West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-07 - Simulcast Pari-Mutuel Wagering At Authorized Gaming Facility In Historic Resort Hotel › Section 178-7-5 - Duties of Gaming Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A Gaming Licensee shall be responsible
				for compliance with all rules relating to associations licensed by the
				Commission as they apply to pari-mutuel wagering contained in
				178CSR5.
5.2. A Gaming Licensee
				shall file audited financial statements on or before the 30th of April of each
				year, unless otherwise authorized by the Racing Commission. These financial
				statements shall cover all income and disbursements relating directly and
				indirectly to the conducting of simulcast pari-mutuel wagering. The financial
				statements shall be prepared in accordance with generally accepted accounting
				principles and shall be accompanied by the report of an independent certified
				public accountant. If the Gaming Licensee is a corporation, it shall provide
				the Racing Commission with a copy of its annual audited, consolidated financial
				statements contained in the corporation's annual report to its shareholders
				and, if applicable, as submitted to the United States Securities and Exchange
				Commission.
5.3. A Gaming Licensee
				is obligated to ensure the amounts retained from the pari-mutuel handles are
				distributed according to the W. Va. Code and Racing Commission rules.
5.4. A Gaming Licensee shall provide proof of
				liability insurance coverage upon the request of the Racing
				Commission.
5.5. A Gaming Licensee
				shall ensure that its gaming facility is designed and maintained for the safety
				of the patrons and occupational permit holders/registrants and is accessible to
				persons with disabilities as required by state and federal law.
5.6. A Gaming Licensee shall cooperate in all
				respects with the Racing Commission, its employees and representatives in the
				performance of their regulatory duties.
5.7. A Gaming Licensee shall provide members
				of the Racing Commission, its employees, its representatives and its designated
				agents the right of full and complete entry to any and all parts of the Gaming
				Licensee's gaming facility.
5.8. A
				Gaming Licensee shall provide suitable office and parking space at its gaming
				facility for the use of the Racing Commission, its employees, its
				representatives and its designated agents for private consultation and the
				performance of any on-site work associated with the Commission's regulation of
				the Gaming Licensee.
5.9. A Gaming
				Licensee contemplating a change of any kind pertaining to its gaming facility
				shall notify the Racing Commission in writing and obtain the Racing
				Commission's permission before any changes are made.
5.10. A Gaming Licensee shall maintain
				security controls over its gaming facility.
5.11. A Gaming Licensee shall establish a
				system or method of issuing credentials or passes to restrict access to its
				restricted areas in its gaming facility.
5.12. A Gaming Licensee shall ensure that all
				persons engaged in simulcast wagering-related activities at its gaming
				facility, including its employees who are so engaged, hold occupational permits
				or are registered as required by the W. Va. Code and this rule.
5.13. A Gaming Licensee shall prevent access
				to and shall remove or cause to be removed from its restricted areas any person
				who does not have an occupational permit or registration issued by the Racing
				Commission, or who has not been issued a visitor's pass or other indentifying
				credential that authorizes him or her to have access to the restricted
				areas.
5.14. Upon the request of
				the Racing Commission, a Gaming Licensee shall make a report to the Racing
				Commission which details any and all occurrences or incidents at the gaming
				facility. The report shall include the name of all persons involved in the
				occurrences or incidents and the circumstances of the occurrences or
				incidents.
5.15. It is the
				responsibility of a Gaming Licensee to ensure that all persons under the age of
				sixteen (16) years are properly supervised by an adult when admitted to the
				gaming facility. Persons under the age of eighteen (18) years may not be
				admitted in the restricted areas of the gaming facility without the written
				permission of the Commission's Executive Director, except in case of an
				emergency.
5.16. A Gaming Licensee
				shall not permit or allow any individual under the age of eighteen (18) years
				to wager at its gaming facility, knowing or having reason to believe that the
				individual is under the age of eighteen (18) years.
5.17. A Gaming Licensee shall issue a badge
				or credential to all occupational permit holders/registrants and shall ensure
				that those persons who are issued a badge or credential visibly display the
				same at all times while on duty.
5.18. A Gaming Licensee, its employees or
				agents shall report to the Racing Commission any knowledge they have that a
				violation of the Commission's rules or the laws of this State pertaining to the
				gaming facility's operations has occurred or may occur.