reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1109. Bid Bond Required

(a) Each person submitting a bid under section 22B-1107 of this article shall furnish to the commission a bond at the time of bidding, which shall guarantee the payment of one hundred percent of the price bid for the permit sought by the bidder.
(b) The bond required by this section shall be furnished in cash or negotiable securities or shall be a surety bond issued by a surety company authorized to do business with the state or an irrevocable letter of credit issued by a financial institution acceptable to the commission.
(c) If the bid bond is furnished in cash or negotiable securities, the principal shall be deposited without restriction in the State Treasurer's office and credited to the commission, but any income shall inure to the benefit of the bidder.
(d) The bond shall be returned to the bidder following the bidding if the bidder is not a successful bidder for authorization to place video lottery terminals in this state, as provided in this article.
(e) If the bidder is a successful bidder, the bid bond shall be released after the permit is issued, as provided in section 1106 of this article.
(f) If a successful bidder defaults in paying the amount due by the date specified by the commission, as provided in section 1106 of this article, the bid bond shall be forfeited to the state.
(g) If the defaulting bidder was successful only in part because the bid submitted was for authorization to place more video lottery terminals than were awarded to the bidder, the amount of the bid bond shall be prorated and the portion of the bid bond attributable to video lottery terminals not awarded to the defaulting bidder shall be returned to the bidder and the rest shall be forfeited to the state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1110. Operator Permit

(a) An operator who holds a permit issued under this section may operate the number of video lottery terminals specified in the permit.
(b) The number of video lottery terminals authorized in the permit shall be the sum of the number of authorizations for which the operator is the successful bidder under this section plus the number of authorizations reserved under section 22B-1104 of this article for video lottery retailers that elect to obtain video lottery terminals from the operator. If after the permit is issued, the operator enters into additional contracts with limited video lottery retailers with authorizations issued under section 22B-1104 or obtains additional authorizations through the bidding process, the operator shall apply to the commission for a supplemental permit to operate the number of video lottery terminals set forth in the application. Attached to the application shall be a true copy of all contracts the applicant has entered into with persons who hold a limited video lottery retailer's license issued under this article for placement of video lottery terminals in the premises of the limited video lottery retailer for whom authorizations were reserved under section 22B-1104 of this article and a true copy of the certificate of reservation issued by the commission to that video lottery retailer.
(c) The contract between the operator and the limited video lottery retailer shall be in writing and be signed by the parties, or their duly authorized representative when the party is a person who is not an individual.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1111. Reduction of Video Lottery Terminals Authorized in a Retailer's License

If after a limited video lottery license is issued or a permit is issued, a retailer surrenders the license, in whole or in part, or the license is modified, revoked or canceled by operation of law, the Lottery Commission shall then allocate authorizations to operate those video lottery terminals through the bid process described in section 1107 of this part 11, subject to the limitations and requirements of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1112. Reduction of Gambling

Each limited video lottery retailer shall conspicuously post in the restricted access adult-only facility and disseminate the telephone numbers of state approved providers of problem gambling information, treatment and referral support services and further conspicuously post the following: "CAUTION Gambling and playing this machine can be hazardous to your health, your finances, and your future."
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1113. Operation of Authorized Video Lottery Terminals; Forfeiture of Authorization for Failure to Operate

(a) A person who holds a permit or license to operate video lottery terminals shall place the video lottery terminals authorized by the license or permit in operation within six months after receiving the license or permit in which the terminals are first authorized. After January 1, 2002, a person who holds a permit or license to operate video lottery terminals shall place the video lottery terminals authorized by the license or permit in operation within ninety days after receiving the license or permit.
(b) After a video lottery terminal is connected to the commission's central site system of monitoring lottery terminals, the terminal may not be off-line for more than five consecutive days, unless the terminal is off-line due to fire, flood, or other act beyond the control of the operator. If the terminal is off-line due to fire, flood, or other act beyond the control of the operator, the terminal shall be reconnected to the commission's central site by the date ordered by the commission. The commission shall propose a legislative rule for promulgation in accordance with the provisions of article 29A-3-1, et seq., of this code, defining the term "other act beyond the control of the operator" and providing for application of this subsection (b).
(c) Except as otherwise provided in this section, authorization to operate a video lottery terminal that is not connected to the commission's central site system of monitoring lottery terminals shall be forfeited to the commission on the first day after expiration of the applicable period specified in this subsection (a) or (b) of this section.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1201. Placement of Video Lottery Terminals

(a) Video lottery terminals allowed by this article may be placed only in licensed limited video lottery locations approved by the commission.
(b) All video lottery terminals in approved locations shall be physically located as follows:
(1) The video lottery terminals shall be continuously monitored through the use of a closed circuit television system capable of identifying players and terminal faces and of recording activity for a continuous 24 hour period. All video tapes or other recording medium approved in writing by the commission shall be retained for a period of at least 60 days and be available for viewing by an authorized representative of the commission or the commissioner of alcohol beverage control. The cost of monitoring shall be paid by the limited video lottery retailer;
(2) Access to video lottery terminal locations shall be restricted to persons legally entitled by age to play video lottery games;
(3) The permittee 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 location; and
(4) No video lottery terminal or video lottery camera may be relocated without prior written approval from the commission.
(c) Personnel of the limited video lottery retailer shall be present during all hours of operation at each video lottery terminal location. These personnel shall make periodic inspections of the restricted access adult-only facility in order to provide for the safe and approved operation of the video lottery terminals and the safety and well-being of the players.
(d) Security personnel of the commission and investigators of the Alcohol Beverage Control Commissioner shall have unrestricted access to video lottery terminal locations.
(e) Notwithstanding any other provision of this article to the contrary, the commission may not approve the placement of a video lottery terminal in a state park.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1202. No Limited Video Lottery Retailer License for Premises Within 150 Feet of Another Licensed Premises; No Two License Retailer Locations Within a Common Structure

(a) A limited video lottery retailer license may not be granted for operation of video lottery terminals on a premises if, at the time of application for the license, the applicants premises are within 150 feet of, or has an external structural connection not amounting to a common internal wall to, a premises that already has a license for video lottery terminals.
(1) A measurement of the distance between two premises must be taken between the front door and the front door of each location, along the street or streets:
Provided
, That for the purposes of determining whether a limited video lottery retailer applicant that holds a private club license meets distance requirements for prohibited locations of licensees pursuant to 11-16-8(a)(5) of this code, the applicants location is deemed compliant upon the issuance of a valid license pursuant to 60-7-1
et seq.
of this code.
(2) When determining common ownership, the commission shall consider direct as well as indirect ownership.
(b) A premises for which a private club license to dispense alcoholic liquors, under provisions of 60-7-1
et seq.
of this code, or a Class A nonintoxicating beer license, under the provisions of 11-16-1
et seq.
of this code, was granted, was applied for, or the transfer of which was validly contracted for prior to January 1, 2001, is not subject to subsections (a) and (c) of this section:
Provided
, That a fraternal organization for which a private club license to dispense alcoholic liquors, under the provisions of 60-7-1
et seq.
of this code, or a Class A nonintoxicating beer license, under the provisions of 11-16-1
et seq.
of this code, which was granted prior to January 1, 2001, and which has remained in continuous operation since January 1, 2001, may, for good cause shown, obtain approval to be exempt from subsections (a) and (c) of this section, upon approval of the Commission.
(c) No more than one restricted access adult-only facility shall hold a limited video lottery retailer license to offer video lottery terminals in any single structure under one roof.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1203. Registration Decals

(a) Each video lottery terminal placed in operation in this state shall have a commission registration decal permanently affixed, with a video lottery terminal registration control number placed on the video lottery terminal.
(b) No person other than authorized commission personnel shall affix or remove a registration control number. The affixing of the commission decal on a video lottery terminal evidences that the terminal has been registered, inspected, and approved for operation in this state.
(c) No terminal shall be transported out of this state until authorized commission personnel have removed the commission registration control number, except when the transportation of the terminal both begins and ends in this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1204. Installation of Approved Lottery Terminals

(a) The video lottery terminal manufacturer and licensed permittee are jointly responsible for the assembly and installation of all video lottery terminals and associated equipment.
(b) The manufacturer and licensed permittee may not change the assembly or operational functions of a terminal licensed for placement in West Virginia unless a request for modification of an existing video terminal prototype is approved in writing by the commission.
(c) The request for modification shall contain a detailed description of the type of change, the reasons for the change and technical documentation of the change.
(d) Each video lottery terminal approved for placement at a licensed location shall conform to the exact specifications of the video lottery terminal prototype tested and approved by the commission.
(e) If any video lottery terminal or any video lottery terminal modification which has not been approved by the commission is supplied by a manufacturer and operated by a licensed permittee, the video lottery terminal shall be prima facie determined to be contraband. The commission or any law-enforcement officer having jurisdiction shall seize and destroy all of the licensed permittee's and manufacturer's noncomplying video lottery terminals, as provided in part 18 of this article.
(f) In addition, the commission shall suspend the licenses of the licensed permittee and the licensed manufacturer for the period of time the commission considers to be appropriate under the circumstances and may impose a civil penalty, as provided in part 16 of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1205. Transportation From Manufacturer and Registration of Video Lottery Terminals

(a) A manufacturer transporting or arranging for the transportation of one or more video lottery terminals into this state shall, prior to shipment, provide the commission with the following information on forms prescribed by the commission:
(1) The full name and address of the person shipping the video lottery terminals;
(2) The method of shipment and the name of the carrier;
(3) The full name and address of the permittee to which the video lottery terminals are being sent and the destination of the terminals if different from the address of the permittee;
(4) The number of video lottery terminals in the shipment;
(5) The serial number of each video lottery terminal in the shipment;
(6) The model number and description of each video lottery terminal in the shipment; and
(7) The expected arrival date of the video lottery terminals at their respective destination within this state.
(b) A permittee that purchases or leases a video lottery terminal shall, upon receipt of the terminal, provide the commission with the following information on forms prescribed by the commission:
(1) The full name and address of the limited video lottery retailer who will receive the video lottery terminal;
(2) The full name and address of the manufacturer from whom the video lottery terminal was received;
(3) The serial number of each video lottery terminal received;
(4) The model number and description of each video lottery terminal received;
(5) The date and time of video lottery terminal arrival; and
(6) The expected date and time of video lottery terminal installation.
(c) If a video lottery terminal is not placed in operation, the permittee shall notify the commission in writing of the location where the terminal is stored.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1206. Any Other Transportation of Video Lottery Terminals

(a) Any person who transports a video lottery terminal from one location to another in this state, other than for repair or servicing purposes, shall notify the commission in writing prior to the transportation of the terminal and provide the following information on forms required by the commission:
(1) The full name and address of the person or entity transporting the video lottery terminal;
(2) The reason for transporting the video lottery terminal;
(3) The full name and address of the person or entity to whom the terminal is being sent and the destination of the video lottery terminal if it is different from the address;
(4) The serial and model number of the video lottery terminal;
(5) The video lottery terminal license number, if affixed;
(6) The manufacturer of the video lottery terminal; and
(7) The expected date and time of video lottery terminal installation or reinstallation.
(b) Any person shipping video lottery terminals to a destination outside of this state shall, prior to the shipment, provide the commission with the following information on forms prescribed by the commission:
(1) The full name and address of the person shipping the video lottery terminals;
(2) The method of shipment and the name of the carrier;
(3) The full name and address of the person to whom the video lottery terminals are being sent and the destination of the video lottery terminals if different from the address;
(4) The serial number of each video lottery terminal being shipped;
(5) The model number and description of the video lottery terminal being shipped;
(6) The video lottery terminal control number, if affixed;
(7) The manufacturer of the video lottery terminal being shipped; and
(8) The expected date and time of the shipment.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1301. Maintenance of Video Lottery Terminals

OF VIDEO LOTTERY TERMINALS.
§29-22B-1301. Maintenance of video lottery terminals.
(a) No video lottery terminal may be placed in operation in this state until the manufacturer provides training in the service and repair of each approved video lottery terminal model and service technicians complete the training.
(b) Manufacturers shall submit to the commission the following information on each training program conducted:
(1) An outline of the training curriculum;
(2) A list of the instructors and their qualifications;
(3) Instructional materials; and
(4) The time, dates and location of the training programs.
(c) Manufacturers shall notify all licensed permittees who have purchased or leased that manufacturer's video lottery terminals of all scheduled training programs.
(d) The manufacturers shall schedule training programs at convenient locations within this state to facilitate attendance by service technicians.
(e) Manufacturers shall inform licensed permittees of any new developments in the service and repair of video lottery terminals and provide appropriate subsequent training programs.
(f) The manufacturers shall issue a training certificate to each person upon successful completion of a video lottery training program.
(g) The certificate shall include the name of the person who completed the training program and the date and the location of the training program.
(h) A person who successfully completes training is eligible for a service technician's license.
(i) No person may conduct maintenance (other than clearing paper ticket jams or clearing coin and bill acceptor jams) on any video lottery terminal or associated equipment unless the commission has issued a service technician license to that person.
(j) Each manufacturer shall file with the commission the following information within two weeks after the completion of a training program:
(1) The name of each person who attended and completed the training program;
(2) The name of the manufacturer offering the course;
(3) The manufacturer's video lottery terminal models on which training for service and repair was provided;
(4) The date and location of the training program; and
(5) Copies of all certificates of completion.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1302. Maintenance Log

A written maintenance log shall be kept within the main cabinet access area in each video lottery terminal. Every person, including lottery personnel, who gains entry into any internal space of a video lottery terminal shall sign the log, record the time and date of entry, record the mechanical meter readings and list the areas inspected or repaired. The maintenance log forms shall be retained by permittees for a period of three years from the date of the last entry. The maintenance logs shall be available upon request for inspection by the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1304. Repairs to Logic Board or Circuitry

(a) No repairs to, or replacement of, the logic board or circuitry within the logic area shall occur unless authorized commission personnel are present and observe the repairs or replacement.
(b) The logic area seal shall not be broken by anyone other than authorized commission personnel.
(c) Each service technician shall submit a written report to the commission within twenty-four hours after the repairs or replacement are completed and the report shall include the serial number of any replacement board and the new logic area seal number.
(d) The commission shall test the software EPROMS on the logic board of each video lottery terminal prior to sealing the logic area.
(e) License holders shall promptly notify the commission in writing of any discovered damage, tears or breaks in the logic area seal. This written notification shall be delivered electronically or by telephone facsimile machine whenever possible. Upon receipt of that notice, the commission shall disable the video lottery terminal. The video lottery terminal shall remain disabled until completion by the commission of an investigation of the seal damage.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1401. Accounting for the State's Share of Gross Terminal Income

DISTRIBUTION OF REVENUES.
§29-22B-1401. Accounting for the state's share of gross terminal income.
(a) The gross terminal income from all operating video lottery terminals of a permittee shall be calculated periodically by the commission.
(b) Each licensed permittee shall maintain in its bank account an amount equal to or greater than the Lottery Commission's share of the gross terminal income from its operation of video lottery machines, to be electronically transferred by the Lottery Commission on dates established by the commission.
(c) Upon a permittee's failure to maintain the bank account balance required in subsection (b) of this section, the commission may disable all of a permittee's video lottery terminals until full payment of all amounts due is made.
(d) Interest shall accrue on any unpaid balance due the commission at the rates charged for state income tax delinquency under chapter eleven of this code. The interest shall begin to accrue on the date payment is due to the commission and shall continue to accrue until the amount due, including applicable interest, is paid. Payments shall be applied first to interest and then to the balance of the amount due the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1402. Resolution of Discrepancies

(a) The commission's central control computer shall keep accurate records of all income generated by each video lottery terminal. The commission shall prepare and send to the permittee a statement by mail, facsimile or Internet e-mail reflecting the gross terminal income generated by the licensee's video lottery terminals. Each permittee shall report to the commission any discrepancies between the commission's statement and each terminal's mechanical and electronic meter readings.
(b) The permittee is solely responsible for resolving income discrepancies between actual money collected and the amount shown on the accounting meters or on the commission's billing statement.
(c) The licensed operator is solely responsible for paying the negotiated share of net terminal income, to each limited video lottery retailer to whom it has supplied video lottery terminals under the provisions of this article.
(d) Each limited video lottery retailer's periodic distribution from the appropriate operator shall be paid by check or by electronic funds transfer to the limited video lottery retailer's designated bank account.
(e) Until an accounting discrepancy is resolved in favor of the permittee, the commission may make no credit adjustments.
(f) For any video lottery terminal reflecting a discrepancy, the permittee shall submit to the commission the maintenance log which includes current mechanical meter readings and the audit ticket which contains electronic meter readings generated by the terminal's software.
(g) If the meter readings and the commission's records cannot be reconciled, final disposition of the matter shall be determined by the commission.
(h) Any accounting discrepancies that cannot be otherwise resolved shall be resolved in favor of the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1403. Payover of State's Share of Gross Terminal Income

(a) The commission shall periodically transfer from each permittee's bank account described in subsection 22B-1401(b) of this article, the state's share of gross terminal income as calculated under section 22B-1408 of this article.
(b) The permittee shall remit payment by mail and submit the report required by subsection (c) of this section if the electronic transfer of funds is not operational or the commission notifies the permittee that remittance by this method is required.
(c) If the remittance is by mail, the permittee shall report an amount equal to the total amount of cash inserted into each video lottery terminal operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminal in exchange for winning redemption tickets, and remit the state's share of the amount generated from its terminals during the reporting period. The remittance shall be sealed in a properly addressed and stamped envelope and deposited in the United States mail no later than noon on the day when the payment would otherwise be completed through electronic funds transfer.
(d) A permittee may, upon request, receive additional reports of play transactions for their respective video lottery terminals and other marketing information not considered confidential by the commission. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1404. Permittees to Furnish Bank Authorizations

(a) Each permittee shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission and from the commission to each permittee.
(b) Each permittee shall provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1405. State's Share of Gross Terminal Income Held in Trust

The amount of gross terminal income required to be paid over to the commission, shall be deemed to be moneys held in trust for the State of West Virginia while in the possession or constructive possession of any operator or limited video lottery retailer and until the state's share of gross terminal income is paid over to the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1406. Examination of Permittee Books and Records

The commission has the right to examine all accounts, bank accounts, financial statements and records in a permittee's possession, under its control or in which it has an interest and the licensed permittee shall authorize all third parties in possession or in control of the accounts or records to allow examination of any of those accounts or records by the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1501. Appeal of Order

§29-22B-1501. Appeal of order.
(a) Any applicant or license holder adversely affected by an order issued under this article has the right to a hearing on the order before the commission or a person designated as hearing examiner, if a petition in writing requesting a hearing is served upon the commission within ten days following the receipt of the order by the applicant, or license holder.
(b) A petition for hearing shall be served on the commission by delivery in person at the primary office of the commission or by certified mail. By procedural rule, the commission may allow other methods of service.
(c) The service of a petition for hearing upon the commission shall not operate to suspend the execution of any suspension or revocation of a video lottery license or any other order of the commission with respect to which a hearing is being demanded.
(d) The commission shall set a date for any hearing demanded and notify the person demanding the hearing not later than ten days before the hearing date of the date, time and place of the hearing. The hearing shall be held within thirty days after receipt of the petition.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1502. Contents of Petition for Hearing; Security

(a) A petition for a hearing shall be in writing and shall include an original and one copy. The petition shall contain the following:
(1) A clear and concise statement of each error which the petitioner alleges to have been committed by the commission in refusing to issue a license, or suspending or revoking a license, with each assignment of error being shown in separately numbered paragraphs;
(2) A clear and concise statement of fact upon which the petitioner relies as sustaining each assignment of error;
(3) A prayer setting forth the relief sought;
(4) The signature of the petitioner; and
(5) Verification by the petitioner.
(b) The person demanding a hearing shall give security for the cost of the hearing in the amount of $300 in the form of a certified check, cashier's check or money order, which shall accompany the petition demanding a hearing.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1504. Judicial Review

The applicant or license holder who filed the petition for administrative review may appeal the decision of the commission issued under section 22B-1503 to the circuit court of Kanawha County, West Virginia, if the petition for appeal is filed no later than thirty days after the date upon which the petitioner receives written notice of the final decision of the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1601. Imposition of Civil Penalties by the Commission

§29-22B-1601. Imposition of civil penalties by the commission.
The commission may impose the civil penalties provided for in this part 16. These civil penalties may be imposed in conjunction with one or more other civil penalties provided in this part 16 and in conjunction with a license suspension or revocation or other administrative action taken against a licensee, or as a result of an action or inaction by a licensee for which the commission is also seeking criminal prosecution.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1602. Civil Penalties Applicable to Limited Video Lottery Retailers

(a) For allowing persons under age twenty-one years to play video lottery games, the limited video lottery retailer shall be fined:
(1) Two hundred dollars for a first violation;
(2) One thousand dollars for a second violation; and
(3) Five thousand dollars for a third violation.
For each subsequent violation, the fine imposed by the commission shall increase by $5,000.
(b) For allowing persons under age twenty-one years to be present at a video lottery terminal or in the immediate area where video lottery terminals are present, the limited video lottery retailer may be fined:
(1) One hundred dollars for a first violation;
(2) Two hundred dollars for a second violation; and
(3) Three hundred dollars for a third violation.
For each subsequent violation, the fine imposed by the commission shall increase by $100.
(c) For allowing a person or persons to tamper in any way with, or disconnect, any data line or feature that allows the state's central control computer to communicate with each video lottery terminal in the premises, the limited video lottery retailer may be fined:
(1) One thousand dollars for a first violation;
(2) Five thousand dollars for a second violation; and
(3) Ten thousand dollars for a third violation.
For each subsequent violation, the fine imposed by the commission shall increase by $10,000.
(d) For entering the logic area of a video lottery terminal or allowing an unauthorized person or persons to enter the logic area of a video lottery terminal, or tampering in any way with the lottery security seal, any EPROM or other chip or memory device installed in the logic area, whether or not any tampering would alter any characteristic of the video lottery terminal, the limited video lottery retailer may be fined:
(1) One thousand dollars for a first violation;
(2) Five thousand dollars for a second violation; and
(3) Ten thousand dollars for a third violation.
For each subsequent violation, the fine imposed by the commission shall increase by $10,000.
(e) For failure to aim or focus a closed circuit television camera on all video lottery terminals in the premises or for failure to record all video lottery terminals during the hours of operation of the limited access adults-only facility, the limited video lottery retailer shall be fined:
(1) One hundred dollars for a first violation;
(2) One thousand dollars for a second violation; and
(3) Five thousand dollars for a third violation.
For each subsequent violation, the fine imposed by the commission shall increase by $5,000.
(f) For violating the provisions of subdivision (10), subdivision (13) or subdivision (14) of section 29-22B-702 of this article, the limited video lottery retailer shall be fined:
(1) One hundred dollars for a first violation;
(2) One thousand dollars for a second violation;
(3) Five thousand dollars for a third violation.
For each subsequent violation the fine imposed by the commission shall increase by an additional $5,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1603. Civil Penalties Applicable to Service Technicians

(a) For entering the logic area of any video lottery terminal at any time when a representative of the West Virginia Lottery Commission is not present and observing the process, the service technician shall be fined:
(1) One hundred dollars for a first violation;
(2) One thousand dollars for a second violation; and
(3) Three thousand dollars for a third violation.
(b) For each subsequent violation, the fine imposed by the commission shall increase by $1,000. If two or more service technicians participate in violation of this section, each service technician shall be fined according to this schedule.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1604. Civil Penalties Applicable to Permittees

(a) For employing or contracting with persons, other than service technicians licensed by the commission, to repair video lottery terminals, the permittee shall be fined:
(1) One thousand dollars for a first violation;
(2) Five thousand dollars for a second violation; and
(3) Ten thousand dollars for a third violation.
For each subsequent violation, the fine imposed by the commission shall increase by $10,000.
(b) For acquiring, or installing in licensed premises, any video lottery terminal that has not been manufactured and supplied by a licensed manufacturer, that has not also been tested and approved by the commission's independent testing laboratory, and that has not been approved for use in this state by the commission, the permittee shall be fined:
(1) Five thousand dollars for a first violation;
(2) Ten thousand dollars for a second violation.
(c) For each subsequent violation, the fine imposed by the commission shall increase by $10,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1605. Civil Penalties Applicable to Manufacturers

(a) For shipping a video lottery terminal into this state to a person who does not have a permit issued by the commission under this article, the manufacturer shall be fined:
(1) One thousand dollars for a first violation;
(2) Five thousand dollars for a second violation; and
(3) Ten thousand dollars for a third violation.
(b) For each subsequent violation, the fine imposed by the commission shall increase by $10,000.
(c) For shipping a video lottery terminal into this state that is not identical to a video lottery terminal make and model approved by the commission, including the electronic computer components, the random number generator, the coin acceptor, the bill acceptor, and the cabinet in which the video lottery terminal is housed, the manufacturer shall be fined:
(1) One thousand dollars for a first violation;
(2) Five thousand dollars for a second violation; and
(3) Ten thousand dollars for a third violation.
(d) For each subsequent violation, the fine imposed by the commission shall increase by $10,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1606. Civil Penalties for Failure of Licensees to Perform Duties

A person who fails to perform any of the duties or obligations created and imposed upon them by the provisions of this article or legislative rule of the commission is subject to a civil penalty as may be determined by the commission in an amount not to exceed $10,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1607. Civil Action to Collect Penalty

(a) The commission may collect any money penalty imposed pursuant to this article by instituting civil action in any court of this state having jurisdiction over the named defendant.
(b) Collection shall be barred unless the civil action is commenced within six years after the later of (1) the date on which the prohibited conduct establishing the cause of action occurred, or (2) the date on which the commission first knew or should reasonably have known the prohibited conduct had occurred.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1701. Financial Interest of Director, etc.; Receiving Reward From Interested Party; Criminal Penalty; Application of Bribery Statute

§29-22B-1701. Financial interest of director, etc.; receiving reward from interested party; criminal penalty; application of bribery statute.
(a) Neither the director of the commission, nor any member or employee of the commission, may be financially interested, or have any beneficial personal interest, direct or indirect, in any person furnishing video lottery terminals or video lottery games, or in any person who is a bidder for video lottery terminals, or who is a holder of a license issued under this article.
(b) Neither the director of the commission, nor any member or employee of the commission, may accept or receive, directly or indirectly, from any person known by the director, commission member or employee of the commission to be interested in any bid, contract or licensee under this article, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward, or compensation.
(c) A person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of subsection (b) of this section under circumstances constituting the crime of bribery under the provisions of section 61-5A-3 of this code, shall, upon conviction of bribery, be punished as provided in article 61-5A-1, et seq., of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1702. Criminal Penalties for Unlawful Inducement

(a) Any person who gives another person any thing of value to induce the other to refrain from bidding for a video lottery permit is guilty of a misdemeanor and, upon conviction, shall be fined not more than $10,000 and, in addition, shall be subject to a civil penalty payable to the commission of $500,000.
(b) Any person who gives a person any thing of value to induce the other to refrain from placing a video lottery terminal at a restricted access adult-only facility is guilty of a misdemeanor and, upon conviction, shall be fined not more than $10,000 and, in addition, shall be subject to a civil penalty payable to the commission of $500,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1703. Criminal Penalty for Unauthorized Game on Authorized Video Lottery Terminal

(a) A licensee who places a video lottery game on a video lottery terminal that is allowed under this article without authority of the commission to do so is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail for a term of not more than one year, and fined not more than $5,000, except that, in the case of a person other than an individual, the amount of the fine imposed may be not more than $25,000.
(b) A second and each subsequent offense under this section shall be a felony and, upon conviction thereof, the person shall be confined in a state correctional facility for a term of not less than one year nor more than three years and fined not less than $5,000 nor more than $10,000, except that in the case of a person other than an individual, the fine may not be less than $25,000 nor more than $50,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1704. Criminal Penalty for Unauthorized Video Lottery Terminal

(a) A licensee who places a video gambling machine into play is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail for a term of not more than one year, and fined not less than $5,000 nor more than $10,000, except that, in the case of a person other than an individual, the fine may not be less than $20,000 nor more than $30,000.
(b) A second and each subsequent offense under this section shall be a felony and, upon conviction thereof, the person shall be confined in a state correctional facility for a term of not less than one year nor more than three years and fined not less than $10,000 nor more than $20,000, except that in the case of a person other than an individual, the fine may not be less than $25,000 nor more than $50,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1705. Criminal Penalty for Possession of Video Gambling Machine

(a) After December 31, 2001, any person who has a video gambling machine in their actual or constructive possession in this state is guilty of a felony and, upon conviction thereof, shall for a first conviction be confined in a state correctional facility for a term of not less than one year nor more than three years, and fined not less than $50,000 nor more than $100,000, for each video gambling machine in the person's actual or constructive possession in this state, except that, in the case of a person other than an individual, the fine may not be less than $100,000 nor more than $500,000 for each video gambling machine in the person's actual or constructive possession in this state.
(b) For any second or subsequent conviction under this section the person shall be confined in a state correctional facility for a term of not less than two years nor more than five years, and fined not less than $100,000 nor more than $500,000, for each video gambling machine in their actual or constructive possession in this state, except that, in the case of a person other than an individual, the fine may not be less than $500,000 nor more than $1 million for each video gambling machine in the person's actual or constructive possession in this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1706. Criminal Penalty for Expired Operator or Limited Video Lottery Retailer's License

(a) A person who operates, carries on or exposes for play a video lottery game or video lottery terminal after the person's license has expired and prior to the actual renewal of the license is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail for not more than one year or fined not less than $1,000 nor more than $5,000, except that, in the case of a person other than an individual, the amount of the fine imposed may not be less than $10,000 nor more than $25,000.
(b) A second and each subsequent offense under this section shall be a felony and, upon conviction thereof, the person shall be confined in a state correctional facility for a term of not less than one year nor more than three years and fined not less than $10,000 nor more than $20,000, except that in the case of a person other than an individual, the fine may not be less than $25,000 nor more than $50,000.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 22B. Limited Video Lottery › §29-22B-1707. Criminal Penalty for Possession of Altered or Nonconforming Video Lottery Terminal, Device or Related Material

(a) A person who possesses any video lottery terminal that is not a video gambling machine or possesses any other device, equipment or material which the person knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail not more than one year and fined not less than $1,000 nor more than $5,000, except that, in the case of a person other than an individual, the amount of the fine imposed may be not less than $5,000 nor more than $25,000.
(b) A second and each subsequent offense under this section shall be a felony and, upon conviction thereof, the person shall be confined in a state correctional facility for a term of not less than one year nor more than three years and fined not less than $5,000 nor more than $25,000, except that in the case of a person other than an individual, the fine may not be less than $50,000 nor more than $100,000.