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 179-4-25 - Limited Gaming Facility License Application

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. A person applying for the limited
				  gaming facility license and a person required to be qualified as part of the
				  application shall complete and submit an application and disclosure form or
				  forms in the manner and form prescribed by the Commission. An applicant shall
				  make the application and disclosure form or forms under oath on forms provided
				  by the Commission. The application and disclosure form or forms shall contain
				  all information required by the Commission.
25.2. The limited gaming facility license
				  application procedures are as follows:
25.2.a. The Commission shall use reasonable
				  efforts to avoid unnecessary publicity concerning information included in the
				  applications and other documents that are or could reasonably be considered
				  sensitive, however, upon application, an applicant shall assume and accept, in
				  writing, under oath, all risk of adverse publicity, notoriety, embarrassment,
				  criticism, financial loss, or other unfavorable or harmful consequences that
				  may occur in connection with the application process or the public disclosure
				  of information submitted with the application and disclosure form or
				  forms.
25.2.b. Upon application, an
				  applicant shall also expressly waive and give up, in writing, under oath, all
				  claims for damages that may result from the application and licensing
				  process.
25.2.c. Upon application,
				  an applicant shall also consent, in writing, under oath, to being subject to
				  the inspections, investigations, audits, searches, and seizures under section
				  eighteen of the Act for the duration of the limited gaming facility license for
				  which application is made.
25.2.d.
				  Upon applying for, or while holding, the limited gaming facility license under
				  the Act and this rule, an applicant or licensee shall also authorize and
				  consent, in writing, under oath, to release and disclose, to the Commission and
				  its authorized representatives and agents, all otherwise confidential records
				  that the Commission requests that are in the possession or control of the
				  applicant or a third party, including, without limitation, tax records,
				  financial records, business records or other records pertaining to the
				  applicant or licensee held by a federal, state, or local governmental agency or
				  by a credit bureau or financial institution.
25.2.e. The Commission shall conduct a
				  background investigation of an applicant. The Commission shall also use the
				  information provided in the application and disclosure form or forms as a basis
				  for a background investigation, which the Commission shall conduct on each
				  applicant, and to evaluate and determine the eligibility, qualifications, and
				  suitability of the applicant to receive the limited gaming license under the
				  licensing standards and criteria provided in the Act and this rule. A
				  misrepresentation or omission in the application is cause for the denial,
				  suspension, restriction, or revocation of the limited gaming license by the
				  Commission.
25.2.f. An applicant
				  shall provide the name, address, and telephone number of a representative to
				  act as a liaison to the Commission. The applicant shall facilitate, assist, and
				  cooperate with the Commission in its conduct of background investigations of
				  the applicant under the Act and this rule.
25.2.g. The Commission shall not issue or
				  renew a limited gaming license unless the applicant and each person required to
				  be qualified as part of the application for issuance or request for renewal of
				  the license has completed and filed, with the Commission, all required
				  applications, license renewal forms, and disclosure forms in the manner and
				  form prescribed by the Commission and provides all information, documentation,
				  assurances, waivers and releases required by the Act and this rule.
25.2.h. An applicant shall file the required
				  application forms before the expiration of deadlines established and published
				  by the Commission.
25.2.i. An
				  applicant is under a continuing duty to disclose any material or substantive
				  changes in the information or documentation provided in or with the
				  application, renewal, and disclosure forms submitted to the
				  Commission.
25.2.j. A person
				  applying for the limited gaming facility license shall request an amendment to
				  its application if it knows or should have known that there has been a change
				  in any of the following:
25.2.j.1. A change
				  of the applicant's key persons or the key persons of its holding companies or
				  affiliates that have control of the applicant;
25.2.j.2. A change in the type of business
				  organization or entity;
25.2.j.3.
				  An adverse change of more than 2 percentage points in capitalization or debt to
				  equity ratio;
25.2.j.4. A change of
				  investors or debt holders, or both; or
25.2.j.5. A change of the source of
				  funds.
25.2.k. A limited
				  gaming license application may be withdrawn upon written notice to the
				  Commission before Commission action on the application. The application fee
				  shall not be refunded to a withdrawing applicant.
25.2.l. The Commission may allow information,
				  documents, or other materials submitted by an applicant in a withdrawn
				  application to be incorporated by reference into a subsequent
				  application.