West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-10 - Advance Deposit Account Wagering (ADW) › Part 2 - ISSUANCE OF ADW LICENSES › Section 178-10-3 - Authorization to conduct advance deposit account wagering

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person or entity shall conduct
				  advance deposit account wagering (ADW) in the state of West Virginia unless the
				  person or entity has applied for and has been granted an ADW license by the
				  Racing Commission. No ADW license shall be granted by the Commission unless the
				  applicant meets all requirements specified in §
										19-23-12e
				  of the West Virginia code and this rule.
3.2. An ADW license shall be valid for the
				  calendar year in which it is issued. Provided that, those initial ADW licenses
				  issued by the Racing Commission on or after the July 1, 2020 effective date of
				  West Virginia §§
										19-23-12e
				  et seq., and the effective date of this rule, shall be valid from the date of
				  issuance until December 31, 2020.
3.3. An application shall include, on a form
				  prescribed by the Racing Commission and located on its website at
https://racing.wv.gov
, the names,
				  addresses and telephone numbers of all officers and directors. The following
				  information shall be required to be provided by an applicant to the Commission:
3.3.a. An application shall include an
				  affidavit from the chief executive officer or a major financial participant in
				  the applicant setting forth:
3.3.a.1. That
				  the application is made for a license to conduct ADW in the state of West
				  Virginia;
3.3.a.2. That the affiant
				  is the agent of the applicant, its owners, partners, members, directors,
				  officers, and personnel and is duly authorized to make the representations in
				  the application on their behalf. Documentation of the authority shall be
				  attached;
3.3.a.3. That the
				  applicant seeks a grant of a privilege from the state of West Virginia, and the
				  burden of proving the applicant's qualifications rests at all times with the
				  applicant;
3.3.a.4. That the
				  applicant consents to inquiries by the state of West Virginia, its employees,
				  the Racing Commission, its staff and agents, into the financial, character, and
				  other qualifications of the applicant by contacting individuals and
				  organizations;
3.3.a.5. That the
				  applicant, its owners, partners, members, directors, officers, and personnel
				  accept any risk of adverse public notice, embarrassment, criticism, or other
				  circumstance, including financial loss, which may result from action with
				  respect to the application and expressly waive any claim which otherwise could
				  be made against the state of West Virginia, its employees, the Racing
				  Commission, staff, or agents;
3.3.a.6. That the affiant has read the
				  application and knows the contents; the contents are true to affiant's own
				  knowledge, except matters therein stated as information and belief; as to those
				  matters, affiant believes them to be true;
3.3.a.7. That the applicant recognizes all
				  representations in the application are binding on it, and false or misleading
				  information in the application, omission of required information, or
				  substantial deviation from representations in the application may result in
				  denial, revocation, suspension or conditioning of a license or imposition of a
				  fine, or any or all of the foregoing;
3.3.a.8. That the applicant will comply with
				  all applicable state and federal statutes and rules, all rules of the Racing
				  Commission and all other local ordinances;
3.3.a.9. The affiant's signature, name,
				  organization, position, address, and telephone number; and
3.3.a.10. The date.