reglab/statecodes huggingface dataset:
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 179-3-5 - Enforcement Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Enforcement of this provision is pursuant to W.Va. Code ''5-11-8(c) and the
				ADA. If it is determined that a lottery retailer or licensed lottery sales
				agent is not in compliance with the ADA, W.Va. Code ''5-11-1 et seq., and this
				rule, the enforcement authority shall complete the Certification of
				Non-Compliance, West Virginia Lottery Form ADA-NC which will be distributed to
				each enforcement authority and which may also be obtained by writing to the
				West Virginia Lottery, P.O. Box 2067, Charleston, West Virginia, 25327-2067.
				The enforcement authority shall forward the original completed copy of that
				Certification to the same address.
5.2. Upon receipt by the West Virginia
				Lottery of a completed Certification of Non-Compliance from the enforcement
				authority, the West Virginia Lottery shall notify the cited lottery retailer or
				lottery sales agent of the certification and that the retailer is within thirty
				days of the possible suspension of its license. The Lottery is authorized to
				continue sales at the cited retail location for up to thirty (30) days to allow
				the retailer to bring itself into compliance with the requirements of the ADA.
				If a cited lottery retailer or lottery sales agent fails to comply with the
				requirements of the ADA within thirty (30) days, its lottery license shall be
				suspended by the Director and no further lottery sales shall occur at the cited
				location until the retailer is determined to be in compliance.
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 179-3-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If the
				Director suspends or revokes a license, or refuses to grant a license because
				of the provisions of this rule, the aggrieved party is entitled to a hearing by
				filing a written request with the West Virginia State Lottery Commission within
				fifteen days of the Director's notice. Upon receipt of the request, the
				Commission shall set a hearing date within thirty (30) days and shall notify
				the aggrieved party in writing at least seven (7) days in advance of the time,
				date and place of hearing.
6.2.
				Procedures - The procedures and forms pertaining to an appeal of the Director's
				actions under this rule are in every case governed by the West Virginia State
				Lottery Commission's procedural rule, Procedures, Appeals and Other Procedures,
				179 CSR 2. The Commission shall supply a copy of this procedural rule and forms
				to any person upon request and without charge. The Commission shall supply a
				copy of this procedural rule and forms to any licensee or license applicant who
				files an appeal with the West Virginia State Lottery 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 › Section 179-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this rule is to license and regulate one limited
				gaming facility located within an historic resort hotel; to license and
				regulate gaming suppliers and facility employees; and to define and regulate
				the operation of Monte Carlo-style games and video lottery games at the limited
				gaming facility.
1.2. Authority. --
				W. Va. Code §
									29-25-5.
1.3. Filing Date. -- April 26,
				2010.
1.4. Effective Date. -- June
				1, 2010.
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 1 - DEFINITIONS › Section 179-4-2 - 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, or unless inconsistent with the manifest
					 intention of the State Lottery Commission.
2.1. "Act" means the Limited Gaming Facility
				  Act, W. Va. Code §
										29-25-1
				  et seq.
2.2. "Adjusted gross
				  receipts" means the dollar amount that is won by the limited gaming facility
				  licensee through play at live authorized games of chance, which is the total of
				  United State currency, chips, front money or markers contained in the drop box,
				  plus ending chip inventory, minus opening chip inventory, plus chip credits
				  minus table fills, minus match play coupons.
2.3. "Agency" and "Lottery" mean the West
				  Virginia State Lottery, its Director and the West Virginia State Lottery
				  Commission and its Commissioners which operate and administer the West Virginia
				  State Lottery, pursuant to authority granted under the Act and under the state
				  lottery act, W. Va. Code §
										29-22-1 et
				  seq.
2.4. "Application" means all
				  materials and information comprising the applicant's request for the limited
				  gaming facility license, supplier's license, or occupational license submitted
				  by the applicant to the Commission, including, but not limited to, the
				  instructions, forms, and other documents required by the Commission for
				  purposes of application for a license under the Act and this rule.
2.5. "Associated equipment" means any of the
				  following:
2.5.a. Any equipment which is a
				  mechanical, electromechanical, or electronic contrivance, component, or machine
				  and which is used indirectly or directly in connection with gaming;
2.5.b. Any equipment that would not otherwise
				  be classified as a gaming device, including, but not limited to, links, modems,
				  and dedicated telecommunication lines, that connects to progressive video
				  lottery terminals;
2.5.c.
				  Computerized systems that monitor video lottery terminals, table games, and
				  other gambling games approved by the Commission;
2.5.d. Equipment that affects the proper
				  reporting of gross receipts;
2.5.e.
				  Devices for weighing and counting money; and
2.5.f. Any other equipment that the
				  Commission determines requires approval as associated equipment to protect the
				  integrity of gaming and 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-3 - Provisions Pertaining to Applications, Records and Commission Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In the
				  interpretation of any rules adopted by the Commission, an ambiguity shall be
				  resolved in favor of the interpretation which would provide either of the
				  following:
3.1.a. The greater assurance of
				  integrity in either the operation or regulation of casino gambling;
				  or
3.1.b. Heightened public
				  confidence in the regulation or regulatory processes relating to casino
				  gambling.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-5 - Duty of Reasonable Care

Current through Register Vol. XLI, No. 28, July 12, 2024
A limited gaming facility licensee, limited gaming facility
					 license applicant, supplier license applicant or supplier licensee shall
					 exercise reasonable care to ensure that each contract or transaction the
					 licensee or license applicant enters into meets the requirements of 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-6 - Commission Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall specify from time to time the nature
					 and frequency of reports a licensee shall make to the Commission to ensure
					 compliance with the Act or 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-7 - Mandatory Contract Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commission may direct a licensee or
				  applicant to cancel any contract or transaction relating to gambling and/or
				  video lottery operations that the Commission determines does not comply with
				  the Act and this rule. A contract relating to gambling and/or video lottery
				  operations entered into by a limited gaming facility licensee or license
				  applicant shall contain a provision permitting the limited gaming facility
				  licensee or license applicant to terminate the contract if the Commission
				  determines that the contract does not comply with the Act or this
				  rule.
7.2. A limited gaming
				  facility licensee or license applicant shall include a contract described in
				  this rule in the quarterly and annual reports submitted under 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-8 - Confidential Records

Current through Register Vol. XLI, No. 28, July 12, 2024
Materials, or portions of materials, submitted under the
					 Act or this rule may be identified as confidential by a licensee, an applicant
					 for a license, or any other person. If the materials are exempt from disclosure
					 by statute, the materials shall not be disclosed by the Commission, except to
					 other federal and state gambling regulating agencies and law enforcement
					 agencies.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-9 - Waiver, Restriction or Alteration of Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission may, in writing, waive, restrict, or alter
					 any requirement or procedure set forth in this rule, if the Commission
					 determines that the requirement or procedure is impractical or burdensome, that
					 the waiver, restriction, or alteration is in the best interest of the public
					 and the gaming industry, and that the waiver, restriction, or alteration is not
					 outside the technical requirements necessary to serve the purpose of the
					 requirement or procedure.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-10 - General Reporting Requirements; Obligation to Report Certain Events

Current through Register Vol. XLI, No. 28, July 12, 2024
A person who holds or applies for the limited gaming
					 facility license or a supplier license shall provide an immediate oral report,
					 followed by a written report, of suspected criminal activity related to the
					 person's proposed or existing gambling operation or casino operation or
					 supplier operations in West Virginia. Additionally, a person who applies for or
					 holds the limited gaming facility license or supplier license shall provide
					 written notice to the Commission at the time the person becomes aware of any of
					 the following:
10.1. A violation or
				  apparent violation of the Act or this rule by any of the following entities:
10.1.a. A person who applies for or holds the
				  limited gaming facility license or a supplier license;
10.1.b. A key person, an employee of a person
				  applying for or holding the limited gaming facility license or a supplier
				  license, or a key person of a holding company or affiliate that is in control
				  of a key person, an employee of a person applying for or holding the limited
				  gaming facility license or a supplier license; or
10.1.c. A person who acts, or is authorized
				  to act, on behalf of or in furtherance of the interests of the limited gaming
				  facility license or supplier license applicant or licensee, or a holding
				  company or affiliate that is in control of the applicant or 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-11 - Licensee's Duty to Disclose Violation of Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
A person who holds or applies for a license shall
					 immediately notify the Commission, in writing, if the person becomes aware that
					 a limited gaming facility, supplier, or occupational licensee is in violation
					 of the Act or 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-12 - Applicant's Obligation to Report Certain Events

Current through Register Vol. XLI, No. 28, July 12, 2024
Whenever this rule requires a licensee to provide notice to
					 the Commission of a fact or occurrence, an applicant for a license shall
					 provide a written notice to the Commission under the same circumstances that a
					 licensee is required to provide notice, except to the extent that the
					 Commission may waive the requirements.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-13 - Contents of Notice and Supplementation Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
The written notices required under the Act and this rule
					 shall provide the detail that is reasonably required to describe the reported
					 event and shall be supplemented at the times, and in the detail, that the
					 Commission requests.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-15 - Restricted Transactions

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A
				  licensee or applicant, or an affiliate, key person, or representative of a
				  licensee or applicant, shall not knowingly give, convey, transfer, or enter
				  into a contract to convey or transfer, a direct or indirect interest in the
				  applicant or licensee to any of the following entities during his or her board
				  membership or employment and for a period of four years after the date that his
				  or her board membership or employment terminates:
15.1.a. A member of the Commission;
15.1.b. The Director of the West Virginia
				  Lottery;
15.1.c. An employee of the
				  West Virginia Lottery; or
15.1.d.
				  An immediate family member residing in same household of any of the entities
				  listed in subdivisions (a) to (c) of this subsection.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-16 - Restrictions on Gift-Giving

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				  A licensee or an applicant for a license, or an affiliate, key person, or
				  representative of a licensee or applicant for a license, shall not directly or
				  indirectly give or offer to give any gift, gratuity, benefit, compensation,
				  travel, lodging, food or beverage, or any other thing of value to any of the
				  following entities:
16.1.a. A member of the
				  West Virginia State Lottery Commission;
16.1.b. The Director of the West Virginia
				  Lottery;
16.1.c. An employee of the
				  West Virginia Lottery;
16.1.d. An
				  immediate family member residing in the same household of any of the
				  individuals listed in subdivisions (a) to (c) of this subsection; or
16.1.e. Any other person whom the Commission
				  determines is, or was in the past two years, able to significantly affect,
				  influence, or control the entities listed in subdivisions (a) to (d) of this
				  subsection by reason of business, financial, personal, or social association or
				  relationship.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-17 - Restrictions on the Limited Gaming Facility Licensee Interest in a Supplier Licensee

Current through Register Vol. XLI, No. 28, July 12, 2024
An applicant applying for or holder of the limited gaming
					 facility license shall not own an interest of more than 10% in a supplier
					 licensed under the Act or 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-4-18 - Review of Information at Licensee's or Applicant's Premises; Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. At the option
				  of the Director, the Director or his or her designee may review, at the
				  premises of the custodian of the information, any information that the Act,
				  this rule, the Director, or his or her designee requires from any of the
				  following entities:
18.1.a. A license
				  applicant;
18.1.b. A
				  licensee;
18.1.c. An affiliate of a
				  license applicant or licensee; and
18.1.d. A person who holds more than a 5%
				  direct or indirect interest in an applicant or 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 3 - LICENSES › Section 179-4-21 - Classification of Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission may classify an activity to be licensed in
					 addition to, different from, or at a different level than, the following
					 license classifications:
21.1. License
				  to operate a gaming facility. The person who operates a casino gambling
				  operation is required to hold a license to operate a gaming facility;
21.2. Supplier license. Persons who supply
				  equipment, goods, or services to the limited gaming facility licensee who are
				  directly related to or affect gambling operations authorized and regulated
				  under the Act and this rule are required to hold a license to supply the gaming
				  facility. There are two different classes of supplier license, as follows:
21.2.a. Supplier license, level one, for
				  suppliers that qualify as manufacturers under W.Va. Code §
											29-25-2(y);
				  and
21.2.b. Supplier license, level
				  two, for all other suppliers;
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 3 - LICENSES › Section 179-4-22 - Fees, Fines, Charges, Assessments

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. All fees, fines, charges, and
				  assessments provided for under this rule shall be submitted in a timely manner
				  to the Commission in the form of a certified check, cashier's check, or money
				  order made payable to: "West Virginia Lottery," or in the form of an electronic
				  wire transfer, or by another method of payment that is acceptable to the
				  Commission.
22.2. The license
				  application fee shall be used by the Commission to conduct an appropriate
				  background investigation of the applicant as prescribed by the Commission, the
				  Act, and this rule. The Commission shall not refund any portion of a remitted
				  license application fee. An applicant, or the limited gaming facility licensee
				  on the applicant's behalf, shall submit the following nonrefundable license
				  application fees to the Commission, together with the required application form
				  or forms, for the corresponding license classification to which the fees
				  relate:
22.2.a. The limited gaming facility
				  license: $65,000.00;
22.2.b.
				  Supplier licenses: $100.00;
22.2.c.
				  Occupational licenses: $100.00; and
22.2.d. Management services license:
				  $100.00
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 3 - LICENSES › Section 179-4-23 - Persons Required to be Qualified for Issuance and Renewal of Gaming Facility Operator, Supplier, and Management Services Provider Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The
				  Commission shall not issue or renew the license of a gaming facility, supplier,
				  or management services provider unless the individual qualifications of every
				  person required by the Act and this rule to qualify, as part of the application
				  or request for the issuance or renewal of the license, shall have first been
				  determined by the Commission eligible, qualified, and suitable in accordance
				  with the relevant licensing standards set forth in the Act and this
				  rule.
23.2. The following persons
				  are required to qualify as part of the application for the issuance, or request
				  for renewal, of the limited gaming facility license, a supplier license, or a
				  management services provider license:
23.2.a.
				  If the person who makes application for a gaming facility, supplier or
				  management services provider license is a person whose stock, equity interest,
				  or ownership interest is publicly traded and regulated by the Securities and
				  Exchange Commission, each of the applicant's key persons;
23.2.b. If the person who makes application
				  for the limited gaming facility, supplier or management services provider
				  license is not a person whose stock is publicly traded and regulated by the
				  securities and exchange Commission, each of the applicant's key persons and
				  each person, other than a publicly traded corporation and its 5% or less
				  shareholders, that has a combined direct, indirect, or attributed interest of
				  5% or more in the applicant; and
23.2.c. A person who is required to apply for
				  the limited gaming facility, supplier or management services provider license
				  under 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 3 - LICENSES › Section 179-4-24 - Limited Gaming Facility Licensing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Except to the extent the Commission may
				  require different or additional procedures, an applicant for a limited gaming
				  facility license shall provide all of the following documents before licensing:
24.1.a. Application;
24.1.b. Payment of application fee;
24.1.c. The canvass of votes of the local
				  option election proving passage of casino gaming at the historic resort hotel;
				  and
24.1.d. Fingerprint images for
				  the background investigation 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 3 - LICENSES › Section 179-4-26 - Issuance of a Limited Gaming License

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. The Director or his or her designee
				  shall conduct a thorough review of the application submitted by the applicant,
				  of the background investigation of persons involved with the applicant and the
				  fiscal and physical qualifications of the applicant and its facilities, and
				  report to the Commission, in writing, whether the applicant has satisfactorily
				  complied with the conditions and requirements of the Commission, the Act, and
				  this rule for granting and issuing a limited gaming license to the applicant.
				  The Director shall ensure that a copy of his or her written report to the
				  Commission is served on the applicant.
26.2. Upon receipt of the Director's report,
				  the Commission shall docket the issue for its next regular or special meeting
				  for purposes of taking further evidence and rendering its final decision on the
				  application.
26.3. The Commission
				  shall place restrictions and conditions on the limited gaming facility license,
				  including, but not limited to, all of the following:
26.3.a. The licensee shall maintain its
				  required bond in accordance with the Act;
26.3.b. The licensee's gambling operation
				  shall undergo, and successfully complete, a sufficient number and type of
				  practice gambling operations to ensure that the gambling operation is conducted
				  in compliance with the Act and this rule; and
26.3.c. The licensee shall satisfactorily
				  complete or comply with any incomplete or non-complying aspects of its proposed
				  casino, support facilities, and casino and gambling operations within specified
				  time frames established 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 3 - LICENSES › Section 179-4-27 - Payment of the Annual License Renewal Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
The licensed gaming facility operator shall pay the annual
					 license renewal fee required by W.Va. Code §
										29-25-9(l)
					 by electronic funds transfer or by check. In either case, the licensee's fee
					 payment must be received by the West Virginia Lottery on or before the
					 anniversary date of the issuance of the license preceding the start of the
					 license year.
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 3 - LICENSES › Section 179-4-28 - Limited Gaming Facility License Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. At least two months before a license
				  expires, the Commission shall send to the licensee, by mail to the last known
				  address, a renewal application form and notice that states:
28.1.a. The date on which the current license
				  expires; and
28.1.b. The date by
				  which the Commission must receive the renewal application for the renewal to be
				  issued and mailed before the existing license expires.
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 3 - LICENSES › Section 179-4-29 - Limited Gaming Facility Licensee's Duty to Remain Eligible, Qualified and Suitable; Duty to Disclose Material Changes

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. To assure compliance with the Act and
				  this rule, the Commission shall continue its investigation throughout the
				  period of licensure for purposes of monitoring and determining whether the
				  licensee is eligible and suitable to hold the license.
29.2. A limited gaming facility licensee has
				  a continuing duty to remain eligible, qualified, and suitable to hold the
				  limited gaming license under the licensing standards, criteria, and
				  requirements of the Act and this rule.
29.3. Issuance of the limited gaming facility
				  license does not create a property right. Issuance of the license instead gives
				  to the holder a revocable privilege granted by the State of West Virginia
				  conditioned upon the holder's continuing eligibility, qualifications, and
				  suitability to hold the license under the Act and this rule.
29.4. A limited gaming facility licensee has
				  a continuing duty to notify promptly the Commission, in writing, without undue
				  delay, of any material change in the information provided in its application or
				  renewal report or reports and any other change in circumstances reasonably
				  related to its eligibility, qualifications, and suitability to be issued, or
				  continue holding, a limited gaming license under the licensing standards,
				  criteria, and requirements of 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 3 - LICENSES › Section 179-4-30 - Required Notification of Anticipated or Actual Changes in Directors, Partners, and Officers of the Limited Gaming Facility Licensee and its Immediate Parent Company, if any

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1.
				  A person that applies for or holds a limited gaming facility license and the
				  applicant's immediate parent company, if any, shall notify the Commission, in
				  writing, as soon as is practicable, of the appointment, nomination, election,
				  resignation, incapacitation, or death of any member of, or partner in, its
				  board of directors or partnership or of any officer or key person who is
				  directly involved in the management or conduct of gambling operations in West
				  Virginia.
30.2. In the event that
				  the applicant or licensee or any controlling person of the applicant or
				  licensee is a publicly traded corporation, then information otherwise required
				  to be furnished by the license with respect to stockholders, directors and
				  executive officers of the publicly traded corporation shall be limited to
				  information concerning only those executive officers of the publicly traded
				  corporation whose ongoing and regular responsibilities relate or are expected
				  to relate directly to the operation or oversight of the gaming
				  facility.
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 3 - LICENSES › Section 179-4-31 - Notification of New Financial Sources Required

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. An applicant or a limited gaming
				  facility licensee, or any holding company, affiliate, or person who has control
				  of a person that applies for or holds a limited gaming facility license shall
				  notify the Commission, in writing, as soon as practicable, if it intends to
				  enter into a transaction related in any way to the development and operation of
				  the West Virginia limited gaming facility that may result in any new financial
				  backers, investors, mortgages, bondholders, or holders of indentures, notes, or
				  other evidences of indebtedness of the applicant or licensee.
31.2. In the event that the applicant or
				  licensee or any controlling person of the applicant or licensee is a publicly
				  traded corporation, then information otherwise required to be furnished by the
				  license with respect to stockholders, directors and executive officers of the
				  publicly traded corporation shall be limited to information concerning only
				  those executive officers of the publicly traced corporation whose ongoing and
				  regular responsibilities relate or are expected to relate directly to the
				  operation or oversight of the limited gaming facility.
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 3 - LICENSES › Section 179-4-32 - Notification by Publicly Traded Applicants, Licensees, or Holding Companies Required

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. A
				  publicly traded company that applies for or holds a limited gaming license or a
				  publicly traded holding company or affiliate that has control of a limited
				  gaming license applicant or licensee shall notify the Commission, as soon as
				  practicable after it becomes aware that, with regard to any the publicly traded
				  company, any person or individual has beneficially acquired any of the
				  following:
32.1.a. The ability to control the
				  publicly traded applicant or licensee or the publicly traded holding company or
				  affiliate that has control of the limited gaming facility license applicant or
				  licensee; or
32.1.b. The ability to
				  elect one or more directors of the publicly traded applicant or licensee or of
				  the publicly traded holding company or affiliate that has control of the
				  limited gaming facility license applicant or licensee. To the extent known by
				  the applicant or licensee, the required notification shall include, without
				  limitation, the name, business address, phone number, and other personal
				  identification information for each person.
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 3 - LICENSES › Section 179-4-33 - Qualification of New Directors, Officers, or Other Key Persons

Current through Register Vol. XLI, No. 28, July 12, 2024
An individual required to be qualified or licensed under
					 the Act or this rule by virtue of his or her position with a West Virginia
					 limited gaming facility licensee shall not perform any duties or exercise any
					 powers of the position related to West Virginia limited gaming facility
					 operations until he or she has been determined to be qualified or otherwise
					 authorized by the Commission, under 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 3 - LICENSES › Section 179-4-34 - Qualification of New Directors and Officers of Holding Company

Current through Register Vol. XLI, No. 28, July 12, 2024
A proposed new director, partner, officer, or key person
					 required to be qualified or licensed under the Act or this rule by virtue of
					 his or her position the immediate parent company who has control of a West
					 Virginia limited gaming facility license applicant or licensee shall not
					 perform any duties or exercise any powers of the position related to West
					 Virginia limited gaming facility operations until he or she has been determined
					 to be qualified or otherwise authorized by the Commission, under 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 3 - LICENSES › Section 179-4-39 - Notice of License Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
At least sixty days before a license expires, the
					 commission shall send to the licensee, by mail to the last known address, a
					 renewal application form and notice that states:
39.1. The date on which the current license
				  expires;
39.2. The date by which
				  the commission must receive the renewal application for the renewal to be
				  issued and mailed before the existing license expires; and
39.3. The amount of the renewal
				  fee.
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 3 - LICENSES › Section 179-4-40 - Supplier License Required to Provide Gaming-Related Devices, Supplies and/or Services

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1.
				  When a person will supply or provide a limited gaming facility with gaming
				  devices, gaming supplies or services which directly affect the play and results
				  of casino and video lottery games authorized, conducted, and played under the
				  Act and this rule, the person shall hold a supplier's license.
40.2. The two different classes of supplier
				  licenses that a supplier may hold are as follows:
40.2.a. Supplier license, level one, for
				  suppliers that qualify as manufacturers under W.Va. Code §
											29-25-2(y);
				  and
40.2.b. Supplier license, level
				  two.
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 3 - LICENSES › Section 179-4-42 - Supplier's License Issuance; Standards and Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. A person that is required to be
				  licensed as a supplier under the Act and this rule shall, before issuance of a
				  supplier's license, produce information, documentation, and assurances in its
				  application to establish all of the following by clear and convincing evidence:
42.1.a. The applicant and all other persons
				  required to be qualified as part of the application are eligible, qualified,
				  and suitable for licensure under the licensing standards, criteria, and
				  requirements set forth in section eleven of the Act and this rule;
42.1.b. The financial stability and
				  responsibility of the applicant;
42.1.c. The applicant and all other persons
				  required to be qualified as part of the application demonstrate a level of
				  skill, experience, knowledge, and ability necessary to supply the equipment,
				  goods, or services that the applicant seeks permission to provide to the
				  limited gaming facility licensee and license applicants in compliance with the
				  Act and this rule;
42.1.d. The
				  applicant and all other persons required to be qualified as part of the
				  application have not been convicted of a misdemeanor related to theft, bribery,
				  gambling, or involving moral turpitude, or any felony;
42.1.e. The applicant and all other persons
				  required to be qualified as part of the application do not appear on the
				  exclusion list of any jurisdiction;
42.1.f. The applicant and all other persons
				  required to be qualified as part of the application are in substantial
				  compliance with all local, state, and federal tax laws; and
42.1.g. The applicant has adequate liability
				  and casualty insurance.
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 3 - LICENSES › Section 179-4-43 - Supplier License Application; Commission Action

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall take the following action on an
					 application for a supplier license:
43.1. After the completion of the background
				  investigation, the Director shall report to the Commission, in writing,
				  regarding the staff's background investigation of the applicant. Upon receipt
				  of the Director's report, the Commission shall grant or deny the
				  application.
43.2. If the
				  Commission grants the application, it shall direct the Director to issue a
				  supplier license.
43.3. If the
				  Commission denies the application, then it shall instruct the Director to issue
				  the applicant a notice of denial by certified mail.
43.4. If the applicant fails to request a
				  hearing by certified mail within ten days of the applicant's receipt of the
				  notice of denial to contest the denial, the notice of denial becomes the final
				  order of 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 3 - LICENSES › Section 179-4-44 - Denied License; Reapplication

Current through Register Vol. XLI, No. 28, July 12, 2024
44.1. A person whose application for a
				  supplier license has been denied may not reapply for a supplier license for a
				  period of 1 year from the date on which the Commission voted to deny the
				  application unless the Commission allows reapplication at an earlier
				  date.
44.2. A person whose
				  application for a supplier license was denied may seek leave of the Commission
				  to reapply by addressing the request to the Commission. The Commission may
				  require the applicant to present oral or written argument outlining why an
				  exception should be made.
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 3 - LICENSES › Section 179-4-46 - Renewal of Supplier License

Current through Register Vol. XLI, No. 28, July 12, 2024
46.1.
				  A supplier license may be renewed by the Commission if all of the following
				  requirements are met:
46.1.a. The licensee
				  continues to be in good standing with the Commission; and
46.1.b. The licensee submits the $100.00
				  license renewal fee, in the manner and form required by the Commission, not
				  less than ten days before expiration of the license.
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 3 - LICENSES › Section 179-4-47 - Occupational License Requirement; License Classes; Application; Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
47.1. A natural
				  person employed by the West Virginia limited gaming facility whose work duties
				  are related to, or involved in, the gambling operation, or are performed in a
				  restricted area of the casino or in the gaming area of the casino at the
				  facility, shall hold an occupational license of the level required for the
				  natural person's position before the individual may perform any of the duties
				  of his or her position.
47.2. This
				  rule applies to both full-time and part-time employees.
47.3. The two different classes of
				  occupational licenses that an employee may hold are as follows:
47.3.a. Occupational license, level one, the
				  highest level of occupational license; and
47.3.b. Occupational license, level
				  two.
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 3 - LICENSES › Section 179-4-48 - Occupational License, Level One

Current through Register Vol. XLI, No. 28, July 12, 2024
A natural person who will be employed by the limited gaming
					 facility in a position that includes any of the following responsibilities or
					 authority, regardless of job title, shall hold, before employment, a current
					 and valid level one occupational license or a valid temporary level one
					 occupational license issued under this rule:
48.1. The supervision of specific areas or
				  departments related to, or involved in, the gambling operation, including,
				  without limitation, a person who does any of the following:
48.1.a. Functions as a casino shift
				  manager;
48.1.b. Functions as a pit
				  manager;
48.1.c. Functions as a
				  poker shift manager;
48.1.d.
				  Functions as a slot shift manager;
48.1.e. Supervises the repair and maintenance
				  of slot machines and bill changers;
48.1.f. Supervises surveillance
				  investigations or the operation of the surveillance department during a
				  shift;
48.1.g. Supervises security
				  investigations or the operation of the security department during a
				  shift;
48.1.h. Functions as a cage
				  manager;
48.1.i. Supervises the
				  operation of the cashiers' cage, table games cage, or slot machine cage during
				  a shift;
48.1.j. Functions as table
				  games operations manager;
48.1.k.
				  Functions as casino manager;
48.1.l. Functions as table games financial
				  controllers;
48.1.m. Functions as
				  personnel and human resources activities manager for table games;
48.1.n. Supervises the hard count room or
				  soft count room; or
48.1.o.
				  Supervises the patron check collection unit.
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 3 - LICENSES › Section 179-4-50 - "Person" Applying for Occupational License

Current through Register Vol. XLI, No. 28, July 12, 2024
For the purposes of applying for or holding an occupational
					 license, a "person" shall mean a natural person.
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 3 - LICENSES › Section 179-4-53 - Commission Action on Occupational License Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. After the completion of the background
				  investigation, the Director shall report to the Commission, in writing,
				  regarding the staff's background investigation of the occupational license
				  applicant. Upon receipt of the Director's report, the Commission shall grant or
				  deny the application.
53.2. If the
				  Commission grants the application, it shall direct the Director to issue an
				  occupational license.
53.3. If the
				  Commission denies the application, then it shall direct the Director to issue
				  the applicant a notice of denial by certified mail.
53.4. A notice of denial does not constitute
				  a finding that the applicant is ineligible, unqualified, or unsuitable to be
				  licensed unless the applicant fails to request a hearing in a timely manner
				  under this rule to contest the denial. If the applicant fails to request a
				  hearing in a timely manner, then the notice of denial becomes the final order
				  of the Commission. For purposes of this section, "timely" means "within ten
				  calendar days."
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 3 - LICENSES › Section 179-4-54 - Requirements for Occupational License Identification Badge

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1. Upon a finding of suitability for
				  licensure and payment of the appropriate license fee, the Commission shall
				  issue an occupational license identification badge for the applicant. The
				  license identification badge shall be in the form prescribed by the
				  Commission.
54.2. The occupational
				  license shall contain all of the following information:
54.2.a. The occupational licensee's first
				  name, last name, and job title;
54.2.b. The occupational license number
				  assigned by the Commission;
54.2.c.
				  The level of the occupational license.;
54.2.d. The signature of the Director of the
				  West Virginia Lottery;
54.2.e. The
				  date that the occupational license was issued and the date that the
				  occupational license will expire; and
54.2.f. Any other information prescribed by
				  the Commission.