reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-509. Incomplete Application Not to Be Considered

(a) The Lottery Commission shall notify the applicant in writing if an application is incomplete and the notification shall state the deficiencies in the application.
(b) The commission may not consider incomplete applications. The commission may consider an application when the applicant has completed and executed all forms and documents required by the commission and all application fees and costs have been paid.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-511. Issuance of Order Refusing to Issue or Renew License, or Suspending or Revoking Same

(a) The commission shall notify applicants and licensees in writing of the denial, suspension or revocation of a license and the reasons for the denial, suspension or revocation in accordance with the provisions of section 22B-518.
(b) An applicant may request a hearing to review a license denial, suspension or revocation in accordance with part 15 of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-513. Application Forms and Other Documents

(a) The commission shall determine the forms of application to be used.
(b) All application, registration and disclosure forms and other documents submitted to the Lottery Commission by or on behalf of the applicant for purposes of determining qualification for a video lottery license shall be sworn to or affirmed before an officer qualified to administer oaths.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-514. Failure to Reveal Material Fact; False or Misleading Material

(a) An applicant who knowingly fails to reveal any fact that is material to qualification or who knowingly submits false or misleading material information is ineligible for a video lottery license.
(b) An applicant who is awarded a license or renewal of a license shall give the commission written notification of any material change in the information previously submitted in or with the application for the license or for renewal thereof, whichever is the most recent document filed with the commission, within thirty days after the material change occurs or the licensee becomes aware of the material change, whichever event occurs last.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-515. Bonding Requirements for Operators and Limited Video Lottery Retailers Who Are Permittees

Before any operator or limited video lottery retailer is issued a permit under part 11 of this article to own or lease video lottery terminals from a licensed manufacturer, the permittee shall post a bond or irrevocable letter of credit in a manner and in an amount established by the commission. The bond must be issued by a surety company authorized to transact business in West Virginia and the company must be approved by the Insurance Commission of this state as to solvency and responsibility. A permittee who is a video lottery retailer that has permits for two or more restricted access adult-only facilities may post a blanket bond.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-516. Applicant Bears the Risk of Adverse Publicity

Each applicant bears all risks of adverse public notice, embarrassment, criticism, damages or financial loss which may result from any disclosure or publication of any material or information obtained by the Lottery Commission pursuant to action on an application. The applicant shall, as a part of its application, expressly waive any and all claims against the Lottery Commission, the State of West Virginia and the employees of either for damages as a result of any background investigation, disclosure or publication relating to an application for a video lottery license or permit.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-518. Annual License Fees

(a) The following license fees shall be paid annually by each licensed operator, manufacturer, service technician or limited video lottery retailer:
(1) Operator: $10,000;
(2) Manufacturer: $10,000;
(3) Service technician: $100;
(4) Limited video lottery retailer: $500.
(b) The applicable fee shall be paid to the commission at the time the application for a license is submitted to the commission and upon the annual renewal date each year thereafter, at which time the license may be renewed.
(c) A manufacturer who ceases supplying any additional video lottery terminals to permittees in this state may continue to supply repair parts and service for video lottery terminals previously provided to permittees, if an annual renewal fee of $1,000 is paid and the manufacturer is otherwise eligible for licensure under this article.
(d) License fees collected under this section shall be deposited in the fund established in section 29-22-18a.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-601. Establishment of Procedures for Background Investigations

§29-22B-601. Establishment of procedures for background investigations.
(a) The Lottery Commission, through a cooperative agreement with the State Police, shall establish procedures for conducting background investigations for the purpose of determining whether an applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a license under this article.
(b) A background investigation must include, but not be limited to, (1) accessing the national criminal history background check system as defined in section 22B-319 and (2) reviewing any other readily accessible state or federal criminal history records that may be pertinent to the background investigation.
(c) The state police shall make a determination whether the applicant has been convicted of, or is under pending indictment for, a crime that bears upon the applicant's fitness to hold a license under this article and shall convey that determination to the Lottery Commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-602. Responsibility of State Police in Conducting Background Investigations

The state police shall establish and maintain an adequate system for background investigations that:
(1) Ensures that timely background investigations are conducted on applicants for limited video lottery licenses, current licensees, and other persons required to be investigated by the Lottery Commission in accordance with the provisions of this article or by legislative rules promulgated pursuant to this article;
(2) Provides for review and oversight of applicants, current licensees, and other persons on an ongoing basis;
(3) Provides that upon receipt of a background check report lacking disposition data, further research will be conducted in whatever state and local recordkeeping systems are available in order to obtain complete data;
(4) Provides for prompt notification to the Lottery Commission of the results of background investigations before the issuance or renewal of any license; and
(5) Clearly defines a standard whereby a person's prior activities, criminal record, if any, or reputation, habits and associations are such as to pose a threat to the public interest or to the effective regulation of limited video lottery, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, thereby rendering that person ineligible for licensing.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-603. Guidelines for Background Investigations

The Lottery Commission may not request a background check of an applicant under section 22B-601 of this article unless the applicant first provides a set of fingerprints and completes and signs a statement that:
(1) Contains the name, address, and date of birth appearing on a valid identification document (as defined in section 22B-312 of this article) of the applicant;
(2) Declares that the applicant has not been convicted of a crime or, if the applicant has been convicted of a crime, contains a description of the crime and the particulars of the conviction. For the purposes of this section, an applicant has not been convicted of a crime if he or she was convicted of a nonmoving motor vehicle violation or a speeding violation that does not arise in connection with a motor vehicle collision;
(3) Notifies the applicant that the Lottery Commission will request a background check under section 22B-601 of this article; and
(4) Notifies the applicant of the applicant's rights under section 22B-604 of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-604. Applicant's Rights Regarding Background Investigations

Each applicant who is the subject of a background check is entitled to a copy of his or her background investigation report, and has the right to challenge the accuracy and completeness of any information contained in the report and to obtain a prompt determination as to the validity of the challenge before a final determination is made by the Lottery Commission that would deny issuance of a license or renewal of a license.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-701. General Duties of All Licensees

§29-22B-701. General duties of all licensees.
All video lottery license holders shall:
(1) Promptly report to the commission any facts or circumstances related to video lottery operations that constitute a violation of state or federal law;
(2) Conduct all video lottery activities and functions in a manner that does not pose a threat to the public health, safety or welfare of the citizens of this state, and which does not adversely affect the security or integrity of the lottery;
(3) Hold the commission and this state harmless from and defend and pay for the defense of any and all claims that may be asserted against a license holder, this state or the commission and its employees arising from the license holder's participation in the video lottery system authorized by this article;
(4) Assist the commission in maximizing video lottery revenues;
(5) Maintain all records required by the commission;
(6) Upon request by the commission or any designated agent of the commission, provide the commission access to all records and the physical premises of the business or businesses where the license holder's video lottery activities occur, for the purpose of monitoring or inspecting the license holder's activities and the video lottery games, video lottery terminals and associated equipment;
(7) Keep current in all payments and obligations to the commission; and
(8) Notify the commission in writing of any proposed change of ownership or control of the license holder and of all other transactions or occurrences relevant to license qualification, and receive commission approval prior to any change of ownership or control of a licensed manufacturer, operator or limited video lottery retailer.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-703. Additional Duties of Limited Video Lottery Retailers Who Are Permittees

In addition to the general duties imposed on all licensees in section 22B-701 and the additional duties imposed on all limited video lottery retailers in section 22B-702, a limited video lottery retailer who is a permittee shall:
(1) Acquire video lottery terminals by purchase, lease or other assignment only from licensed manufacturers;
(2) Acquire no video lottery terminals in excess of the number he or she is authorized to operate in this state as stated in the permit issued under part 11 of this article;
(3) Pay for the installation and operation of commission approved telephone lines to provide direct dial-up or on-line communication between each video lottery terminal and the commission's central control computer;
(4) Purchase or lease and install computer controller units and other associated equipment required by the commission for video lottery terminals owned or leased by the permittee;
(5) Ensure that telephone lines from the commission's central control computer to the video lottery terminals located at the approved location are at all times connected, and prevent any person from tampering or interfering with the operation of the telephone lines;
(6) Assume financial responsibility for proper and timely payments of all credits awarded to players in accordance with legislative rules promulgated by the commission;
(7) Enter into contracts with a licensed operator, licensed manufacturer or other businesses to provide for the maintenance and repair of video lottery terminals and associated equipment only by individuals who are licensed service technicians or employ one or more licensed service technicians, and to provide for the placement of video lottery terminals pursuant to the provisions of this article;
(8) Promptly notify the commission in writing of any breaks or tears to any logic unit seals;
(9) Assume liability for all amounts due to the commission in connection with any money lost or stolen from any video lottery terminal; and
(10) Maintain a separate bank account into which the limited video lottery retailer shall deposit the gross terminal income from all of the limited video lottery retailer's video lottery terminals.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-704. Duties of Limited Video Lottery Retailer Regarding Payment of Credits

(a) A limited video lottery retailer shall not make payment for credits awarded on a video lottery terminal 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 limited video lottery retailer shall redeem tickets during the business hours of operation. Credits shall be immediately paid in cash or by check when a player presents a valid ticket for payment. No credits may be paid in tokens, chips or merchandise. The limited video lottery retailer is responsible for all income tax reporting of prize payments paid to players above the threshold set by the United States Internal Revenue Service.
(1) A limited video lottery retailer may not redeem tickets for credits awarded on a video lottery terminal that is not located on its premises;
(2) 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.
(c) A limited video lottery retailer shall deface all redeemed tickets in a manner that prevents any subsequent presentment and payment.
(d) The commission is not responsible for any video lottery terminal malfunction that causes a credit to be wrongfully awarded or denied to players. The permittee is solely responsible for any wrongful award or denial of credits.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-705. Additional Duties of Manufacturers

In addition to the general duties imposed on all licensees in section 22B-701 of this article, a manufacturer shall:
(1) Manufacture terminals and associated equipment for placement in this state in accordance with the specifications and procedures specified in part 9 of this article;
(2) Manufacture terminals and associated equipment to ensure timely delivery to licensed permittees;
(3) Maintain and provide an inventory of spare parts to assure the timely repair and continuous operation of licensed video lottery terminals intended for placement in this state;
(4) Pay no compensation of any kind to any limited video lottery retailer or give or transfer anything of value to any limited video lottery retailer, beyond a nominal consideration of $1 per year;
(5) Provide to licensed permittees technical assistance and training in the service and repair of video lottery terminals and associated equipment so as to assure the continuous authorized operation and play of the video lottery terminals;
(6) Obtain certification of compliance under the provisions of part 15 of the federal communication commission rules for all video lottery terminals placed in this state;
(7) Comply with all applicable provisions of this article and rules and orders of the commission; and
(8) Sell or lease video lottery terminals or associated equipment to a permittee who is a limited lottery retailer under terms and conditions that are no more favorable than the terms and conditions under which similar terminals or equipment are generally sold or leased to permittees who are licensed operators.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-707. Additional Duties of Service Technicians

In addition to the general duties imposed on all licensees in section 22B-701 of this article, a service technician shall:
(1) Maintain all skills necessary for the timely repair and service of licensed video lottery terminals and associated equipment so as to ensure the continued, approved operation of those terminals;
(2) Attend all commission mandated meetings, seminars and training sessions concerning the repair and maintenance of licensed video lottery terminals and associated equipment;
(3) Promptly notify the commission in writing of any electronic or mechanical video lottery terminal malfunctions; and
(4) Comply with all applicable provisions of this article and rules and orders of the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-801. Manufacturer Seeking Approval of Terminal Must Be Licensed; Prohibition Against Placement of Unapproved Terminal

TERMINALS AND ASSOCIATED EQUIPMENT.
§29-22B-801. Manufacturer seeking approval of terminal must be licensed; prohibition against placement of unapproved terminal.
(a) Only licensed manufacturers may apply to the Lottery Commission for approval of a video lottery terminal or associated equipment.
(b) A manufacturer may not sell or lease a video lottery terminal for placement in a licensed facility in the state unless the terminal has been approved by the Lottery Commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-802. Testing of Video Lottery Terminals and Associated Equipment

(a) The manufacturer shall submit two copies of terminal illustrations, schematics, block diagrams, circuit analysis, technical and operation manuals, and any other information requested by the commission for the purpose of analyzing and testing the video lottery terminal or associated equipment.
(b) The Lottery Commission may require that the manufacturer transport two working models of a video lottery terminal to the location designated by the Lottery Commission for testing, examination and analysis. When this is required:
(1) The manufacturer shall pay all costs of testing, examination, analysis and transportation of the video lottery terminal models. The testing, examination and analysis of any video lottery terminal model may require dismantling of the terminal, and some tests may result in damage or destruction to one or more electronic components of the terminal model. The Lottery Commission may require that the manufacturer provide specialized equipment or pay for the services of an independent technical expert to test the terminal; and
(2) The manufacturer shall pay the cost of transportation of two video lottery terminals to lottery headquarters. The Lottery Commission shall conduct an acceptance test to determine terminal functions and central system compatibility. If the video lottery terminal fails the commission conducted acceptance test, the manufacturer shall make all modifications required by the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-902. Control of Electrical Power

(a) A surge protector shall be installed on the electrical power supply line to each video lottery terminal. A battery or equivalent power back-up for the electronic meters shall be capable of maintaining accuracy of all accounting records and terminal status reports for a period of ninety days after power is disconnected from the terminal. The power back-up device shall be located within the locked logic board compartment of the video lottery terminal.
(b) An on/off switch that controls the electrical current used in the operation of the terminal shall be located in an accessible place within the interior of the video lottery terminal.
(c) The operation of each video lottery terminal may not be adversely affected by any static discharge or other electromagnetic interference.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-903. Coin or Bill Acceptors

(a) A minimum of one electronic or mechanical coin acceptor or other means by which to accurately and efficiently establish credits must be installed on each video lottery terminal. Each video lottery terminal may also contain bill acceptors.
(b) The Lottery Commission shall approve all coin and bill acceptors prior to use on any video lottery terminal in this state.
(c) A video lottery terminal shall not allow more than $5 to be wagered on a single game.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-904. Security; Access to the Interior of Video Lottery Terminals

(a) Access to the interior of video lottery terminals shall be controlled through a series of locks and seals.
(b) The main logic boards and all erasable programmable read-only memory chips (EPROMS) are considered to be owned by the Lottery Commission and shall be located in a separate locked and sealed area within the video lottery terminal.
(c) The cash compartment shall be located in a separate locked area within or attached to the video lottery terminal.
(d) No hardware switches, jumpers, wire posts or any other means of manipulation may be installed which alter the pay tables or payout percentages in the operation of a game. Hardware switches on a video lottery terminal intended to control the terminal's graphic routines, speed of play, sound and other purely cosmetic features may not be used without the written approval of the commission.
(e) All video lottery terminals shall have a security system which will temporarily disable the gaming function of the terminal while opened.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-905. Printing Mechanism

Each video lottery terminal must contain a single printing mechanism capable of printing an original ticket and retaining an exact legible copy within the video lottery terminal, or other means of capturing and retaining an electronic copy of the ticket data as approved by the Lottery Commission. The following information must be recorded on the ticket when credits accrued on a video lottery terminal are redeemed for cash:
(1) The number of credits accrued;
(2) The value of the credits in dollars and cents displayed in both numeric and written form;
(3) The time of day and date;
(4) The validation number; and
(5) Any other information required by the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-906. Identification Plate

A permanently installed and affixed identification plate shall appear on the exterior of each video lottery terminal and the following information shall be on the plate:
(1) The manufacturer of the video lottery terminal;
(2) The serial number of the terminal; and
(3) The model number of the terminal.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-907. Display of Information on Terminal Face or Screen

All information required by this section must be displayed under glass or another transparent substance.
(1) The rules of play for each game shall be displayed on the video lottery terminal face or screen. The commission may reject any rules of play that are incomplete, confusing, misleading or inconsistent with game rules approved by the commission.
(2) For each video lottery game, there shall be a display detailing the credits awarded for the occurrence of each possible winning combination of numbers or symbols.
(3) No stickers or other removable devices shall be placed on the video lottery terminal screen or face without the prior written approval of the commission.
(4) A label prominently displaying information on how to locate and contact persons or organizations available for help, assistance or treatment for persons who may have a gambling addiction, together with the telephone number "1-800-GAMBLER."
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-908. Communication With Central Computer System

Communication equipment and devices shall be installed to enable each video lottery terminal to communicate with the Lottery Commission's central computer system. The commission shall provide to licensed manufacturers, or applicants applying for a manufacturer's license, the protocol documentation data necessary to enable the respective manufacturer's video lottery terminals to communicate with the commission's central computer for transmitting auditing program information and for activation and disabling of video lottery terminals.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-909. Random Number Generator Required

Each video lottery terminal shall have a random number generator to determine randomly the occurrence of each specific symbol or number used in video lottery games. A selection process is random if it meets the following statistical criteria:
(1) Chi square test. -- Each symbol or number shall satisfy the ninety-nine percent confidence limit using the standard chi-square statistical analysis of the difference between the expected result and the observed result;
(2) Runs test. -- Each symbol or number may not produce a significant statistic with regard to producing patterns of occurrences. Each symbol or number is random if it meets the ninety-nine percent confidence level with regard to the "runs test" for the existence of recurring patterns within a set of data;
(3) Correlation test. -- Each pair of symbols or numbers is random if it meets the ninety-nine percent confidence level using standard correlation analysis to determine whether each symbol or number is independently chosen without regard to another symbol or number within a single game play; and
(4) Serial correlation test. -- Each symbol or number is random if it meets the ninety-nine percent confidence level using standard serial correlation analysis to determine whether each symbol or number is independently chosen without reference to the same symbol or number in a previous game.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-910. Payout Standards

Each video lottery terminal shall meet the following maximum and minimum theoretical percentage payout during the expected lifetime of the terminal:
(1) Video lottery games shall pay out no less than eighty percent and no more than ninety-five percent of the amount wagered. The theoretical payout percentage shall be determined using standard methods of probability theory;
(2) Manufacturers shall file a request and receive written approval from the commission prior to manufacturing for placement in this state video lottery games programmed for a payout greater than ninety-two percent of the amount wagered. Commission approval shall be obtained prior to applying for testing of the high payout terminals; and
(3) Each game shall have a probability greater than one in seventeen million of obtaining the maximum payout for each play.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-911. Continuation of Current Game After Malfunction

Each video lottery terminal shall be capable of continuing the current game with all current game features after a video lottery terminal malfunction is cleared. If a video lottery terminal is rendered totally inoperable during game play, the limited video lottery retailer shall return the current wager and all credits appearing on the video lottery terminal screen prior to the malfunction to the player.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-912. Electronic Accounting Required

(a) Each video lottery terminal shall at all times maintain electronic accounting regardless of whether the terminal is being supplied with electrical power. Each meter shall be capable of maintaining a total of no less than eight digits in length for each type of data required. The electronic meters shall record the following information:
(1) The number of coins inserted by players or the coin equivalent if a bill acceptor is being used;
(2) The number of credits wagered;
(3) The number of credits won;
(4) The number of credits paid out by a printed ticket;
(5) The number of times the logic area was accessed;
(6) The number of times the cash door was accessed;
(7) The number of credits wagered in the current game;
(8) The number of credits won in the last complete video lottery game; and
(9) The number of cumulative credits representing money inserted by a player and credits for video lottery games won but not collected.
(b) No video lottery terminal may have any mechanism that would allow the electronic accounting meters to clear automatically. Electronic accounting meters may not be cleared without the prior approval of the commission. Both before and after any electronic accounting meter is cleared, the limited video lottery retailer shall record all meter readings in the presence of a commission employee.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1001. Manufacturer Must Be Licensed

OF VIDEO LOTTERY TERMINALS.
§29-22B-1001. Manufacturer must be licensed.
A manufacturer of video lottery terminals may not sell or lease video lottery terminals to any person for use in this state unless the manufacturer possesses a current manufacturer's license issued by the Lottery Commission as provided in this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1002. Manufacturers May Sell or Lease Only to Permittees

A licensed manufacturer of video lottery terminals may only sell or lease video lottery terminals for use in this state to a person who possesses at the time of delivery a valid permit to own or lease one or more video lottery terminals and a valid operator's license or a valid limited video lottery retailer's license issued by the Lottery Commission as provided in this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1101. Limitation on Number and Location of Video Lottery Terminals

(a) The Lottery Commission may not authorize the placement of more than nine thousand video lottery terminals in restricted access adult-only facilities in this state.
(b) No person may directly or indirectly operate more than seven and one-half percent of the number of video lottery terminals authorized in this section, which may be located only in restricted access adult-only facilities.
(c) No licensed limited video lottery retailer may be authorized to have on the premises for which the license was issued more than seven video lottery terminals except that on and after July 1, 2021, the Commission, upon recommendation of the Director, may authorize one or more licensed limited video lottery retailers to have on the premises for which the limited video lottery retailers license was issued no more than ten video lottery terminals.
(2) Notwithstanding the limitation imposed by subdivision (1) of this subsection, a fraternal society or veterans organization that is: (A) A fraternal beneficiary society that is exempt from federal income tax under section 501(c)(8) of the Internal Revenue Code of 1986, as amended; (B) a domestic fraternal society that is exempt from federal income tax under section 501(c)(10) of the Internal Revenue Code of 1986, as amended; or (C) a veterans organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code of 1986, as amended, may be authorized to have on the premises for which the license was issued not more than ten video lottery terminals.
(d) Pursuant to the increase of the number of video lottery terminals authorized in subsection (c) of this section, effective July 1, 2021, the commission shall conduct a bidding process no later than October 1, 2021, for permits for additional terminals. Any permits for which a successful bid is made shall expire June 30, 2031. The bidding process is open to current permit holders only and shall be conducted in accordance with 29-22B-1106, 29-22B-1107 and 29-22B-1109 of this article.
(e) The amendments to this section enacted in 2021 shall be effective on and after July 1, 2021.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1102. Permits to Operate Video Lottery Terminals; Expiration Date; Annual Fee to Be Paid by May 1st

(a) The Lottery Commission shall establish forms for an operator's permit to own or lease and operate video lottery terminals and a permit for a limited video lottery retailer that allows the holder to own or lease video lottery terminals from a licensed manufacturer. The number of video lottery terminals that a person may own or lease or have on a limited video lottery retailer premises shall be stated in the license or permit issued by the commission as provided in this article.
(b) Permits shall be issued by the commission for a period of ten years, except that all permits expire on June 30, 2011, unless they are sooner surrendered, modified, suspended or revoked as provided in this article: Provided, That the annual fee imposed by this part for each video lottery terminal authorized in the permit shall be paid on or before May 1 each year.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1103. Permit Fee

(a) For the privilege of holding a permit that authorizes the licensee to own or lease video lottery terminals from a licensed manufacturer, the person shall pay an annual fee of $1,000 per video lottery terminal for which the permit is issued.
(b) (1) Notwithstanding any provision of subsection (a) of this section to the contrary, for the fee due and payable May 1, 2023, and each May 1 thereafter until and including May 1, 2030:
(A) The annual fee shall be $1,000 per video lottery terminal for terminals that utilize the 10 percent lowest performing software versions, as measured by daily net terminal income of all terminals available for play; and
(B) For permit holders who own or lease terminals with software versions that outperform the 10 percent lowest performing software versions by more than $500 annual net terminal income for the State of West Virginia, the permit holder will pay a reduced fee of $500 per terminal annually.
(2) For the fee due and payable May 1, 2023, the West Virginia Lottery shall compute the daily average net terminal income for each version of operating software used in all terminals in play from July 1, 2022, until February 28, 2023, and prepare a report listing the 10 percent of all the versions of operating software having the lowest daily net terminal income over that period, the permit holders who may receive the $500 annual reduced fee per terminal, and the total amount of any such reduced fee for each permit holder. When calculating the daily average net terminal income, a software that is in play for any number of days during a month shall be considered as operating the full number of days in that month. For subsequent years, the West Virginia Lottery shall compute the daily average net terminal income for each version of operating software used in all terminals in play from March 1st of the preceding year until the last day of February and prepare a report listing the 10 percent of all the versions of operating software having the lowest daily net terminal income over that period, the permit holders who may receive the $500 annual reduced fee per terminal, and the total amount of any such reduced fee for each permit holder. Should a group of terminals with a software version be partially included in the 10 percent calculation, the entire group shall not be eligible for the reduced fee. Furthermore, a terminal must be active and operational for a period of 60 days to be eligible for the reduced fee. This subsection will terminate and have no force or effect after May 1, 2030.
(c) The fee shall initially be paid at the time the permit is issued for the number of video lottery terminals a person is authorized to own or lease without going through the bid process. Thereafter, this fee shall be due and payable each first day of May while the person holds the permit and the amount of the fee shall be determined by the number of video lottery terminals the person is permitted to own or lease from a licensed manufacturer.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1104. Reservation of Authority to Have Video Lottery Terminals on or Before August 1, 2001

(a) On or before August 1, 2001, every person who held on January 1, 2001, a private club license issued as provided in article 60-7-1 et seq. of this code, or a Class "A" nonintoxicating beer license issued as provided in article 11-16-1 et seq. of this code, and wants to offer video lottery terminals, as defined in this article, for the enjoyment of the licensee's customers after the effective date of this article shall file an application to be licensed as a limited video lottery retailer under this article.
(b) The applications described in subsection (a) of this section shall be in the form prescribed by the Lottery Commission, be signed by the applicant or a person authorized to sign an application filed for a person who is not an individual, and provide all of the information requested by the Lottery Commission. The commission shall not consider any application that is incomplete in any material respect and the incomplete application shall be returned to the applicant for completion and refiling. An incomplete application submitted for a limited video lottery retailer's license shall be returned to the applicant for completion and refiling by August 1, 2001.
(c)(1) An application filed on or before August 1, 2001 for a limited video lottery retailer's license shall state the number of video lottery terminals to be located on the premises of the applicant and state whether the applicant will own or lease the video lottery terminals or obtain them from an operator.
(2) The number of video lottery terminals a limited video lottery retail licensee is authorized to have on its premises shall be stated in the limited video lottery retailer's license issued to the licensee. The number of video lottery terminals a limited video lottery retailer is authorized to own or lease from a manufacturer shall be stated in the permit issued to the licensee. Once the permit is issued, the permittee may purchase or lease the number of video lottery terminals authorized in the permit. A limited video lottery retailer who elects to obtain video lottery terminals from an operator may contract with an operator for the number of video lottery terminals stated in the license.
(d) Authorization to have a video lottery terminal on the premises of a video lottery retailer expires on June 30, 2011, and every ten years thereafter unless during the fiscal year of the state ending June 30, 2011, and each ten years thereafter, the video lottery retailer files an application as provided in this section for the next ensuing ten-year period.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1105. Determination of Authorizations to Be Issued Without Bid and Number of Authorizations to Be Bid

(a) When the applications provided for in section 22B-1104 of this part are received by the commission on or before August 1, 2001, the commission shall reserve for each applicant authorizations to have no more than two video lottery terminals on the premises for which the private club license issued under article 60-7-1 et seq., of this code, or a Class "A" nonintoxicating beer license was issued prior to January 1, 2001, except that a fraternal society or veteran's organization that is (A) a fraternal beneficiary society that is exempt from federal income tax under section 501(c)(8) of the Internal Revenue Code of 1986, as amended, (B) a domestic fraternal society that is exempt from federal income tax under section 501(c)(10), or (C) a veterans' organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code may be authorized to have on the premises for which the license was issued not more than seven video lottery terminals.
(b) The commission shall then determine the total number of authorizations to have video lottery terminals reserved under subsection (a) of this section and subtract that number from the total number of video lottery terminals authorized for the state in section 22B-1101 of this part. This establishes the number of authorizations available for bid as provided in section 22B-1106.
(c) If an application for a limited video lottery retailer's license is received after August 1, 2001, whether from an applicant who on January 1, 2001, held a private club license issued under article 60-7-1, et seq., of this code or a Class "A" nonintoxicating beer license issued under article 11-16-1, et seq., of this code, or from an applicant who is issued a private club license or a Class "A" nonintoxicating beer license after January 1, 2001, no authorization to have video lottery terminals may be reserved for that applicant under this section. The applicant may contract with a licensed operator to furnish video lottery terminals or may submit a bid for authorization to own video lottery terminals as provided in section 22B-1106 of this part.
(d) As used in this section the term "received" means physically received in the office of the state lottery by 4:30 p.m. on August 1, 2001.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1106. Allocation of Permits to Own or Lease Video Lottery Terminals by Sealed Bid

(a) Any video lottery terminals not authorized by the commission under section 1105 of this article shall be allocated under the provisions of this section by sealed competitive bid.
(b) Bids for permits to own or lease video lottery terminals shall be governed by the provisions of this part 11.
(c) A permit to own or lease one or more video lottery terminals, as defined in this article, may only be issued to a person who is licensed as an operator or a limited video lottery retailer under this article.
(d) All permits issued under this section shall be based on sealed competitive bids in accordance with the provisions of this section.
(e) The commission may set a single uniform minimum bid for each video lottery terminal for which bids are sought. Each time before the first publication of a legal notice soliciting bids, the commission may set a new minimum bid.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1108. Preference for Current Permit Holders

(a) When seeking bids for the ten-year period beginning July 1, 2011, and ending June 30, 2021, and for each subsequent ten-year period, the commission shall, in determining the amount a current holder of a permit issued under section 1106 of this article shall pay for authorization to place additional video lottery terminals in this state, afford the bidder an additional preference, if the bidder submitted at least the minimum bid amount prescribed by the commission, the amount of which shall be determined as provided in subsection (b) of this section.
(b) The preference allowed by this section shall be computed by adding five percent of the bid price submitted by the current permit holder to the amount of the bid submitted by that holder.
(c) Where the commission determines that it has not issued permits for the number of video lottery terminals allowed to be placed in this state, as provided in section 1101 of this article, the commission shall allow current permit holders to bid on the remaining video lottery terminals before opening up the bidding to other persons. If the highest bid meets or exceeds the minimum bid, the commission shall determine whether, at the time of the bid, the bidder held a permit for the period ending June 30, 2011, or for any ten-year period thereafter, on June 30 preceding the expiration of the permit. If the current permit holder submitted a bid that was not less than the minimum bid, the commission shall notify the bidder that upon paying the amount of the highest bid, that the permit for the ten-year period beginning July 1, 2011, or for any ten-year period thereafter, shall be issued to the current permit holder. If, within the time determined by the commissioner, the current permit holder pays the amount to the commission and complies with all other requirements imposed by the provisions of this article for the issuance of the permit, the permit for the ten-year period beginning July 1, 2011, or for any ten-year period thereafter, shall be issued to the current permit holder.