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 4 - CONDUCT OF GAMING › Section 179-4-94 - Increasing the Number of Authorized Video Lottery Terminals at the Limited Gaming Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
94.1.
				  Upon the granting of its license, the operator of the limited gaming facility
				  shall request an initial number of video lottery terminals to be placed in the
				  gaming facility. The Commission may grant the whole amount requested, or may
				  grant only a portion of the amount requested by the operator.
94.2. Any expansion of the number of video
				  lottery terminals authorized for the limited gaming facility beyond that
				  initial amount may only be granted after the following procedure has been
				  followed:
94.2.a. The requesting gaming
				  facility shall provide to the Director of the West Virginia Lottery, at least
				  sixty (60) days before a meeting where the Commission has docketed the
				  expansion issue, a
pro forma
statement showing the change of
				  the limited gaming facility's financial position over the twelve month period
				  immediately following the meeting at which the West Virginia Lottery Commission
				  may approve the expansion. If the expansion is to be in stages, or is to begin
				  more than eight months after Commission approval, the Commission may elect to
				  approve a reduced number of video lottery terminals for the expansion. If the
				  expansion is not completed within eight (8) months, the Commission may require
				  updated financial information.
94.2.b. The requesting limited gaming
				  facility licensee shall provide to the Director of the West Virginia Lottery,
				  at least sixty (60) days before a meeting where the Commission has docketed the
				  expansion issue, complete floor plan drawings of the video lottery gaming areas
				  of the licensed limited gaming facility showing proposed locations of
				  additional video lottery terminals and relocation of present video lottery
				  terminals. All video lottery terminals, both present and future, shall be
				  identified by manufacturer name and model number. Closed circuit television
				  security cameras and their view or sweep angles shall also appear on the floor
				  plans.
94.2.c. If the expansion of
				  the number of authorized video lottery terminals will require the limited
				  gaming facility licensee or a subcontractor to add temporary [construction,
				  etc.] or permanent [service technicians, floor attendants, validation managers,
				  security officers, etc.] employees to the limited gaming facility's workforce,
				  the requesting limited gaming facility licensee shall provide to the Director
				  of the West Virginia Lottery, at least sixty (60) days before a meeting where
				  the Commission has docketed the expansion issue, a detailed statement of the
				  number of new jobs in each identifiable job category together with an estimate
				  of the annual payroll costs increase over the subsequent 24-month period. The
				  licensee shall estimate the number of West Virginia residents who will be
				  employed by the requested expansion.
94.2.d. Within thirty (30) days of receipt of
				  information required by this section, the Director shall forward copies of the
				  information to each Commissioner. If the Commissioners and the Director
				  determine that the application materials are complete and in order, the
				  Director shall publish the notice required by this section of the
				  rule.
94.2.e. At least thirty (30)
				  days before a meeting where the Commission has docketed the expansion issue,
				  the West Virginia Lottery shall place a 2" by 2" commercial advertisement in a
				  daily newspaper of general circulation in the county where the licensed limited
				  gaming facility is located. The advertisement shall run at least once per week
				  for four successive weeks and shall appear either in the newspaper's sports
				  pages or entertainment pages. The ad shall contain the following facts:
94.2.e.1. The licensee currently operates 'x'
				  number of video lottery terminals;
94.2.e.2. The licensee is currently
				  authorized by the West Virginia Lottery Commission to operate up to 'y' number
				  of video lottery terminals;
94.2.e.3. The licensee is seeking permission
				  from the West Virginia Lottery Commission to operate 'z' number of additional
				  video lottery terminals;
94.2.e.4.
				  The West Virginia Lottery Commission has scheduled a public meeting to consider
				  the licensee's expansion request at a particular time and place determined by
				  the Director of the West Virginia Lottery. [The meeting shall be held at a
				  neutral site away from the limited gaming facility's property]; and
94.2.e.5. To determine whether the proposed
				  expansion is in the best interest of the citizens of West Virginia, the
				  Commission will accept written or oral statements from citizens at the meeting;
				  however, written statements must be received by the Director of the West
				  Virginia Lottery at least one business day before the scheduled Commission
				  meeting.
94.2.f. The
				  expansion issue will be removed from the Commission's monthly meeting agenda if
				  the limited gaming facility licensee fails to provide any required information
				  by the appropriate deadline, or if the information is judged by the Director
				  and Commission to be insufficient. The expansion issue will be returned to the
				  Commission's monthly meeting agenda once the limited gaming facility licensee
				  provides the Commission with the additional information.