reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 8 - ACCOUNTING RECORDS AND PROCEDURES › Section 179-4-144 - Deposits of Wagering Tax; Weekly Tax Return

Current through Register Vol. XLI, No. 28, July 12, 2024
144.1. The limited gaming facility licensee
				  shall maintain a separate depository account for receipt and disbursement of
				  adjusted gross receipts. The limited gaming facility licensee shall provide to
				  the Commission weekly and other periodic reconciliations of funds deposited
				  into this account and disbursements made from this account including the weekly
				  transfer from the limited gaming facility licensee to the commission.
144.2. Each Wednesday, the limited gaming
				  facility licensee shall, by electronic funds transfer, pay the privilege tax
				  contained in the corresponding tax return emailed to the Commission as required
				  by subsection three of this section.
144.3. Each Wednesday, the limited gaming
				  facility licensee shall submit electronically to the Commission a privilege tax
				  return for the adjusted gross receipts from authorized games of chance and
				  video lottery covering the previous calendar (Sunday through Saturday) week.
				  The limited gaming facility shall complete the Commission's prescribed
				  electronic format and shall email the return to casinotaxreturn@wvlottery.com.
				  As technology changes and improves, the Commission may by interpretive rule
				  specify another means of reporting.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 8 - ACCOUNTING RECORDS AND PROCEDURES › Section 179-4-145 - Human Resource Benefit Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
145.1. Pursuant to West Virginia Code §
				  29-25-22 a, the historic resort hotel shall be reimbursed by the Commission for
				  each dollar it expends for sickness and accident benefits, medical coverage,
				  and pension coverage for its employees, so long as the amount requested to be
				  reimbursed does not exceed the amount in the Human Resource Benefit Fund. The
				  historic resort hotel is entitled to reimbursement from the Human Resource
				  Benefit Fund regardless of whether it is the operator of the limited gaming
				  facility located on its premises.
145.2. As a condition of continuing
				  eligibility for reimbursement of certain fringe benefits from the Human
				  Resources Benefit Fund, the historic resort hotel shall follow the requirements
				  set forth in the Act and this rule, as well as comply with related requests of
				  the Commission.
145.3. Prior to
				  reimbursement from the Human Resource Benefit Fund, the historic resort hotel
				  shall submit a request to the Commission. This request shall be in a format
				  prescribed by the Commission. The request shall be submitted to the Commission
				  electronically. The request made to the Commission shall include:
145.3.a. The amount of requested
				  reimbursement;
145.3.b. The fringe
				  benefit for which the historic resort hotel requests reimbursement;
145.3.c. The date of payment on the fringe
				  benefit; and
145.3.d. Any other
				  information that the Commission considers necessary for its determination of
				  whether or not to approve reimbursement.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-151 - Purpose of Credit Extension Procedures; Establishment of Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
151.1. Procedures
				  for the extension of credit by the limited gaming facility licensee to a patron
				  shall not include the use by a patron of a major credit card to pay for chips,
				  tokens, coins or vouchers, or rendering to a patron a total hotel bill that
				  includes gaming charges of not more than $1,000. Rather, the procedures
				  regulate the issuance of credit directly by the limited gaming facility to a
				  gaming patron. The limited gaming facility licensee shall submit procedures for
				  extending credit for the following reasons:
151.1.a. To ensure that markers issued by the
				  limited gaming facility licensee are issued only in accordance with the
				  specific or general authorization of this rule;
151.1.b. To ensure that the functions,
				  duties, and responsibilities of the licensee's employees involved in the
				  extension of credit are appropriately segregated and performed in accordance
				  with sound practices by competent, qualified personnel;
151.1.c. To ensure that a casino employee is
				  not in a position to perpetuate and conceal errors or irregularities in the
				  normal course of his or her duties; and
151.1.d. To ensure that procedures are
				  conducted with integrity and in accordance with the Act and this
				  rule.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-152 - Submission of Written Extension of Credit Procedures to the West Virginia Lottery

Current through Register Vol. XLI, No. 28, July 12, 2024
152.1.
				  The limited gaming facility licensee shall submit procedures for extending
				  credit to the West Virginia Lottery.
152.2. Procedures for extending credit shall
				  be in compliance with this rule.
152.3. Both of the following provisions apply
				  to the submission of extension of credit procedures:
152.3.a. The limited gaming facility licensee
				  shall submit procedures for extending credit to the Commission not less than 30
				  days before the commencement of gambling operations; and
152.3.b. Procedures for extending credit may
				  not be used by the limited gaming facility licensee unless the procedures for
				  extending credit have been submitted, in writing, and approved by the
				  Commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-153 - Amendments to Procedures for Extending Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
153.1. Both of the following provisions apply
				  to an amendment to procedures for extending credit:
153.1.a. Unless otherwise authorized by the
				  Commission, an amendment to a portion of the procedures for extending credit
				  shall be submitted to the Commission not less than 45 days before using the
				  procedures for extending credit; and
153.1.b. The limited gaming facility licensee
				  shall not use an amendment to procedures for extending credit unless the
				  amendment to the procedures for extending credit has been submitted, in
				  writing, to the West Virginia Lottery.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-154 - Procedures for Extending Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
154.1. Procedures for establishing credit
				  shall, at a minimum, include the following:
154.1.a. Procedures for verification of the
				  credit application;
154.1.b.
				  Procedures for the review and approval of the credit limit for the patron,
				  including specific minimum credit-worthiness standards a patron requesting
				  credit must meet, such as a minimum credit rating number, and the casino
				  maximum credit limit for a patron;
154.1.c. Procedures for the computerized or
				  manual issuance of markers;
154.1.d. A designation of the licensed
				  occupational positions that are authorized to issue markers;
154.1.e. A description of the marker and the
				  information and signatures required to authorize the marker;
154.1.f. A description of the procedures for
				  processing payments against credits received by the casino licensee;
154.1.g. Procedures to be followed in
				  connection with accepting front money deposits;
154.1.h. Procedures to be followed in
				  connection with cashing checks or drafts by the limited gaming facility
				  licensee, including identifying the types of checks that may be
				  cashed;
154.1.i. Procedures to be
				  followed in the handling of returned checks;
154.1.j. Procedures for the collection of
				  past due markers and returned checks, and procedures for the write-off of past
				  due markers and returned checks;
154.1.k. Procedures to increase or decrease
				  an established credit line; and
154.1.l. Other procedures considered
				  necessary by the Director or the Commission to ensure compliance with the Act
				  and this rule.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-155 - Verification of Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
155.1.
				  The limited gaming facility licensee may verify a patron's outstanding
				  indebtedness, as required by this rule, by contacting a consumer credit bureau
				  that is reasonably likely to possess information concerning the patron or a
				  casino credit bureau, or both, to determine whether the patron has any
				  liabilities or if there is any derogatory information concerning the patron's
				  credit history.
155.2. Credit
				  bureau contact shall be considered a verification of the outstanding
				  indebtedness provided by the patron. If credit bureau contact is not
				  immediately possible, then the limited gaming facility licensee may use an
				  alternative source that has made the required contact. The limited gaming
				  facility licensee shall record the source of verification and the method by
				  which the verification was performed in the patron's credit file.
155.3. If neither credit bureau has
				  information relating to a patron's outstanding indebtedness, then the limited
				  gaming facility licensee shall record this information in the patron's credit
				  file.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-156 - Issuance of Markers

Current through Register Vol. XLI, No. 28, July 12, 2024
156.1.
				  The limited gaming facility licensee shall establish procedures for the
				  computerized or manual issuance of markers, including, at a minimum, all of the
				  following:
156.1.a. A designation of the
				  licensed occupational positions that are authorized to issue markers and a
				  description of their duties;
156.1.b. A description of where markers can
				  be issued.
156.1.c. A description
				  of the marker and the information and signatures required to authorize the
				  marker. Both of the following provisions specify requirements for a marker:
156.1.c.1. The limited gaming facility
				  licensee shall submit the form of its markers to the Commission prior to its
				  use;
156.1.c.2. The form must be a
				  3-part, numbered form;
156.1.c.3.
				  The marker shall include, but not be limited to, all of the following
				  information:
156.1.c.3.A. The patron's name
				  and casino account number;
156.1.c.3.B. The dollar amount of the
				  marker;
156.1.c.3.C. The casino
				  marker number;
156.1.c.3.D. The
				  current time and date;
156.1.c.3.E.
				  The required signatures; and
156.1.c.3.F. A description of the term of
				  repayment, including the rate of interest, if
				  any;
156.1.d. A
				  description of the distribution of each part of the marker;
156.1.e. Verification of the patron's
				  identity through identification credentials before the issuance of the
				  marker;
156.1.f. Verification of
				  available credit;
156.1.g. A
				  description of the recording of the credit transaction;
156.1.h. A description of accountability and
				  control over the markers; and
156.1.i. Other information considered
				  necessary by the Commission to ensure compliance with this rule.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-157 - Receipt of Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
The limited gaming facility licensee shall establish
					 policies and procedures approved by the West Virginia Lottery in accordance
					 with this rule to ensure that all payments received on outstanding credit
					 instruments are recorded in a timely fashion. The procedures shall, at a
					 minimum, include all of the following:
157.1. A description of the procedure for
				  processing payments received by the limited gaming facility licensee in any
				  manner;
157.2. Requirements for the
				  consolidation of markers;
157.3. A
				  detailed description of the distribution of all parts of redeemed and
				  consolidated markers and redemption vouchers; and
157.4. A detailed allocation of principal and
				  interest on each payment made, if any.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-158 - Front Money Deposits

Current through Register Vol. XLI, No. 28, July 12, 2024
158.1.
				  The limited gaming facility licensee shall establish procedures approved by the
				  Commission in accordance with this rule in connection with front money
				  deposits. The limited gaming facility licensee shall establish policies and
				  procedures approved by the Commission in accordance with this rule to ensure
				  that all applicable currency transaction reporting requirements will be
				  enforced in accordance with applicable state and federal law.
158.2. Any of the following may be accepted
				  from patrons for the purpose of customer deposits:
158.2.a. Cash or a cash equivalent;
158.2.b. Value chips issued by the limited
				  gaming facility licensee; and
158.2.c. Tokens issued by the limited gaming
				  facility licensee.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-159 - Check Cashing

Current through Register Vol. XLI, No. 28, July 12, 2024
159.1.
				  The limited gaming facility licensee shall establish policies and procedures
				  approved by the Commission in accordance with this rule in connection with
				  cashing checks or drafts by the limited gaming facility licensee. Only the
				  following types of checks may be cashed by the limited gaming facility
				  licensee:
159.1.a. Personal checks;
159.1.b. Drafts;
159.1.c. Cashier's checks;
159.1.d. Money orders;
159.1.e. Credit card and debit card advance
				  checks;
159.1.f. Traveler's checks;
				  and
159.1.g. Wire transfers and
				  other kinds of checks approved by the Commission;
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-160 - Handling of Returned Checks

Current through Register Vol. XLI, No. 28, July 12, 2024
160.1. The limited gaming facility licensee
				  shall establish policies and procedures approved by the Commission in the same
				  manner as the procedures for extension of credit for the handling of returned
				  checks.
160.2. A returned check
				  shall be received and documented on a returned check log by a department
				  independent of the casino cage or credit department, or both. If the licensee
				  uses a check-cashing service, then the licensee shall establish a procedure for
				  the retention of copies of returned checks.
160.3. The limited gaming facility licensee
				  shall establish procedures for collecting and recording checks returned to the
				  limited gaming facility licensee after deposit, including redeposit
				  procedures.
160.4. The limited
				  gaming facility licensee's collections department shall maintain a continuous
				  record of all returned checks. The records shall contain all of the following
				  information:
160.4.a. The original date of
				  the check;
160.4.b. The name and
				  address of the drawer of the check;
160.4.c. The amount of the check;
160.4.d. The date the check was dishonored;
				  and
160.4.e. The date or dates and
				  amount or amounts of any collections received on the check after being returned
				  by a bank.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-161 - Collection of Past Due Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
The limited gaming facility licensee shall establish
					 policies and procedures for the collection of past due markers and returned
					 checks. The procedures shall be approved by the Commission in the same manner
					 as the extension of credit.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 9 - CREDIT › Section 179-4-162 - Write-Off of Past Due Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
The limited gaming facility licensee shall establish
					 policies and procedures for the write-off of past due markers and returned
					 checks. The procedures shall be approved by the Commission. The procedures
					 shall, at a minimum, shall satisfy both of the following provisions:
162.1. Establish a write-off committee;
				  and
162.2. Authorize write-off by
				  the write-off committee.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 10 - EXCLUSION OF PERSONS › Section 179-4-171 - Exclusion List; Duty to Exclude

Current through Register Vol. XLI, No. 28, July 12, 2024
171.1. Entry into the limited gaming facility
				  of the historic resort hotel shall be denied to any person who is excluded
				  under this rule. If the Director places a person on the Commission exclusion
				  list, the person is prohibited from entering the limited gaming facility until
				  a determination is made by the Commission or a court to the contrary.
171.2. The limited gaming facility licensee
				  shall exclude or eject any excluded person from its premises if the limited
				  gaming facility licensee or the licensee's agents know or reasonably should
				  know that the person is on the exclusion list.
171.3. The limited gaming facility licensee
				  shall inform the Commission, in writing, of the names of persons that it knows
				  or should know meet the criteria for placement on an exclusion list and the
				  reason the person meets the exclusion criteria.
171.4. This rule does not preclude the
				  limited gaming facility licensee from ejecting or barring a person from its
				  casino for reasons considered necessary by the licensee. The limited gaming
				  facility licensee may seek to have a person it has ejected or barred from its
				  premises placed on the exclusion list.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 10 - EXCLUSION OF PERSONS › Section 179-4-172 - Distribution and Availability of Exclusion Lists

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall maintain a list of persons to be
					 ejected or excluded from the limited gaming facility. The exclusion list shall
					 be a public record. The list may be distributed to law enforcement agencies.
					 All of the following information, to the extent known, shall be provided for
					 each excluded person:
172.1. The
				  person's full name and date of birth and all aliases;
172.2. A physical description of the
				  person;
172.3. The effective date
				  the person's name was placed on the exclusion list;
172.4. A photograph of the person, if
				  available;
172.5. The person's
				  occupation and current home and business addresses; and
172.6. Other information considered necessary
				  by the Director to facilitate identification of the person placed on the
				  exclusion list.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 10 - EXCLUSION OF PERSONS › Section 179-4-173 - Criteria for Exclusion and Placement on Exclusion List

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director may place a person on the exclusion list
					 pending a hearing if any of the following provisions apply to the
					 person:
173.1. The person has been
				  convicted of a felony in any jurisdiction or has been convicted of a
				  misdemeanor in any jurisdiction involving gambling, theft, dishonesty, or
				  fraud;
173.2. The person has
				  violated the Act, this rule, or the minimum internal control standards adopted
				  by the Commission;
173.3. The
				  person has performed any act, or has a reputation, that would adversely affect
				  public confidence and trust in the integrity of gaming;
173.4. The person is included on any valid
				  and current exclusion list from another jurisdiction in the United States;
				  and
173.5. The person has realized
				  that he or she has a compulsive gambling disorder and has requested in writing
				  to be excluded from the limited gaming facility and/or all of the state's four
				  pari-mutuel racetracks' video lottery gaming areas.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 10 - EXCLUSION OF PERSONS › Section 179-4-174 - Procedure for Entry of Names on Exclusion List

Current through Register Vol. XLI, No. 28, July 12, 2024
174.1. Upon a determination that a person
				  comes under any of the criteria for exclusion, the person may be subject to
				  exclusion and the Director shall file a notice of exclusion. The notice shall
				  include all of the following information:
174.1.a. The identity of the
				  person;
174.1.b. The nature and
				  scope of the circumstances or reasons that the person should be placed on the
				  exclusion list;
174.1.c. Names of
				  potential witnesses; and
174.1.d. A
				  recommendation as to whether the exclusion or ejection is be permanent. The
				  notice shall also inform the person of the availability of a hearing before the
				  Commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 10 - EXCLUSION OF PERSONS › Section 179-4-175 - Petition for Removal From Exclusion List

Current through Register Vol. XLI, No. 28, July 12, 2024
175.1. A person who has been placed on any
				  exclusion list may petition the Commission, in writing, and request that his or
				  her name be removed from the exclusion list.
175.2. The provisions of W. Va. Code §
										29A-5-1
				  et seq. and the West Virginia Lottery's Administrative Appeals Procedures rule
				  179 CSR 2 shall apply to protests of exclusion under this section.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 11 - DISPUTE PROCEDURES › Section 179-4-181 - Patron Dispute Process

Current through Register Vol. XLI, No. 28, July 12, 2024
181.1. The limited gaming facility licensee
				  shall attempt to resolve all patron disputes and has a period of 10 business
				  days to investigate a patron complaint and resolve the dispute.
181.2. If the limited gaming facility
				  licensee and the patron cannot resolve the dispute, then the licensee shall
				  advise the patron of the patron's right to file a complaint form with the
				  Commission. The complaint may be received by a West Virginia Lottery employee
				  in the casino. The casino will forward a copy of the complaint to West Virginia
				  Lottery headquarters. The limited gaming facility licensee shall provide a
				  patron with a complaint form upon request.
181.3. A complaint shall contain, at a
				  minimum, all of the following information:
181.3.a. The name, address, and telephone
				  number of the patron;
181.3.b. A
				  summary of the nature of the patron complaint, including the date and time on
				  which the incident leading to the dispute occurred;
181.3.c. The physical location and/or
				  identity of the West Virginia Lottery table game or gaming device where the
				  complaint arose, if applicable;
181.3.d. A list of the names, if known, of
				  any occupational licensees that were involved in, or a witness to, the incident
				  that led to the patron dispute;
181.3.e. The name, address, and telephone
				  number, if known, of any witnesses to the incident that led to the patron
				  dispute;
181.3.f. A summary of the
				  limited gaming facility licensee's attempt to resolve the patron dispute;
				  and
181.3.g. Other information
				  considered necessary by the Director or the Commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 11 - DISPUTE PROCEDURES › Section 179-4-182 - Investigation; Possible Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall determine if a patron dispute requires
					 investigation. If the Commission determines that an investigation is necessary,
					 then the West Virginia Lottery security division shall conduct the
					 investigation. If it is determined that the limited gaming facility licensee or
					 an occupational licensee violated the Act, this rule, or the minimum internal
					 control standards adopted by the Commission, then the Commission may initiate
					 disciplinary action.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 11 - DISPUTE PROCEDURES › Section 179-4-183 - Appeals by License Applicants, License Holders and Patrons

Current through Register Vol. XLI, No. 28, July 12, 2024
183.1. A person who
				  appeals an adverse decision or action by the Commission or the Director
				  pursuant to section seventeen of the Act shall give security for the cost of
				  the hearing in the amount of three hundred dollars in the form of a certified
				  check, cashier's check or money order, which shall accompany the petition
				  demanding a hearing.
183.2. The
				  Commission may from time to time increase or decrease the amount of security by
				  interpretive rule or Commission order, giving consideration to the actual
				  average cost of holding an administrative hearing.
183.3. The fee may be waived by the
				  Commission or Director for good cause shown.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this legislative rule is to implement, clarify and
				explain provisions of the Limited Video Lottery Act codified in W. Va. Code
				§
									29-22B-101.
1.2. Authority. -- W. Va. Code §
									29-22B-402.
1.3. Filing Date. -- April 14,
				2022.
1.4. Effective Date. -- July
				1, 2022.
1.5 Sunset Provision --
				This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-2 - Definitions of terms and words

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Advertising" as used in West Virginia Code §
									29-22B-702(13)
				and § 29-22B-706(12) means a media advertisement, utilizing social media,
				an outdoor sign, or a sign inside the licensee's premises that may be seen from
				the outside of the premises, that conveys to the average reader or hearer that
				limited video lottery gaming is available at the retail establishment or from
				the licensed operator.
2.2. "ABCA"
				means the office and agency known as the alcohol beverage control commissioner
				created in W. Va. Code §
									60-2-1.
2.3. "Act" and "the act" mean the Limited
				Video Lottery Act codified in W. Va. Code § 29-22B-1
et
				seq.
2.4. "Central
				computer", "central control computer" or "central site system" means any
				central site computer provided to and controlled by the commission to which
				video lottery terminals communicate for purposes of information retrieval and
				terminal activation and to disable programs. "Central computer" includes the
				computer at the commission's hot backup site when it is functioning as the
				central control computer.
2.5.
				"Control" means the authority to direct the management and policies of an
				applicant for a license or a holder of a license. The following persons are
				considered to have control of an applicant:
2.5.a. Each person associated with a
				corporate applicant, including any corporate holding company, parent company or
				subsidiary company of the applicant, except that:
2.5.a.1 A bank or other licensed lending
				institution that holds a mortgage or other lien acquired in the ordinary course
				of business does not have control of the applicant;
2.5.a.2 An investment advisor who is
				registered with the United States Securities and Exchange Commission and whose
				beneficial interest in the applicant is held strictly for investment purposes,
				who has the ability to control the activities of the corporate applicant or to
				elect a majority of the board of directors of that corporation does not have
				control of the applicant; and
2.5.a.3 An institutional investor who is
				registered with the United States Securities and Exchange Commission and whose
				beneficial interest in the applicant is held strictly for investment purposes,
				who has the ability to control the activities of the corporate applicant or to
				elect a majority of the board of directors of that corporation. The applicant
				or licensee has the burden of proving that the interest is held for investment
				and not for direct or indirect control of the applicant or licensee;
				and
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-3 - Review of continuing eligibility for license

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The commission shall determine on a
				continuing basis the eligibility of licensees to hold a license by one or more
				of the following means:
3.1.a. The commission
				shall review the qualifications of each licensee on at least an annual
				basis;
3.1.b. The commission shall
				perform spot audits at retailer locations and at operator locations;
				and
3.1.c. The commission shall
				review reports of violations discovered by lottery investigators and ABCA
				inspectors during site visits to locations of operators, limited video lottery
				retailers and service technicians.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-4 - Application forms and other documents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The commission shall approve the forms
				of application to be used, including, but not limited to:
4.1.a. An application form;
4.1.b. A personal data
				form
;
4.1.c. FBI fingerprint cards; and
4.1.d. IRS form 8821 to disclose income tax
				filings, when necessary.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-5 - Bonding requirements for operators and limited video lottery retailers who are permittees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Before any operator or limited video lottery retailer is issued a permit to own
				or lease video lottery terminals from a licensed manufacturer, the permittee
				shall post a bond executed by a surety company authorized to transact surety
				business in West Virginia, or an irrevocable "letter of credit," as defined in
				W. Va. Code §
									46-5-103, issued
				by a national or state bank or other financial institution acceptable to the
				commission to ensure the performance of the permittee's duties and
				responsibilities under the Act and this rule and indemnification of the
				commission.
5.1.a. For the license year
				beginning the October 1, 2001, the annual bond or irrevocable letter of credit
				posted shall be in an amount equal to $1,500 multiplied by the number of video
				lottery terminal stated in the permit. When an amended permit is issued for
				additional video lottery terminals, the permittee shall post a supplemental
				bond or irrevocable letter of credit for the additional lottery terminals or,
				in the permittee's discretion, a replacement bond or irrevocable letter credit
				for the number of video lottery terminals stated in the amended
				permit;
5.1.b. For license years
				beginning after September 30, 2002, the commission shall obtain a single
				financial guarantee bond covering all permittees as provided in W. Va. Code
				§
										29-22B-515;
5.1.b.1. The commission shall obtain a
				blanket bond covering all permittees by competitive bidding procedures through
				the purchasing division of the department of administration and shall apportion
				the cost of the bond premium among all participating permittees on a
				per-terminal basis;
5.1.b.2. Each
				permittee shall participate in the financial guarantee blanket bond program
				provided by the commission in the amount of at least $2,000 for each terminal
				owned or leased by the permittee. The commission shall renew the blanket bond
				on an annual continuing basis. Bonding premium payments shall be made by
				electronic funds transfer from the permittee's bank accounts to the
				commission's revenues and transfers account each year; and
5.1.b.3. If it is determined by the director
				that one or more permittees should be bonded for an amount and in a form and
				manner different from the financial guarantee bond of at least $2,000, or if
				other security should be provided by the permittee to ensure the performance of
				the permittee's duties and responsibilities or the indemnification of the
				commission, the director shall determine and impose the amount, form and manner
				of the coverage, and shall also report his or her determination to the
				commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-6 - Additional duties of limited video lottery retailers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition to the additional duties as
				listed in W.Va. Code §
									29-22B-702,
				a limited video lottery retailer shall:
6.1.a. Ensure that the central site system
				controller/validator unit is at all times turned on, supplied with electric
				power, supplied with printer paper and connected to each limited video lottery
				terminal and to the data communications connection to the commission's central
				site system;
6.1.b. Acquire and
				install one or more security cameras, at least one video cassette recorder,
				memory disk or other device that will record the video feed from the security
				cameras, and the necessary cabling to connect the cameras to the video cassette
				recorder or other device in the restricted access adult-only facility on the
				premises of a licensed limited video lottery retailer;
6.1.c. Ensure that security cameras are
				placed and remain placed in the specific locations that have been approved by
				the commission, and are not relocated within the facility without the prior
				written approval of the director;
6.1.d. Ensure that security cameras are
				correctly aimed at the video lottery terminals and are always operating 24
				hours a day;
6.1.e. Ensure that
				video recorders tied to the security cameras are operating 24 hours a
				day;
6.1.f. Ensure that videotapes
				or other storage media are changed when they are completely recorded, and that
				no tape or other storage media are reused more than the tape or media
				manufacturer's recommended number of times;
6.1.g. Ensure that videotapes or other
				storage media are retained for at least 60 days after they are
				recorded;
6.1.h. Pay for all
				credits won upon presentment of a valid winning video lottery ticket from a
				video lottery terminal located on the premises where it is presented for
				payment;
6.1.i. Clear printer paper
				jams and bill acceptor jams and replace ticket paper in the printer unit in a
				competent and timely manner based on training received from a licensed service
				technician;
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-7 - Additional duties of limited video lottery retailer regarding payment of credits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 A
				limited video lottery ticket must be presented for payment no later than ten
				days after the date the ticket is printed.
7.1.a This ten-day calculation will not be
				extended regardless of whether the tenth day falls on a Saturday, Sunday or
				legal holiday; and
7.1.b When an
				act of God such as a flood renders the video lottery gaming system at a retail
				location inoperative in the opinion of the West Virginia State Lottery
				Commission, the ten-day time period will be deemed to be interrupted until such
				time as the video lottery gaming system is restored to operation.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-8 - Supplemental duties of manufacturers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In addition to the additional duties
				imposed on all licensees by W.Va. Code §
									29-22B-705,
				a manufacturer shall:
8.1.a. Pay no
				compensation or inducement of any kind to any operator or retailer, or give or
				transfer anything of value to any operator or retailer, beyond a nominal
				consideration of one dollar per year. "Anything of value" does not include the
				following transactions:
8.1.a.1. A lease
				agreement for video lottery terminals with the option to purchase the video
				lottery terminals at the end of the lease term, so long as the terms are
				reasonable and customary as determined by the commission; and
8.1.a.2. A loan for the purchase of video
				lottery terminals so long as the terms are reasonable and customary as
				determined by the commission; and
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-9 - Supplemental duties of service technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In addition to the additional duties
				imposed on all licensees by W.Va. Code §
									29-22B-707,
				a manufacturer shall train retailers and their employees how to clear printer
				paper jams and bill acceptor jams and replace ticket paper in the printer unit
				in a competent and timely manner; and
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-10 - Additional requirements for testing of video lottery terminals and associated equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				commission shall review and approve one or more independent testing
				laboratories for the purpose of inspecting and testing video lottery terminals,
				associated equipment and software to be operated or used in West Virginia under
				this rule;
10.1.a. Any testing laboratory
				appointed by the commission for these functions shall, at the time of
				appointment, have a minimum of 5 years of experience testing video gaming
				equipment on behalf of government regulators of video gaming devices such as
				the video lottery terminals regulated by this rule;
10.1.b. The testing laboratories shall report
				all testing results to the commission, both video lottery terminals, associated
				equipment and software that comply with the Act and this rule, as well as video
				lottery terminals, associated equipment and software that do not comply;
				and
10.1.c. The testing
				laboratories shall test to assure the commission in writing that the video
				lottery terminals, associated equipment and software tested comply with all
				requirements and specifications set forth in the Act and this rule.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-11 - Additional video lottery hardware and software specifications not found in W.Va. Code Sections 29-22B-901 through 912

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A video lottery terminal shall not
				allow more than five dollars ($5.00) to be wagered on a single game; however,
				the following game options do not violate the five dollar wager limit on a
				single game because none require the insertion of more than $5.00 to play the
				game:
11.1.a. The double-up option in poker
				games;
11.1.b. The splitting option
				in blackjack games;
11.1.c. The
				insurance option in blackjack games; and
11.1.d. The let-it-ride option in blackjack
				games.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-12 - Only licensed manufacturers may sell or lease video lottery terminals to permittees

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Only a licensed manufacturer of video lottery terminals may sell, lease or
				otherwise transfer ownership or possession of 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
				commission.
12.2. One permittee may
				not sell, lease or otherwise transfer ownership or possession of a video
				lottery terminal to another permittee.
12.3. With the prior written approval of the
				commission, a licensed manufacturer may broker the sale of video lottery
				terminals it has manufactured from one permittee to another permittee provided
				the acquiring permittee is authorized by the commission to acquire the video
				lottery terminals.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-13 - Modifications to previously approved video lottery terminals

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Changes to
				previously-approved EPROMs, the motherboard or any other hardware within the
				logic area of the video lottery terminal, as well as coin acceptors, bill
				acceptors and printers shall be approved in writing by the commission before
				live wagering at retail locations may occur using any modified hardware or
				software.
13.2. Changes to
				previously approved software that affects in any way the operation or payout of
				a video lottery terminal must be approved in writing by the commission before
				live wagering at retail locations may occur using any payout.
13.3. Changes to the video lottery terminal
				cabinet, including all printed material that appears on the cabinet or its
				clear glass or plastic front must be approved in writing by the director prior
				to use with the modification;
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-14 - Unapproved video lottery terminals; action on licenses; civil penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A video
				lottery terminal is deemed
prima facie
to be contraband if a
				manufacturer or other person supplies the video lottery terminal or a video
				lottery terminal modification to a licensed permittee or license limited video
				lottery retailer and the new or modified terminal has not been approved by the
				commission.
14.2. When video
				lottery terminals have been seized and destroyed as provided in W.Va. Code
				§
									29-22B-1204,
				the commission shall suspend the licenses of the permittee and the licensed
				manufacturer for not less than one week or more than five weeks;
14.2.a. When the license of an operator is
				suspended, the commission shall disable and cause not to operate all video
				lottery terminals owned or leased by the operator in the state of West
				Virginia;
14.2.b. When the license
				of a limited video lottery retailer who is a permittee is suspended, the
				commission shall disable and cause not to operate all video lottery terminals
				owned or leased by the licensee at the retail location for which the license
				was suspended; and
14.2.c. When the
				license of a manufacturer is suspended, the commission shall disable and cause
				not to operate all video lottery terminals manufactured by the manufacturer and
				operating in the state of West Virginia.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-15 - Initial permit fee payment

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. For
				persons authorized to own or lease video lottery terminals without going
				through the bid process, the fee shall initially be paid at the time the permit
				is issued for the number of video lottery terminals stated on the
				permit.
15.2. For persons
				authorized to own or lease video lottery terminals as a result of a bidding
				process, the amount bid per terminal shall be paid in lieu of the initial
				$1,000 per terminal fee.