West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-03 - Licensees And The Americans with Disabilities Act › Section 179-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For the purposes of this rule, the following words and
				  phrases have the meaning ascribed to them in this Section unless the context of
				  the rule clearly indicates otherwise.
2.1. "Accessibility of the public to the
				licensed premises proposed by applicant" means the ability of a significant
				number of customers to frequent a business location and to thereby be exposed
				to the availability of lottery games; and it also means the ability of a person
				with a disability covered by the Americans With Disabilities Act to play
				lottery games at that location.
2.2. "Act" or "State Act" means the State
				Lottery Act, W. Va. Code '29-22-1 et
				seq.
2.3. "ADA" means the Americans
				with Disabilities Act of 1990, 42 United States Code, ''12101-12213 and 47
				United States Code, '225 and '611.
2.4. "Agency" means the State Lottery, its
				Director and the State Lottery Commission which operate and administer the West
				Virginia State Lottery, pursuant to authority granted under the Act.
2.5. "Applicant" means a person who has filed
				an application to become a lottery retailer or lottery sales agent.
2.6. "Commission" or "State Lottery
				Commission" means the State Lottery Commission created by the Act.
2.7. "Director" means the individual
				appointed by the Governor to provide management and administration necessary to
				direct the Lottery office or any other person to whom the Director's authority
				is lawfully delegated.
2.8.
				"Disability" with respect to an individual means that the individual has a
				physical or mental impairment that substantially limits one or more of the
				major life activities of the individual; or, that the individual has had a
				record of such an impairment; or, that the individual is regarded as having
				such an impairment.
2.9.
				"Enforcement Authority" means the United States Department of Justice; or, the
				West Virginia Human Rights Commission, W. Va. Code '5-11-1 et seq.; or,
				any West Virginia municipal or county building code inspection officer.
2.10. "Lottery Game" means the
				public gaming system or games established and operated by the state lottery
				office.
2.11. "Lottery licensed
				facility" means a place of public accommodation operated by a licensed lottery
				sales agent or a lottery retailer, including all or any portion of buildings,
				structures, sites, complexes, equipment, walks, passageways, parking lots, or
				other real or personal property including the site where the building,
				property, structure, or equipment is located, to the extent used in the conduct
				of lottery activities.
2.12.
				"Lottery Retailer" or "Retailer" means any person licensed by the Commission to
				sell and dispense instant tickets and materials or lottery games.
2.13. "Lottery Sales Agent" or "Sales Agent"
				or "On-Line Agent" means any person licensed by the Commission to sell and
				dispense lottery tickets and materials, and to operate electronic terminals,
				and lottery games in the sales and dispensing of lottery tickets and
				materials.
2.14. "Lottery Ticket"
				or "Tickets" means tickets or other tangible evidence of participation used in
				lottery games or gaming systems.
2.15. "Readily achievable" means an action to
				be taken by a lottery retailer or lottery sales agent that is easily
				accomplished and able to be carried out without much difficulty or expense. In
				determining whether an action is readily achievable, factors to be considered
				include:
2.15.1. The nature and cost of the
				action needed;
2.15.2. The overall
				financial resources of the site or sites involved in the action; the number or
				persons employed at the site; the effect on expenses and resources; legitimate
				safety requirements that are necessary for safe operation, including crime
				prevention measures; or the impact otherwise of the action upon the operation
				of the site;
2.15.3. The geographic
				separateness and the administrative or fiscal relationship of the site or sites
				in question to any parent corporation or entity;
2.15.4. If applicable, the overall financial
				resources of any parent corporation or entity with respect to the number of its
				employees; the number, type, and location of its facilities; and
2.15.5. If applicable, the type of operation
				or operations of any parent corporation or entity, including the composition,
				structure, and functions of the workforce of the parent corporation or
				entity.