West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-35 - Supplier's License Application

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. To qualify for a license, the applicant
				  shall meet the requirements of this rule. Each applicant who is an individual
				  who is a controlling person of an applicant that is not an individual shall be
				  of good moral character and reputation, and shall have the necessary experience
				  and financial ability to successfully carry out the functions of a gaming
				  facility supplier.
35.2. An
				  applicant for a license to supply gaming devices, equipment and supplies to a
				  gaming facility shall demonstrate that the gaming devices, equipment and
				  supplies that the applicant plans to sell or lease to the licensed casino
				  conform or will conform to standards established by rules of the Commission and
				  applicable state law.
35.3. A
				  person applying for a supplier's license and a person required to be qualified
				  as part of the application shall complete and submit application and disclosure
				  forms in the manner and form prescribed by the Commission. The application and
				  disclosure forms shall be made under oath on prescribed forms provided by the
				  Commission.
35.4. Application
				  procedures for a supplier's license are as follows:
35.4.a. Upon application, an applicant shall
				  assume and accept, in writing, under oath, all risk of adverse publicity,
				  notoriety, embarrassment, criticism, financial loss, or other unfavorable or
				  harmful consequences that may occur in connection with the application process
				  or the public disclosure of information submitted with the
				  application;
35.4.b. Upon
				  application, an applicant shall also expressly waive and give up, in writing,
				  under oath, all claims for damages that may result from the application and
				  licensing process;
35.4.c. Upon
				  application, an applicant shall also consent, in writing, under oath, to being
				  subject to the inspections, investigations, audits, searches, and seizures for
				  the duration of the supplier's license for which application is made, if the
				  license is issued;
35.4.d. Upon
				  application, an applicant shall also authorize and consent, in writing, under
				  oath, to release and disclose to the Commission and its authorized
				  representatives and agents all otherwise confidential records of the applicant
				  that the Commission requests from the applicant or from third parties,
				  including, without limitation, tax records and financial records held by a
				  federal, state, or local governmental agency, a credit bureau, or a financial
				  institution while applying for, or while holding, a supplier's license under
				  the Act and this rule;
35.4.e. The
				  Commission shall use the information provided in the prescribed application and
				  disclosure form as a basis for an appropriate background investigation for
				  evaluating and determining the eligibility, qualifications, and suitability of
				  the applicant to receive the license for which application is made. The
				  Commission shall make the evaluation and determination under the licensing
				  standards and criteria provided in the Act and rules of the Commission. A
				  misrepresentation or omission in the application is cause for denial,
				  suspension, restriction, or revocation of a license by the
				  Commission;
35.4.f. A person
				  applying for a supplier license shall provide the name, address, and telephone
				  number of a representative to act as a liaison to the Commission's background
				  investigators, and shall facilitate, assist, and cooperate with the Commission
				  in its conduct of background investigations under the Act and this
				  rule;
35.4.g. The Commission shall
				  not issue a supplier's license or renewal license unless the person applying
				  for the license, and each person required to be qualified as part of the
				  application for issuance or renewal of the license, has completed and filed
				  with the Commission all required applications, license renewal reports and
				  disclosure forms in the manner and form prescribed by the Commission, has
				  provided all information, documentation, assurances, waivers, and releases, and
				  has paid the fees required by the Act and this rule;
35.4.h. An applicant shall file all required
				  application forms before the expiration of deadlines established and published
				  by the Commission;
35.4.i. An
				  applicant is under a continuing duty to disclose any material changes in the
				  information or documentation provided in or with the application, renewal, and
				  disclosure forms submitted to the Commission;
35.4.j. A person applying for a supplier
				  license shall request amendment of its application when it knows, or should
				  have known, that there has been a change in any of the following:
35.4.j.1. The applicant's key persons or the
				  key persons of any holding company or affiliate that has control of the
				  applicant;
35.4.j.2. The type of
				  business organization or entity;
35.4.j.3. A holding company or
				  affiliate;
35.4.j.4. The investors
				  or debt holders, or both; or
35.4.j.5. A source of funds.
35.4.k. A publicly traded
				  corporation shall be considered to have complied with this rule if it has
				  complied with the reporting requirements provided by section twelve of the
				  Securities and Exchange Act of 1934, as amended ( 15 U.S.C. §78
				  );
35.4.l. A supplier's license
				  application may be withdrawn upon written notice to the Commission. If the
				  statutory license fee has been paid, the Commission may refund the fee to the
				  applicant if no processing or reviews of the application have taken place;
				  and
35.4.m. The Commission may
				  allow information, documents, or other materials submitted by an applicant in a
				  withdrawn application to be incorporated by reference into a subsequent
				  application.