reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-16 - Reservation of authority to have video lottery terminals on or before August 1, 2001by persons who held a private club license or Class "A" nonintoxicating beer license on January 1, 2001

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				On or before August 1, 2001, every person who on the January 1, 2001 held a
				private club license issued as provided W. Va. Code §
									60-7-1
et seq
., or a Class "A" nonintoxicating beer license issued as
				provided in W. Va. Code §
									11-16-1
et seq
., and who wants to offer video lottery terminals, as
				defined in this rule, for the enjoyment of the licensee's customers may file an
				application to be licensed as a limited video lottery retailer under this
				rule.
16.2. The applications shall
				be submitted on forms supplied by the director. Each application shall:
16.2.a. Be signed by the applicant or a
				person authorized to sign the application filed for a person who is not an
				individual; and
16.2.b. Provide all
				of the information requested by the commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-17 - The bidding process

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Mailed and courier-delivered bids shall be addressed as follows:
Submit one (1) original bid to:
State of West Virginia
Department of Administration
Purchasing Division
2019 Washington Street, East
P.O. Box 50130
Charleston, WV 25305-0130
17.2. The outside envelope/package(s) should
				be clearly marked:
17.2.a. Buyer: __________,
				Director;
17.2.b. Req.: Video
				Lottery Permit Bids;
17.2.c. Date:
				(opening) ________; and
17.2.d.
				Time: (opening) ________.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-18 - Examples of the preference for current permit holders

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The preference for current permit
				holders allowed by W.Va. Code §
									29-22B-1108
				shall be computed by adding 5 percent of the bid price submitted by the current
				permit holder to the amount of the bid submitted by that holder;
18.1.a. Example for year 2031. Operator "A"
				holds a current permit to own or lease 500 video lottery terminals. Operator
				"A" submits a bid of $,000 per terminal for authorization to own or lease 500
				terminals during the 10-year period that begins July 1, 2031. The minimum bid
				amount set by the commission is $,000 per terminal authorization. When the bids
				are opened and the amounts of the per terminal bids are arranged from highest
				to lowest, it is apparent that operator "A" is not a successful bidder for some
				or all of the permits sought by operator "A." Before the permits are awarded,
				the commission will apply the 5 percent preference to bids submitted by a
				current permittee whose bids equal or exceed the minimum per terminal bid
				authorization amount set by the commission. With this preference added,
				operator "A's" bid of $4,000 per terminal authorization is effectively $4,200
				per terminal authorization. Because of this preference, operator "A" is a
				successful bidder for 500 video lottery terminal authorizations. The amount due
				from operator "A" will be $2.1 million plus applicable license fees. The amount
				due shall be paid to the commission on or before the dated set by the
				commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-19 - Operator - retailer contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. A true copy of all contracts the
				applicant has entered into with persons who hold a limited video lottery
				retailer's license issued under the Act for placement of video lottery
				terminals in the premises of the limited video lottery retailer for whom
				authorizations were reserved shall be attached to the application along with a
				true copy of the certificate of reservation issued by the commission to that
				video lottery retailer.
19.2. The
				contract between the operator and the limited video lottery retailer shall be
				in writing and be signed by the parties, or their duly authorized
				representative when the party is a person who is not an individual;
19.2.a. The commission shall supply a
				contract elements form to provide quick and easy review of the important terms
				and elements of each contract;
19.2.b. The operator submitting each contract
				shall list the required information and contract terms from the signed contract
				onto the commission-supplied form and shall staple the form onto the
				appropriate contract prior to filing the contract with the commission;
				and
19.2.c. The operator shall
				provide to the commission an affidavit stapled to each contract, which is
				signed and attested to by the operator's chief executive stating that this
				contract is the only contract, agreement or understanding, written or oral,
				between the operator and the licensed video lottery retailer concerning the
				placement and operation of limited video lottery terminals, and that the
				operator will execute no further limited video lottery agreements with the
				retailer so long as this attached agreement is in force for video lottery
				terminals on the premise of the retailer stated in the contract. Any other
				agreements between the operator and the limited video lottery retailer shall be
				identified by the operator and are subject to review by the commission. Those
				agreements shall be negotiated in good faith and for fair market consideration,
				and shall not be for excess or unreasonable consideration designed to
				circumvent the requirement of this subdivision 19.2.c of this
				subsection.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-20 - Additional requirements regarding the 150-foot requirement for location of a limited video lottery retailer license

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. A retailer license will not be denied
				based solely on the proposed establishment being closer than 150 feet to an
				existing limited video lottery retail licensee or in a structure where another
				limited video lottery licensee was already licensed to conduct video lottery
				games so long as the initial application for a limited video lottery retailer
				license for the premises was applied for on or before July 1, 2002 if an
				applicant applies for a limited video lottery license for a specific premise
				which was a licensed ABCA location under a valid and continuing private club
				liquor license or a Class "A" nonintoxicating beer license on or before January
				1, 2001, and if an ABCA license for that premises is still in effect at the
				time of the filing of the application for a limited video lottery license for
				the same premise.
20.2. After July
				1, 2002, the initial exemption from the 150-foot restriction and the single
				structure under one roof restriction as stated in subsection 20.1 of this rule
				shall be considered waived for the premises whenever a premises that has
				initially been licensed by the commission as a limited video lottery retail
				location ceases to offer limited video lottery gaming for at least 180
				consecutive days. Until the 180-day period has passed, no new limited video
				lottery retailer license shall be granted for a premises closer than 150 feet
				to the previously-licensed premises.
20.3. The award of the license shall be
				determined based on the date the applications were received in the state
				lottery office when two or more applications for a limited video lottery
				retailer's license are pending at the same time, if the proposed premise of
				each applicant would be in the same structure under one roof, and each
				applicant meets all other requirements for a retailer license;
20.3.a. The license shall be awarded to the
				applicant who first filed a complete application; and
20.3.b. The license shall be issued by the
				commission by lots when the applications were received on the same
				day.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-21 - Testing and installation of approved lottery terminals

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The request for original approval or
				subsequent modification shall be made directly to one of the commission's
				designated independent testing laboratories.
21.2. The request for modification shall
				contain a detailed description of the type of change, the reasons for the
				change and technical documentation of the change.
21.3. Each video lottery terminal approved
				for placement at a licensed location shall conform to the exact specifications
				of the video lottery terminal prototype tested and approved by the independent
				testing laboratory, and approved by the commission.
21.4. The director shall disable and cause
				not to operate during the suspension period every video lottery terminal
				supplied by the operator to all licensed video lottery retailers when an
				operator's license is suspended.
21.5. The director shall disable and cause
				not to operate during a license suspension period every video lottery terminal
				owned or leased by the permittee when the license of a video lottery retailer
				who is also a permittee is suspended.
21.6. The director shall disable and cause
				not to operate during the suspension period every video lottery terminal
				supplied by the manufacturer to permittees that are placed in licensed video
				lottery retailer locations when a manufacturer's license is
				suspended.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-22 - Transportation from manufacturer and registration of video lottery terminals

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A
				manufacturer transporting or arranging for the transportation of one or more
				video lottery terminals into this state shall, prior to shipment, provide the
				commission with the number or other identification mark that identifies the
				security seal on the container within the cargo compartment of the carrier
				delivering one or more video lottery terminals to a permittee.
22.2. Notices required by this section
				twenty-two and W.Va. Code §
									29-22B-1205
				shall be either by United States mail, by courier service, by facsimile or by
				Internet electronic mail using the format prescribed by the
				commission.
22.3. No operator or
				limited video lottery retailer who holds a permit to own or lease a video
				lottery terminal may transport, or arrange for the transportation of, a video
				lottery terminal to a non-licensed retail location, or to a licensed limited
				access adult-only location if the transported terminal or terminals will result
				in more video lottery terminals in the new location than has been authorized by
				the commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-23 - Training for service technician licensees and license applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Instructors
				for service technician training classes shall be employed by the manufacturer
				or be retained by the manufacturer under contract.
23.2. No individual may act as an instructor
				who is an officer, principal or employee of a person that holds a limited video
				lottery license as an operator, retailer or service technician.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-24 - Master keys

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Each
				licensed manufacturer shall provide the commission with 40 copies of the master
				key for access into the logic area door of the manufacturer's video lottery
				terminals placed in operation.
24.2. No manufacturer may provide any copies
				of the logic area access key to any operator, retailer, service technician or
				to any other person other than the commission.
24.3. The object of subsections 24.1 and 24.2
				of this section is that one master key shall be capable of opening all video
				lottery terminals the manufacturer sells or leases to permittees for use in
				locations governed by the Act and this rule.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-25 - Sealing the logic area of the video lottery terminal and the controller unit

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. The
				commission shall provide logic box and controller unit security seals for each
				video lottery terminal and controller unit in operation.
25.2. The seal shall be affixed by commission
				personnel to prevent unauthorized access to the video lottery terminal logic
				unit or tampering with the controller unit.
25.3. Any licensee that discovers a broken or
				torn seal shall immediately report the incident to the lottery commission by
				telephone and shall also report to the commission in writing within thirty-six
				hours by facsimile or Internet electronic mail;
25.3.a. The reporting licensee shall identify
				himself or herself by name and by license number;
25.3.b. The reporting licensee shall identify
				the video lottery terminal by location, license number and decal
				number;
25.3.c. The reporting
				licensee shall report the date and time when the broken or torn seal was
				discovered; and
25.3.d. The
				reporting licensee may state the hard meter reading of the video lottery
				terminal at the time the broken or torn seal was discovered.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-26 - Repairs to logic board or circuitry

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Reports required by W.Va. Code §
									29-22B-1304
				may be delivered by United States mail, by courier service, by facsimile or by
				Internet electronic mail using the format prescribed by the
				commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-27 - Accounting for the state's share of gross terminal income

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. The gross terminal income from all
				operating video lottery terminals of a permittee shall be calculated monthly by
				the commission based on the calendar month.
27.2. The commission shall send a statement
				to each permittee of the following information for each machine covered by the
				permittee's permit that was in service for any portion of the calendar month
				covered by the calculations:
27.2.a. Credits
				played;
27.2.b. Credits
				won;
27.2.c. Gross terminal
				income;
27.2.d. Two percent of
				gross terminal income for the commission's administrative expenses;
27.2.e. Gross profits;
27.2.f. The commission's share rate
				applicable to gross profits for the current quarter; and
27.2.g. The commission's two percent of gross
				terminal income plus the commission's net terminal income to be swept from the
				permittee's account by electronic fund transfer.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-28 - Resolution of discrepancies

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1.
				The commission will not withhold from money it owes to an operator and pay that
				money to a retailer unless directed to do so by a state court of
				record.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-29 - Pay over of state's share of gross terminal income when electronic funds transfer is inoperative

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. The
				commission shall monthly transfer from each permittee's bank account the
				state's share of gross terminal income as calculated under subdivision 27.2.g
				of this rule.
29.2. The permittee
				shall remit payment by mail if the electronic transfer of funds is not
				operational or the commission notifies the permittee that remittance by this
				method is required.
29.3. Using the
				commission's statement under W.Va. Code §
									29-22B-1408,
				the permittee shall report, for each video lottery terminal operated by a
				licensee, the following information on forms prepared and supplied by the
				commission:
29.3.a. Credits played;
29.3.b. Credits won;
29.3.c. Gross terminal income;
29.3.d. Two percent of gross terminal income
				for the commission's administrative expenses;
29.3.e. Gross profits;
29.3.f. The commission's share rate
				applicable to gross profits for the current quarter; and
29.3.g. The lottery commission's two percent
				of gross terminal income plus the commission's net terminal income to be swept
				from the permittee's account by electronic fund transfer.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-30 - Examination of permittee and retailer books and records

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. The commission has the right to examine
				all accounts, bank accounts, financial statements and records in a retailer
				licensee's possession, under its control or in which it has an interest, when
				the retailer is not also a permittee, and the licensed retailer shall authorize
				all third parties in possession or in control of the accounts or records to
				allow examination of any of those accounts or records by the
				commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-31 - Additional requirements concerning appeal of an order

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. A petition for hearing shall be served
				on the commission by delivery in one of the following ways:
31.1.a. Personal delivery to the West
				Virginia lottery's central office at the address stated in the order, during
				regular business hours and excluding Saturdays, Sundays and legal
				holidays;
31.1.b. United States
				mail, postage prepaid, addressed to the post office box stated in the
				order;
31.1.c. Delivery to the West
				Virginia lottery's central office by private companies such as Airborne, DHL,
				Federal Express and United Parcel Service; or
31.1.d. Facsimile transmission to telephone
				number stated in the order. When the petition is delivered by facsimile
				transmission, the original of the petition and required security shall
				immediately be delivered to the commission using one of the delivery methods
				set forth in subdivisions 31.1.a, 31.1.b or 31.1.c.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-32 - Judicial review

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. The
				petition for appeal shall be filed in conformity with the requirements of W.
				Va. Code §
									29A-5-4.
32.2. Any party to the proceeding in circuit
				court or the Intermediate Court of Appeals, as provided for in W. Va. Code
				§
									51-11-1,
et seq.
, may appeal an adverse decision of said court to the
				Supreme Court of Appeals of West Virginia, as provided in W. Va. Code §
									29A-5-4(h).
32.3. The application for appeal to the
				supreme court of appeals shall be filed within the time provided by law for
				civil appeals generally in W. Va. Rules of Appellate Procedure, Supreme Court
				of Appeals of West Virginia.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-33 - Restrictions on retailer and operator advertising and promotion activities; restriction on retailer corporation and doing-business-as names of retail license locations

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. A
				limited video lottery licensed operator shall not conduct video lottery
				advertising.
33.2. A limited video
				lottery licensed retailer and/or operator shall not conduct video lottery
				Advertising or video lottery promotional activities: Provided, that a limited
				video lottery retailer may display a sign on the exterior of the establishment
				that states "Limited Video Lottery Location" which sign is of uniform size and
				design, no greater than eighteen (18) inches by eighteen (18) inches, produced
				and distributed to retailers by the lottery
				commission
;
33.3. A limited video lottery licensed
				retailer and/or operator may use the words "Limited Video Lottery Location" on
				one sign used to identify that the location has video lottery machines. Such
				sign shall conform to the following guidelines:
33.3.a. The sign shall not to exceed six (6)
				square feet in size as an addition to a sign currently being used by the
				licensed retailer and/or operator setting forth name of the approved retailer,
				or the area in which the words "Limited Video Lottery Location" appear on any
				new sign developed pursuant to this rule shall not exceed six (6) square feet
				in size;
33.3.b. The sign shall be
				affixed in one location on the outside of the licensed retail location; and the
				sign can be double-sided if the existing sign identifying the name of the
				licensed retail location is also double-sided;
33.3.c. The sign shall have a white
				background with a single color of black, red or dark blue lettering;
33.3.d. The font used in the sign shall be
				Helvetica or Arial and said font cannot exceed three inches in height or width
				per character; and
33.3.e. The sign
				can be illuminated but shall not have flashing or intermittent
				lights.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-34 - Prohibition against a business selling petroleum products establishing a separate room or building which is a part of, contiguous to, or adjoining the place of business as a restricted access adult-only facility

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. The commission may grant a license to
				and renew the license of an applicant for a limited video lottery retailer
				license for a restricted access adult-only facility that is contiguous to or
				adjoining a business that sells petroleum products so long as all of the
				following requirements are met:
34.1.a. The
				restricted access adult-only facility is not owned or operated either directly
				or indirectly by a direct or indirect owner of the business selling petroleum
				products; and
34.1.b. If the
				facility is leased, directly or indirectly, from the business selling petroleum
				products or from the direct or indirect owner of that business, the lease must
				be for a fixed monthly fair market rent and may not be based, in whole or in
				part, on the gross or net income of the video lottery terminals or on the video
				lottery income of the tenant licensee; or
34.1.c. If the facility is leased, directly
				or indirectly, from the landlord who directly or indirectly also leases space
				to the business selling petroleum product, the lease must be for a fixed
				monthly fair market rent and may not be based, in whole or in part, on the
				gross or net income of the video lottery terminals or on the video lottery
				income of the tenant licensee.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-35 - Prohibition Against Extending Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. A video lottery retailer shall not
				extend credit, in any manner, to a player to enable the player to play a video
				lottery game.
35.2. For purposes of
				this rule, a video lottery retailer shall be deemed to be extending credit when
				he or she knows or has reason to know that the proceeds of the check will be
				used to play or continue to play a video lottery game.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-05 - West Virginia Lottery Limited Video Lottery Rule › Section 179-5-36 - Permits to purchase, own and operate video lottery terminals; expiration date

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. The
				commission shall issue an amended permit which shall expire at 12:00 a.m. in
				this state on July 1, 2031 when the number of video lottery terminals a
				permittee is allowed to own or lease increases or decreases.
36.2. A permit to own or lease video lottery
				terminals issued after July 1, 2021 for the 10-year period that ends June 30,
				2031, expires at 12:00 a.m. in this state on July 1, 2031, unless it is
				surrendered or revoked before that time. When the number of video lottery
				terminals a permittee is allowed to own or lease increases or decreases, the
				commission shall issue an amended permit which shall expire at 12:00 a.m. in
				this state on July 1, 2031.
36.3. A
				person licensed as a limited video lottery retail shall continuously meet the
				qualifications for issuance of that license. If the limited video lottery
				license is surrendered or revoked by the commission, the licensee's permit to
				own or lease video lottery terminals shall also be surrendered or
				revoked.
36.4. A licensee's permit
				expires at 12:00 a.m. on the 31st day if the
				person's license as a limited video lottery retailer expires and the license is
				not renewed within 30 days after the expiration date. The person shall then
				obtain all video lottery terminals on the premises for which the license is
				issued from a licensed operator or as a result of a successful bid under W.Va.
				Code §
									29-22B-1107 if
				the person subsequently reapplies for a limited video lottery retailer's
				license and the license is issued.
36.5. A permit to own or lease video lottery
				terminals is a revocable privilege granted pursuant to the provision of the Act
				and this rule. Issuance of a permit or a license under the Act does not create
				(A) any property interest in the permit or the license, (B) any right to
				transfer or encumber the permit or license, (C) any vested right in the permit
				or license, or (D) the accrual of any value to the privilege of participating
				in any limited video lottery activity.
36.6. An application for a limited video
				lottery retailer's license may not include more than one physical location. A
				separate application shall be submitted for each location at which the
				applicant wants to offer video lottery terminals if a person owns or operates
				two or more physical locations licensed by the ABCA.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-06 - Notice And Conduct Of Meetings › Section 179-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes requirements for notice of meetings and general
				rules for conduct of said meetings.
1.2. Authority. -- W. Va. Code §§
									6-9A-3
				and
				29-22-5.
1.3. Filing Date. -- June 17, 2004.
1.4. Effective Date. -- July 18,
				2004.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-06 - Notice And Conduct Of Meetings › Section 179-6-2 - Preface

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Legislature has provided in W. Va. Code §
									6-9A-1
				that all regular and special meetings of governing bodies shall be open to the
				people of the State and that the people shall be given reasonable advance
				notice of the time, date and location of such meetings being convened:
				Provided, however, that governing bodies may hold executive sessions as part of
				duly convened regular, special or emergency meetings under certain
				circumstances as permitted by law.
2.2. The Legislature has provided in W. Va.
				Code §
									6-9A-3
				that each governing body shall promulgate rules by which the time, place and
				agenda of all regularly scheduled meetings and the time, place and purpose of
				all special meetings are made available, in advance, to the public and news
				media, except in the event of an emergency requiring immediate official
				attention;
2.3. W. Va. Code §
									29-22-4(c)
				provides that the state lottery commission shall hold at least one meeting each
				month, and additional meetings may be called by the chairman, the Lottery
				director or a majority of the commission members.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-06 - Notice And Conduct Of Meetings › Section 179-6-3 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				State Lottery Commission shall meet at its headquarters building located at 312
				MacCorkle Avenue in the City of Charleston, or at such other locations as the
				commission may from time to time deem necessary.
3.2. Regular and Special Meetings -- Notice
				of regularly scheduled meetings and special meetings shall be provided through
				the State Register, administered by the West Virginia Secretary of State's
				office, and also shall be posted on the Commission's website at
				http://www/wvlottery.com [File Link Not Available]. Meeting notices shall be
				published in the state register at least five days prior to the date of the
				meeting. Each notice shall contain the time, date, and location of the meeting.
				The agenda of the meeting shall be posted on the commission's website and made
				available in the commission's Charleston headquarters at least three days prior
				to the date of the meeting. This advance period excludes the day of the
				meeting, along with Saturdays, Sundays and legal holidays.
3.3. Emergency Meetings -- The notice of any
				emergency meeting shall be published in the State Register, at any time prior
				to the meeting, and on the Commission's website, and shall include the date,
				time, place and purpose of the meeting. Any notice of an emergency meeting
				shall state the facts and circumstances of the emergency.
3.4. The minutes of the commission's meetings
				shall be open to the inspection of any member of the public at the Charleston
				office, as provided by W. Va. Code §
									6-9A-5.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-06 - Notice And Conduct Of Meetings › Section 179-6-4 - Conduct of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				meetings must be open to the public, although the commission may, either on its
				own initiative or upon the request of an interested party, hold an executive
				session during a meeting after its presiding officer has identified the
				authorization under W. Va. Code §
									6-9A-4 for the holding
				of such executive session and has presented it to the governing body and to the
				general public, as required by W. Va. Code §
									6-9A-4. An executive
				session will only be held upon a majority affirmative vote of the commission
				members present or attending by teleconference.
4.2. Persons desiring to address the
				commission are encouraged to make arrangements in advance with the commission.
				However, advance arrangements are not necessary as such person may sign in
				prior to the scheduled commencement of any regular or special meeting. Any
				speaker shall provide his/her name, mailing address, telephone number and the
				subject to be addressed. Presentations shall be limited to five minutes, unless
				otherwise designated by the commission. Delegations are encouraged to use a
				spokesperson to present their concerns or proposals.
4.3. The chairman may have a person removed
				from the meeting room if the person, in the opinion of the chair, is disrupting
				the meeting to such an extent as to compromise the orderly conduct of the
				meeting. A motion to review the decision of the chair to have a person removed
				from the meeting shall have precedence over all other business, and a simple
				majority of members present and voting shall be necessary to overrule the
				initial decision of the chair.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-06 - Notice And Conduct Of Meetings › Section 179-6-5 - Meeting by Conference Call

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Occasions may arise when one or more commission members are not available to
				attend a meeting in person. On such occasions, members may attend and
				participate in the meeting by telephone or video teleconference to the same
				extent as if physically present. A speakerphone or other audio/video device
				shall be used at the meeting site to enable those present, including the
				public, to hear/see the members who are attending and participating by
				telephone or video teleconference.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-07 - Lottery Interpretive Rule › Section 179-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. - The purpose of this interpretive rule is to disclose how the State
				Lottery Commission will interpret, clarify and explain provisions of either the
				Racetrack Video Lottery Act codified in W.Va. Code §
									29-22A-1
				et seq., or the Limited Video Lottery Act codified in W.Va. Code §
									29-22B-101
				et seq., or in both acts.
1.2.
				Authority. - W. Va. Code - §
									29A-3-4
1.3. Filing Date. - October 4, 2017
1.4. Effective Date. - November 4,
				2017
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-07 - Lottery Interpretive Rule › Section 179-7-2 - Interpretation of terms and words found in the Limited Video Lottery Act

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Fraternal
				society," as the term is found in W.Va. Code §
									29-22B-1101(c),
				means a retail licensee that is either a fraternal beneficiary society that is
				exempt from federal income tax under section 501(c)(8) of the Internal Revenue
				Code of 1986, as amended, or a domestic fraternal society that is exempt from
				federal income tax under section 501(c) (10) of the Internal Revenue Code, and
				was an existing chapter or local unit of a national tax exempt fraternal
				benefit society or a domestic fraternal society organized under the lodge
				system on the first day of January two thousand one.
2.2. "Licensed limited video lottery location
				approved by the commission," as the term is found in W.Va. Code §
									29-22B-1201(a),
				means the location in excess of the following straight-line distances from any
				of the following places:
2.2.a. The location
				is at least one hundred fifty feet from, or has an external structural
				connection not amounting to a common internal wall to, a premises that already
				has a retail license for video lottery terminals, a business that sells
				petroleum products capable of being used as fuel in an internal combustion
				engine1, or the perimeter of a public
				park2;
2.2.b. The location is at least three hundred
				feet from a church, school, or daycare center; or
2.2.c. The location is an Authorized West
				Virginia Truck Stop pursuant to W.Va. Code of State Rules §
				179-5-2.12.a.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-07 - Lottery Interpretive Rule › Section 179-7-3 - Interpretation of terms and words found in the Racetrack Video Lottery Act

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As used in
				W.Va. Code §
									29-22A-8(1),
				the word "voids" in the sentence that says,
The sale of more than five
				percent of a license or permit holder's voting stock, or more than five percent
				of the voting stock of a corporation which controls the license or permit
				holder or the sale of a license or permit holder's assets, other than those
				bought and sold in the ordinary course of business, or any interest therein, to
				any person not already determined to have met the qualifications of section
				seven of this article voids the license unless the sale has been approved in
				advance by the commission
, means that the license is void after due
				process has been afforded to the licensee or permit holder and a final order
				has been entered. In that same sentence, the word "person" does not include
				acquisition of common stock of a licensee or permit holder by a state or
				federally licensed banking institution, nor does it include acquisition of
				licensee or permit holder's stock by an institutional investor such as a
				pension fund or a mutual fund registered with the United States Securities and
				Exchange Commission, as well as a registered investment company, a registered
				investment advisor, a collective trust fund or a qualified insurance company as
				those entities are defined in the Investment Company Act of 1940 and the
				Investment Advisors Act of 1940, that is holding the stock only as an
				investment and not for purposes of control of the licensee or permit
				holder.
3.2. W.Va. Code §
									29-22A-6(c)(3)
				now reads in part as follows:
(c)
Each
				video lottery terminal shall meet the following maximum and minimum theoretical
				percentage payout during the expected lifetime of said terminal: ...
(3)
Each terminal shall
				have a probability greater than one in seventeen million of obtaining the
				maximum payout for each play.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-07 - Lottery Interpretive Rule › Section 179-7-4 - Interpretation of the application of procedures found in 179 CSR 3 pertaining to lottery licensees and the Americans with Disabilities Act

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 In definition
				section 179 CSR 3; §2.2, the word "Act" means the State Lottery Act, West
				Virginia code §§
									29-22-1.
				It is the interpretation of the State Lottery Commission that the rule should
				apply to all licensees of the Commission. This is also to include licensees
				under the Racetrack Video Lottery Act, West Virginia Code §
									29-22A-1
				et seq.; the Limited Video Lottery Act, W.Va. Code §
									29-22B-101
				et seq.; the Racetrack Table Games Act, W.Va. §
									29-22C-1
				et seq.; and the Limited Gaming Facility Act, W.Va. Code §
									29-25-1
				et seq. Under this interpretation, the procedures of 179 CSR 3 applies to any
				finding by a building official or the West Virginia Human Rights Commission
				that a licensed lottery location is not in compliance with the ADA.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Section 179-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to license and regulate up to four pari-mutuel
				racetracks licensed by the State Lottery Commission, license gaming suppliers
				and facility employees and management services providers, and define and
				regulate the operation of table games at licensed racetracks.
1.2. Authority -- W. Va. Code §
									29-22C-4(b)(5).
1.3. Filing Date -- April 14, 2008.
1.4. Effective Date -- July 1,
				2008.
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 1 - DEFINITIONS › Section 179-8-2 - 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 West Virginia Lottery
				  Racetrack Table Games Act, West Virginia Code § 29-22C-1 et seq.
2.2. "Adjusted gross receipts" means the
				  dollar amount that is won by the casino licensee through play at live table
				  games, which is the total of United States 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. "Attributed interest"
				  means any direct or indirect interest in a business entity determined by the
				  Commission to be held by an individual through holdings of the individual's
				  immediate family or other persons and not through the individual's actual
				  holdings.
2.4. "Cage" and "cage
				  area" means a secure work area within the casino for cashiers and a storage
				  area for the casino's working fund of cash and gaming chips; it also serves as
				  a depository control for gaming credit instruments.
2.5. "Cash" means United States currency and
				  coin that may be exchanged for its equivalent United States currency and coin
				  value.
2.6. "Cash equivalent" means
				  an asset that is readily convertible to cash. All instruments that constitute a
				  cash equivalent shall be made payable to the casino licensee, bearer, or cash.
				  If an instrument is made payable to a third party, the instrument shall not be
				  considered a cash equivalent. Cash equivalent instruments include, but are not
				  limited to, any of the following:
2.6.a.
				  Travelers checks;
2.6.b. Certified
				  checks, cashier's checks, and money orders;
2.6.c. Personal checks or drafts;
2.6.d. Credit extended by the casino
				  licensee, a recognized credit card company, or banking institution;
				  and
2.6.e. Any other instrument
				  that the Commission considers a cash equivalent.
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 179-8-3 - 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 gaming; or
3.1.b. Heightened public confidence in the
				  regulation or regulatory processes relating to casino gaming.
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 179-8-4 - Related Party Contracts or Transactions

Current through Register Vol. XLI, No. 28, July 12, 2024
A related party transaction shall be in compliance with the
					 internal control procedures submitted under section 3.16 of this rule or
					 otherwise set 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 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-5 - Duty of Reasonable Care

Current through Register Vol. XLI, No. 28, July 12, 2024
A casino licensee, 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-6 - 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-7 - 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, purchase order or transaction relating to
				  table games operations that the Commission determines does not comply with the
				  Act and this rule. A contract relating to table games that is entered into by a
				  casino licensee shall contain a provision permitting the casino licensee to
				  terminate the contract if the Commission determines that the contract does not
				  comply with the Act or this rule.
7.2. A casino licensee 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 179-08 - Racetrack Table Games Rule › Part 2 - ADMINISTRATIVE PROVISIONS › Section 179-8-8 - Confidential Records; Limited Release

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 gaming regulating agencies and law enforcement
					 agencies.