include:
(1) Pin ball machines;
(2) Automatic weighing, measuring, musical, and vending machines which are designed and constructed to give a uniform and fair return in value for each coin deposited and in which there is no element of chance; or
(3) Crane machines.
(c) A machine described in subsection (a) of this section is no less a video gambling machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-332. Video Lottery Game Defined

"Video lottery game" means an electronically simulated game of chance that is approved, owned and controlled under this article by the commission, which is displayed on the screen or video monitor of a video lottery terminal and that:
(1) Is connected to the commission's central control computer by an on-line or dial-up communication system;
(2) Is initiated by a player's insertion of coins or currency into a video lottery terminal, which causes game play credits to be displayed on the video lottery terminal and, with respect to which, each game play credit entitles a player to choose one or more symbols or numbers or to cause the video lottery terminal to randomly select symbols or numbers;
(3) Allows the player to win additional game play credits based upon game rules which establish the random selection of winning combinations of symbols or numbers or both and the number of free-play credits to be awarded for each winning combination of symbols or numbers or both;
(4) Is based upon computer-generated random selection of winning combinations based totally or predominantly on chance;
(5) Allows a player at any time to simultaneously clear all game play credits and print a redemption ticket entitling the player to receive the cash value of the free plays cleared from the video lottery terminal; and
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-401. General Authority of State Lottery Commission and Director; Conflicts

§29-22B-401. General authority of state Lottery Commission and director; conflicts.
(a) The Lottery Commission created by section 29-22-4 of this code is authorized to implement and operate a system of limited video lottery in accordance with the provisions of this article and the applicable provisions of article 22 of this chapter.
(b) The state Lottery Commission and the director of the commission shall exercise their respective powers and perform their respective duties and functions as specified in this article.
(c) The provisions of article 22 of this chapter apply to this article, except in the event of conflict or inconsistency between any of the provisions of this article and the provisions of article 22 of this chapter. In that event, the provisions of this article shall supersede any conflicting or inconsistent provisions contained in article 22 of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-501. Types of Licenses Issued for Participation in Limited Video Lottery Activities

§29-22B-501. Types of licenses issued for participation in limited video lottery activities.
(a) The Lottery Commission may issue four types of limited video lottery licenses, as follows:
(1) A manufacturer's license;
(2) An operator's license;
(3) A limited video lottery retailer's license; and
(4) A service technician's license.
(b) A manufacturer's license is required for all persons who act as a manufacturer as defined in section 22B-319 of this article.
(c) An operator's license is required for all persons who engage in the business of placing and operating video gaming machines on the premises of a retailer. A licensed operator and a licensed limited video lottery retailer who hold a permit issued under part 11 of this article may obtain video lottery terminals only from a licensed manufacturer.
(d) A video lottery retailer's license is required for all persons conducting limited video lottery on their premises. Each person licensed as a retailer shall have and maintain sole and exclusive legal possession of the entire premises for which the retail license is issued.
(e) Each license issued pursuant to this section expires one year from the date of its issuance but may be successively renewed upon the filing and approval of an application for renewal, except as otherwise provided in this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-504. Additional Qualifications for an Applicant for a Limited Video Lottery Retailer S License

No limited video lottery retailers license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in 29-22B-502 of this code, the applicant satisfies all of the following qualifications:
(1) The applicant has disclosed to the Lottery Commission the identity of each person who has control of the applicant, as control is described in 29-22B-507 of this code;
(2) The applicant holds either: (A) A valid license issued under 60-7-1
et seq.
of this code to operate a private club; (B) a valid Class A license issued under 11-16-1
et seq.
of this code to operate a business where nonintoxicating beer is sold for consumption on the premises; or (C) both licenses;
(3) The applicant has demonstrated the training, education, business ability, and experience necessary to establish, operate and maintain the business for which the license application is made;
(4) The applicant has secured any necessary financing for the business for which the license application is made and the financing: (A) Is from a source that meets the qualifications of this section; and (B) is adequate to support the successful performance of the duties and responsibilities of the licensee;
(5) The applicant has disclosed all financing or refinancing arrangements for placement on the applicants premises of video lottery terminals and associated equipment in the degree of detail requested by the Lottery Commission;
(6) The applicant has filed with the Lottery Commission a copy of any current or proposed agreement between the applicant and a licensed operator for the placement on the applicants premises of video lottery terminals;
(7) The applicant has filed with the Lottery Commission a copy of any current or proposed agreement between the applicant and a licensed operator or other person for the servicing and maintenance of video lottery terminals by licensed service technicians; and
(8) The applicant does not hold any other license under this article, 19-23-1
et seq.
of this code, or 29-22A-1
et seq.
of this code
,
or 29-25-1
et seq.
of this code except that an applicant may also be licensed as a service technician. In addition, an applicant may also be licensed as an operator, subject to the provisions of 29-22B-503(a)(6) of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-505. Additional Qualification for an Applicant for a Service Technician's License

No service technician's license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in section 22B-502, the applicant has passed a technical competence test administered or approved by the Lottery Commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-506. Additional Qualifications for an Applicant for a Manufacturer's License

No manufacturer's license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in section 22B-502, the applicant satisfies all of the following qualifications:
(1) The applicant has obtained, or can obtain, certification of compliance under the provisions of part 15 of the federal communications commission rules for all video lottery terminals placed in this state;
(2) The applicant has demonstrated the capacity to manufacture terminals and associated equipment for placement in this state in accordance with the specifications and procedures set forth in part 9 of this article;
(3) The applicant has demonstrated the ability to maintain and provide an inventory of spare parts so as to assure the timely repair and continuous operation of licensed video lottery terminals placed in this state; and
(4) The applicant has demonstrated the capacity to timely deliver video lottery terminals and associated equipment to licensed operators and licensed limited video lottery retailers who hold permits issued under part 11 of this article to own or lease video lottery terminals from licensed manufacturers.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-507. Persons Having Control of an Applicant for a Limited Video Lottery License

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.
(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.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-508. Commission Action on Applications

(a) The commission may not issue any license until after the background investigations are concluded. This provision shall not apply to an application for renewal of a license except to the extent background investigations are required of an applicant for renewal of a license in legislative rules of the commission.
(b) The commission shall make an affirmative determination that the applicant is qualified and that the applicable license fees have been paid prior to issuing any license.