reglab/statecodes huggingface dataset:
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-9 - General Reporting Requirements; Obligation to Report Certain Events

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A person that
				  holds a casino license, or that holds or applies for 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 gaming operation
				  or casino operation or supplier operations in West Virginia. A person who holds
				  the casino license or supplier license shall provide written notice to the
				  Commission at the time the person becomes aware of any of the following:
9.1.a. A violation or apparent violation of
				  the Act or this rule by any of the following entities:
9.1.a.1. A person that applies for or holds a
				  casino license;
9.1.a.2. An
				  employee of a casino license or a casino license applicant, a key person of a
				  casino licensee's or license applicant's holding company or affiliate that is
				  in control of a key person;
9.1.a.3. A person that or holds a supplier
				  license;
9.1.a.4. An employee of a
				  person applying for or holding a supplier license, a key person of a supplier
				  licensee's or license applicant's holding company or affiliate that is in
				  control of a key person; or
9.1.a.5. A person who acts, or is authorized
				  to act, on behalf of or in furtherance of the interests of the casino 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-10 - Licensee's Duty to Disclose Violation Lf 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 casino, supplier, occupational licensee or management services provider
					 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-11 - 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-12 - 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-13 - Restricted Transactions

Current through Register Vol. XLI, No. 28, July 12, 2024
A member of the Commission, the Director, an employee of
					 the West Virginia Lottery or an immediate family member residing in their same
					 household shall not hold or obtain a direct or indirect interest in a racetrack
					 casino licensee, a licensed supplier or a licensed management services
					 entity.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-14 - Restrictions on Gift-Giving

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				  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 or other thing of value to
				  any of the following entities:
14.1.a. A
				  member of the Commission;
14.1.b.
				  The Director;
14.1.c. An employee
				  of the West Virginia Lottery Office;
14.1.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
14.1.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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-15 - Restrictions on the Casino Licensee Interest in a Supplier Licensee

Current through Register Vol. XLI, No. 28, July 12, 2024
A casino licensee shall not own an interest of more than
					 ten percent in a licensed supplier.
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 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-16 - Review of Information at Licensee's or Applicant's Premises; Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. At the option
				  of the Director, he or she may review, at the premises of the custodian of the
				  information, any information that the Act, this rule or the Director requires
				  from any of the following entities:
16.1.a. A
				  license applicant;
16.1.b. A
				  licensee;
16.1.c. An affiliate of a
				  license applicant or licensee; and
16.1.d. A person who holds more than a five
				  percent 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-18 - Classification of Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The
				  Commission may classify an activity to be licensed in addition to, different
				  from, or at a different level than, the following license classifications:
18.1.a. Racetrack table games license/casino
				  licenses;
18.1.b. Supplier
				  licenses;
18.1.c. Occupational
				  licenses. An individual who is employed by a casino licensee and whose work
				  duties are directly related to, or involved in, the table games operations or
				  are performed in a restricted area of the casino or in the table games area of
				  the casino, or who is a table game operations manager, a general manager or
				  department manager having oversight or operational responsibility for operation
				  of the gaming facility, or an equivalent, shall hold a valid occupational
				  license that is the level required for his or her position before the
				  individual may perform any of the duties of his or her position. There are two
				  different classes of occupational license, as follows:
18.1.c.1. Level 1 licenses for policy-making
				  positions; and
18.1.c.2. Level 2
				  licenses for other positions; and
18.1.d. Management services
				  license.
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 179-8-19 - Fees, Fines, Charges, and Assessments

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. All fees, fines, charges, and
				  assessments provided for under the Act shall be submitted in a timely manner to
				  the Commission in the form of a certified check, a cashier's check, a money
				  order or the casino licensee's business check made payable to: "West Virginia
				  Lottery," or in the form of an electronic funds transfer, or by another method
				  of payment that is acceptable to the Commission.
19.2. The license application fee shall be
				  used by the Commission in part or in full 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 casino licensee in the applicant's
				  behalf, shall submit the following nonrefundable initial license application
				  fees to the Commission, together with the required application form or forms,
				  for the corresponding license classification to which the fees relate:
19.2.a. The racetrack table games/casino
				  license: $1,500,000.00;
19.2.b.
				  Supplier license: $100.00;
19.2.c.
				  Occupational license: $100.00; and
19.2.d. Management services license:
$100.00.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-20 - Persons Required to Qualify for Issuance and Renewal of Gaming Facility and Supplier Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The
				  Commission shall not issue or renew the license of a casino, 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.
20.2. The following persons
				  are required to qualify as part of the application for the issuance, or request
				  for renewal, of the casino license or a supplier license:
20.2.a. If the person who makes application
				  for the license of a casino, supplier or management services provider 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;
20.2.b. If
				  the person who makes application for the license of a casino, supplier or
				  management services provider 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
				  five percent or less shareholders, that has a combined direct, indirect, or
				  attributed interest of five percent or more in the applicant; and
20.2.c. A person who is required to apply for
				  the license of a casino, supplier or management services provider the casino
				  license or a supplier 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-21 - Casino Licensing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. When the Commission receives a license
				  application from a pari-mutuel racetrack that holds a racetrack video lottery
				  license, together with a certified copy of the county commission's canvass of
				  votes showing that the pari-mutuel racetrack is authorized by the county's
				  voters to hold a license under the Act, and also upon the tendering of an
				  electronic funds transfer to the Commission in the amount of one million five
				  hundred thousand dollars, the Commission shall immediately issue the requested
				  license to the racetrack.
21.2.
				  Whenever a casino licensee renews its privilege to operate table games and
				  racetrack video lottery games, it shall do so in a process that combines the
				  requirements W. Va. Code §
										29-22C-1
				  et seq. and W. Va. Code §
										29-22A-1
				  et seq.
21.3. The license issued
				  under subsections 21.1 and 21.2 of this rule shall be a casino license and
				  shall signify that the Commission and the county's voters have approved the
				  licensee to conduct both table gaming under W. Va. Code §
										29-22C-1
				  et seq. and racetrack video lottery gaming under W. Va. Code §
										29-22A-1
				  et seq.
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 179-8-22 - Casino License Application Forms; Amendments to Application Forms and Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A
				  person applying for the racetrack table games license and a person required to
				  be qualified as part of the application may be required to complete and submit
				  an initial application and disclosure form or forms in the manner and form
				  prescribed by the Commission. In this case, an applicant shall make the
				  application and disclosure form or forms under oath on forms provided by the
				  Commission.
22.2. A casino licensee
				  is under a continuing duty to disclose any substantive changes in the
				  information or documentation provided in or with the application, renewal, and
				  disclosure forms submitted to the Commission. A casino licensee shall submit an
				  amendment to its application if it knows or should have known that there has
				  been a change in any of the following:
22.2.a.
				  A change of the applicant's key persons or the key persons of its holding
				  companies or affiliates that have control of the applicant;
22.2.b. A change in the type of business
				  organization or entity;
22.2.c. A
				  change of more than five percentage points in capitalization or debt to equity
				  ratio;
22.2.d. A change of debt
				  holders;
22.2.e. A change of
				  investors or stockholders unless the licensee is a publicly traded company;
				  or
22.2.f. A change of the source
				  of funds.
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 179-8-23 - Persons Who Have Control of a Licensee or Applicant

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The casino licensee shall require each
				  person who has control of the licensee to be qualified as part of the
				  application and or annual renewal to submit all of the information and
				  documentation required by the Commission. Persons who are considered to have
				  control of an applicant including:
23.1.a.
				  Each person associated with a corporate applicant or the immediate parent
				  company of the applicant, but not including a bank or other licensed lending
				  institution which holds a mortgage or other lien acquired in the ordinary
				  course of business, who has the ability to control the activities of the
				  corporate applicant or elect a majority of the board of directors of that
				  corporation;
23.1.b. Each person
				  associated with a non-corporate applicant who directly or indirectly holds any
				  beneficial or proprietary interest in the applicant or who the Commission
				  determines to have the ability to control the applicant; and
23.1.c. Key personnel of an applicant,
				  including any executive, employee or agent, having the power to exercise
				  significant influence over decisions concerning any part of the applicant's
				  business operation.
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 179-8-25 - Confidential Information in an Application

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. An applicant shall submit information
				  or documentation required by the Commission which is exempt from public
				  disclosure under the
West Virginia Freedom of Information Act,
W. Va. Code §
										29B-1-4, or which the
				  applicant or filer wishes to be treated as confidential as a separate part of
				  the application under a cover clearly labeled "Confidential Information." An
				  applicant shall submit the information or documentation in the manner and form
				  prescribed by the Commission;
25.2.
				  An applicant shall produce all required written waivers, assurances, releases
				  and affidavits, which shall be submitted in the manner and form prescribed by
				  the Commission;
25.3. An applicant
				  shall supply to the Commission a statement listing the name, position or title,
				  and business address and telephone number of each individual who completed or
				  prepared any part of the application for the applicant; and
25.4. An applicant shall supply any other
				  information or documentation that the Commission may consider material and
				  necessary to establish the identification, eligibility, suitability, and
				  qualification of the applicant or any other person required to be qualified or
				  licensed as part of the application under the licensing standards 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-26 - Issuance of a Racetrack Table Games License

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. After the issuance of a casino license
				  as provided in section twenty-two of this rule, the Director may 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 casino 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 the purposes of taking further evidence and
				  rendering its final decision on the application.
26.3. The Commission shall place restrictions
				  and conditions on the casino 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 table game operations
				  shall undergo, and successfully complete, a sufficient number and type of
				  practice gaming operations to ensure that the gaming operation is conducted in
				  compliance with the Act and this rule;
26.3.c. The licensee shall satisfactorily
				  complete or comply with any incomplete or non-complying aspects of its casino,
				  support facilities, and table gaming 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-27 - Payment of the Annual License Renewal Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. The licensee shall pay the annual
				  license renewal fee of $2,500,000 by electronic funds transfer. The licensee's
				  fee payment must be received by the West Virginia Lottery on or before June 30
				  of each year.
27.2. The licensee
				  shall submit to the Commission a renewal application in the form that the
				  Commission requires accompanied by satisfactory evidence of compliance with any
				  additional requirements set by the Commission for license renewal.
27.3. The licensee shall submit to the
				  Commission evidence satisfactory to the Commission of the licensee's compliance
				  with the plan described in W. Va. Code §
										29-22C-8(g)(3)
				  and subsection 2.60 of this rule to operate a hotel with significant amenities
				  on the racetrack property, or progress toward constructing a hotel.
27.4. The Commission shall renew the license
				  if the licensee 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-28 - The Licensee's Duty to Disclose Material Changes

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. Issuance of the 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.
28.2. A 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 casino 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-29 - Required Notification of Anticipated or Actual Changes in Directors, Partners, and Officers of the Licensee and Its Immediate Parent Company, If Any

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. A person
				  that applies for or holds a racetrack table games 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 gaming operations in West
				  Virginia.
29.2. 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-30 - Notification of New Financial Sources Required

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. An applicant or a racetrack casino
				  licensee, or any holding company, affiliate, or person who has control of a
				  person that applies for or holds a casino 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 its West Virginia casino
				  that may result in any new financial backers, investors, mortgagees,
				  bondholders, or holders of indentures, notes, or other evidences of
				  indebtedness of the applicant or licensee.
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 traced corporation whose ongoing and
				  regular responsibilities relate or are expected to relate directly to the
				  operation or oversight of the casino.
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 179-8-31 - Notification by publicly traded applicants, licensees, or holding companies required

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. A
				  publicly traded company that applies for or holds a casino license or a
				  publicly traded holding company or affiliate that has control of a racetrack
				  table games license applicant or licensee shall notify the Commission, as soon
				  as practicable after it becomes aware that, with regard to the publicly traded
				  company, any person or individual has beneficially acquired any of the
				  following:
31.1.a. The ability to control the
				  publicly traded applicant or licensee or the publicly traded holding company or
				  affiliate that has control of the license applicant or licensee; or
31.1.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 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 or
				  individual.
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 179-8-32 - 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
					 licensee shall not perform any duties or exercise any powers of the position
					 related to West Virginia casino 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-33 - 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 license applicant or licensee shall not perform any duties or exercise
					 any powers of the position related to West Virginia casino 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-34 - Supplier License Required to Provide Table Games-Related Devices, Supplies and/or Services

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1.
				  When a person will supply or provide a casino with gaming devices, gaming
				  supplies or services that directly affect the play and results of table games
				  authorized, conducted, and played under the Act and this rule, the person shall
				  hold a supplier's license. In determining whether a person is qualified to be
				  licensed as a supplier under this rule, the Commission shall consider, without
				  limitation, whether the person meets one or more of the following criteria:
34.1.a. The person manufactures, supplies, or
				  distributes devices, machines, equipment, items or articles that:
34.1.a.1. Are specifically designed for use
				  in the conduct of table gaming;
34.1.a.2. Are needed to conduct table
				  gaming;
34.1.a.3. Have the capacity
				  to affect the outcome of the play of a table game; or
34.1.a.4. Have the capacity to affect the
				  calculation, storage, collection, or control of gross receipts; and
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 179-8-36 - Supplier's License Issuance; Standards and Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. 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:
36.1.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 twelve of the Act and this rule;
36.1.b. The financial stability and
				  responsibility of the applicant;
36.1.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 casino
				  licensee and racetrack table games license applicants in compliance with the
				  Act and this rule;
36.1.d. The
				  applicant and all other persons required to be qualified as part of the
				  application have not been convicted of any disqualifying crime listed in
				  section fifteen of the Act;
36.1.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;
				  and
36.1.f. The applicant and all
				  other persons required to be qualified as part of the application are in
				  substantial compliance with all local and state tax laws.
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 179-8-37 - Supplier License Application; Commission Action

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1. The Commission shall take the following
				  action on an application for a supplier license:
37.1.a. 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.
37.1.b. If the
				  Commission grants the application, it shall direct the Director to issue a
				  supplier license;
37.1.c. If the
				  Commission denies the application, then it shall instruct the Director to issue
				  the applicant a notice of denial by certified mail; and
37.1.d. 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-38 - Denied License; Reapplication

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1. A person whose application for a
				  supplier license has been denied may not reapply for a supplier license for a
				  period of one year from the date on which the Commission voted to deny the
				  application, unless the Commission allows reapplication at an earlier
				  date.
38.2. 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-40 - Management Services Provider's License Issuance; Standards and Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1. A person that
				  is required to be licensed as a management services provider under the Act and
				  this rule shall, before issuance of a management services provider's license,
				  produce information, documentation, and assurances in its application to
				  establish all of the following by clear and convincing evidence:
40.1.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 fourteen of the Act and this rule;
40.1.b. The financial stability and
				  responsibility of the applicant;
40.1.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 management
				  services that the applicant seeks permission to provide to the casino licensee
				  in compliance with the Act and this rule;
40.1.d. The applicant and all other persons
				  required to be qualified as part of the application have not been convicted of
				  any disqualifying crime listed in section fifteen of the Act; and
40.1.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.
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 179-8-41 - Management Services Provider's License Application; Commission Action

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. The
				  Commission shall take the following action on an application for a management
				  services provider license:
41.1.a. 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;
41.1.b. If
				  the Commission grants the application, it shall direct the Director to issue a
				  management services provider's license;
41.1.c. If the Commission denies the
				  application, then it shall instruct the Director to issue the applicant a
				  notice of denial by certified mail; and
41.1.d. 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-42 - Denied License; Reapplication

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. A person whose application for a
				  management services provider license has been denied may not reapply for a
				  management services provider license for a period of one year from the date on
				  which the Commission voted to deny the application unless the Commission allows
				  reapplication at an earlier date.
42.2. A person whose application for a
				  management services provider 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-43 - Occupational License Requirement; License Classes; Application; Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1. A natural
				  person employed by the racetrack casino licensee whose work duties are related
				  to the table games operation shall hold an occupational license of the level
				  required for the individual's position before the individual may perform any of
				  the duties of his or her position.
43.2. This rule applies to both full-time and
				  part-time employees.
43.3. The two
				  different classes of occupational licenses that an employee may hold are as
				  follows:
43.3.a. Level 1, the highest level
				  of occupational license; and
43.3.b. Level 2.
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 179-8-44 - Occupational License, Level 1

Current through Register Vol. XLI, No. 28, July 12, 2024
44.1.
				  A natural person who will be employed by the casino 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 1 occupational license
				  or a valid temporary level 1 occupational license issued under this rule. A
				  level 1 license is necessary for a person who:
44.1.a. Functions as a casino
				  manager;
44.1.b. Functions as the
				  table games operations manager;
44.1.c. Functions as a casino shift
				  manager;
44.1.d. Functions as a pit
				  manager;
44.1.e. Manages
				  surveillance operations;
44.1.f.
				  Functions as a cage manager;
44.1.g. Manages the hard count room or soft
				  count room;
44.1.h. Functions as a
				  table games financial controller;
44.1.i. Manages personnel and human resource
				  activities of the table games operation; or
44.1.j. Manages the patron check collection
				  unit.
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 179-8-45 - Occupational License, Level 2

Current through Register Vol. XLI, No. 28, July 12, 2024
45.1.
				  A natural person who will be employed by the casino licensee shall hold, before
				  employment, a current and valid level 2 occupational license unless required to
				  hold a level 1 occupational license. A level 2 license is necessary for a
				  person who:
45.1.a. Functions as a
				  dealer;
45.1.b. Conducts
				  surveillance investigations and operations;
45.1.c. Processes coins, currency, gaming
				  chips or cash equivalents;
45.1.d.
				  Provides physical security in the casino;
45.1.e. Repairs table gaming equipment;
				  or
45.1.f. Is an employee of the
				  table games operation whom the Commission considers necessary to be licensed to
				  ensure compliance with the Act and this rule and to protect the public and
				  ensure the credibility and integrity of gaming in the state.
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 179-8-46 - Applications for Occupational Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
46.1. An applicant for a level-one
				  occupational license shall complete and submit an application and personal
				  disclosure form to the Commission. The applicant shall submit the application
				  and disclosure form in the manner and form prescribed by the Commission at
				  Lottery Headquarters or any other location specified by the Commission. The
				  application and personal disclosure forms prescribed by the Commission may
				  require the applicant to provide any of the following information and documents
				  with respect to the applicant:
46.1.a. The
				  applicant's name, including any aliases or nicknames;
46.1.b. The applicant's date of birth and a
				  copy of his or her birth certificate;
46.1.c. The applicant's physical
				  description;
46.1.d. The
				  applicant's current address and residence history;
46.1.e. The nature of the applicant's
				  position with or interest in the casino;
46.1.f. The applicant's current home and
				  business or work telephone numbers;
46.1.g. The employment history of the
				  applicant;
46.1.h. The convictions
				  of the applicant for any crime involving gaming, theft, fraud or moral
				  turpitude;
46.1.i. The fingerprint
				  record authorization for digital fingerprint recording by the
				  Commission;
46.1.j. Previous
				  bankruptcies of the applicant and garnishments, attachments, or formal
				  proceedings to adjust, defer, suspend, or otherwise work out the payment of a
				  debt of the applicant;
46.1.k.
				  Whether the applicant has ever been bonded or been denied any type of
				  bond;
46.1.l. All required waivers
				  and affidavits prescribed by the Commission; and
46.1.m. Any other information or documents
				  that the Commission considers necessary and relevant to determine the
				  applicant's identity, eligibility, qualifications, and suitability for
				  licensure under the Act or this rule.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-48 - Commission Action on Occupational License Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
48.1. 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.
48.2. If the
				  Commission grants the application, it shall direct the Director to issue an
				  occupational license.
48.3. If the
				  Commission denies the application, then it shall direct the Director to issue
				  the applicant a notice of denial by certified mail. The notice of denial does
				  not initially constitute a finding that the applicant is ineligible,
				  unqualified, or unsuitable to be licensed. 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 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-49 - Requirements for Occupational License Identification Badge

Current through Register Vol. XLI, No. 28, July 12, 2024
49.1. 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.
49.2. The occupational
				  license shall contain all of the following information:
49.2.a. The occupational licensee's first
				  name, last name, and job title;
49.2.b. The occupational license number
				  assigned by the Commission;
49.2.c.
				  The level of the occupational license;
49.2.d. The signature of the Director of the
				  West Virginia Lottery;
49.2.e. The
				  date that the occupational license was issued and the date that the
				  occupational license expires; and
49.2.f. Any other information prescribed by
				  the Commission.
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 179-8-50 - Reapplication for denied license

Current through Register Vol. XLI, No. 28, July 12, 2024
50.1. A person whose application for an
				  occupational license has been denied may not, without permission of the
				  Commission, reapply for an occupational license of the same or higher level for
				  a period of one year from the date on which the Commission voted to deny the
				  application.
50.2. A person whose
				  application for an occupational license was denied may seek leave of the
				  Commission to reapply within the one year period by addressing the request to
				  the Commission through the Director. The Commission may require the applicant
				  to present oral or written argument to the Commission 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 179-08 - Racetrack Table Games Rule › Part 4 - CONDUCT OF TABLE GAMING › Section 179-8-51 - Rules of Table Games; Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
51.1. A casino licensee shall submit its
				  table game rules to the Commission for approval to ensure all of the following:
51.1.a. The games offered by the casino
				  licensee are performed only in accordance with the Act and this rule;
51.1.b. The functions, duties, and
				  responsibilities associated with the casino are appropriately segregated and
				  performed in accordance with sound practices by competent, qualified personnel,
				  and to ensure that an employee of the casino licensee is not in a position to
				  perpetuate and conceal errors or irregularities in the normal course of his or
				  her duties; and
51.1.c. The casino
				  is operated by the casino licensee 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 179-08 - Racetrack Table Games Rule › Part 4 - CONDUCT OF TABLE GAMING › Section 179-8-52 - Hours of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
Gaming is authorized during hours set by the West Virginia
					 Lottery Commission by its order.