(b) In all hearings held under this article, oral and documentary evidence may be required through the use of subpoenas and subpoenas duces tecum. (k) The failure to deliver or the nonreceipt of the bid forms at the designated office location prior to the appointed date and hour are grounds for rejection of the bid. Additional duties of operators. (a) The Lottery Commission may not authorize the placement of more than nine thousand video lottery terminals in restricted access adult-only facilities in this state. (c) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the Lottery Commission shall permit the applicant to apply for initial licensure if: (1) A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later; (2) The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and. 29-22B-907. Permittees shall provide the commission with a master key for access into the main cabinet door of each video lottery terminal placed in operation. FIRE PREVENTION AND CONTROL ACT. Video Lottery | West Virginia Lottery : West Virginia Lottery AUTHORITY OF LOCAL FIRE DEPARTMENTS. In the event of a public sale of such property pursuant to subsection (a) of this section, the court shall equitably distribute any proceeds remaining after distribution pursuant to subsection (c) and subdivision (1), subsection (d) of this section, among such law-enforcement agencies for deposit into their individual special law-enforcement investigative fund. A video lottery terminal in a restricted access adult-only facility may not be relocated within the facility without the prior written approval of the commission; (8) Monitor video lottery terminals to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; (9) Maintain at all times sufficient change and cash in the denominations accepted by the video lottery terminals; (10) Provide no access by a player to an automated teller machine (ATM) in the restricted access adult-only facility where video lottery games are played, accept no credit card or debit card from a player for the exchange or purchase of video lottery game credits or for an advance of coins or currency to be utilized by a player to play video lottery games, and extend no credit, in any manner, to a player so as to enable the player to play a video lottery game; (11) Pay for all credits won upon presentment of a valid winning video lottery ticket; (12) Report promptly in writing to the operator and the commission all video lottery terminal malfunctions and notify the commission in writing of the failure of an operator or service technician to provide prompt service and repair of the terminals and associated equipment; (13) Conduct any video lottery advertising or promotional activities only in accordance with legislative rules promulgated pursuant to 29A-3-1 et seq. (c) The licensed operators and limited video lottery retailers shall receive the balance of gross terminal income remaining after deduction of the states share as calculated pursuant to this section. (3) No stickers or other removable devices shall be placed on the video lottery terminal screen or face without the prior written approval of the commission. Each video lottery terminal may also contain bill acceptors. Distribution of state"s share of gross terminal income. (4) Comply with all applicable provisions of this article and rules and orders of the commission. 29-22B-309. Criminal penalty for violation of rules of play. If, within the time determined by the commissioner, the current permit holder pays the amount to the commission and complies with all other requirements imposed by the provisions of this article for the issuance of the permit, the permit for the ten-year period beginning July 1, 2011, or for any ten-year period thereafter, shall be issued to the current permit holder. "Person" means any natural person, and any corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature, other than a government agency or instrumentality. (b) No video lottery terminal may have any mechanism that would allow the electronic accounting meters to clear automatically. Call:681-265-9368 ( View post) Feb 18. Legislative finding; state ownership of video lottery through outright ownership or possession of a proprietary interest in computer hardware and software. Theyre (the machines) in the pipeline. (b) A background investigation must include, but not be limited to, (1) accessing the national criminal history background check system as defined in section 22B-319 and (2) reviewing any other readily accessible state or federal criminal history records that may be pertinent to the background investigation. Commission approval shall be obtained prior to applying for testing of the high payout terminals; and. (a) Each video lottery terminal shall at all times maintain electronic accounting regardless of whether the terminal is being supplied with electrical power. 29-22B-802. The Lottery Commission may charge a fee to recoup its costs for each petition. (a) When seeking bids for the ten-year period beginning July 1, 2011, and ending June 30, 2021, and for each subsequent ten-year period, the commission shall, in determining the amount a current holder of a permit issued under section 1106 of this article shall pay for authorization to place additional video lottery terminals in this state, afford the bidder an additional preference, if the bidder submitted at least the minimum bid amount prescribed by the commission, the amount of which shall be determined as provided in subsection (b) of this section. COAL HERITAGE HIGHWAY AUTHORITY. Criminal penalty for unauthorized video lottery terminal. WV Educational Broadcasting Authority, the WVPB Foundation, and the Friends of WVPB. The Lottery Fund is down about $2.7 million year-to-date, Patrick said. (d) A video lottery retailer's license is required for all persons conducting limited video lottery on their premises. So the customers have become accustomed to being able to use their phones for about everything anymore. A copy of the decision shall be served upon each party to the hearing and their attorney of record, if any, in person or by registered or certified mail. (b) All video lottery terminals in approved locations shall be physically located as follows: (1) The video lottery terminals shall be continuously monitored through the use of a closed circuit television system capable of identifying players and terminal faces and of recording activity for a continuous 24 hour period. Testimony may be recorded electronically or by a court reporter. (c) For shipping a video lottery terminal into this state that is not identical to a video lottery terminal make and model approved by the commission, including the electronic computer components, the random number generator, the coin acceptor, the bill acceptor, and the cabinet in which the video lottery terminal is housed, the manufacturer shall be fined: (d) For each subsequent violation, the fine imposed by the commission shall increase by $10,000. "Associated equipment" does not include the communication equipment and facilities of a regulated public utility. No credits may be paid in tokens, chips or merchandise. 29-22B-707. (d) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the appropriate person, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. If no owner or possessors, lienholders or holders of a security interest be found, then such service may be made by Class II legal publication in accordance with the provisions of article 59-3-1, et seq., of this code, and the publication area shall be the county wherein such property was located at the time of seizure and the county wherein the petition for forfeiture is filed. The West Virginia Lottery revenue figures were not pretty in the month of May. 29-22B-1901. INTERSTATE COMPACT ON AIR POLLUTION. In addition, an applicant may also be licensed as an operator, subject to the provisions of 29-22B-503(a)(6) of this code. (c) If an application for a limited video lottery retailer's license is received after August 1, 2001, whether from an applicant who on January 1, 2001, held a private club license issued under article 60-7-1, et seq., of this code or a Class "A" nonintoxicating beer license issued under article 11-16-1, et seq., of this code, or from an applicant who is issued a private club license or a Class "A" nonintoxicating beer license after January 1, 2001, no authorization to have video lottery terminals may be reserved for that applicant under this section. Municipalities may continue to impose any other license fees they are allowed to impose under this code. (c) Upon a permittee's failure to maintain the bank account balance required in subsection (b) of this section, the commission may disable all of a permittee's video lottery terminals until full payment of all amounts due is made. (d) An individual with a criminal record who has not previously applied for licensure may petition the Lottery Commission at any time for a determination of whether the individuals criminal record will disqualify the individual from obtaining a license. (c) Manufacturers shall notify all licensed permittees who have purchased or leased that manufacturer's video lottery terminals of all scheduled training programs. Criminal penalty for unlicensed person to work in a position for which license is required. The Racetrack Video Lottery Act, West Virginia Code Section 29-22A, authorizes the operation of video lottery . 29-22B-505. Copyright 2023 West Virginia Public Broadcasting, All Rights Reserved. (c) A machine described in subsection (a) of this section is no less a video gambling machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. This petition shall include sufficient details about the individuals criminal record to enable the Lottery Commission to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. "Manufacturer" means any person holding a license issued under this article by the commission which allows the person to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which the video lottery terminal is housed, and whose product is intended for sale, lease or other assignment to a person who is issued a permit under this article allowing the person to purchase or lease video lottery terminals from a manufacturer. (5) Clearly defines a standard whereby a person's prior activities, criminal record, if any, or reputation, habits and associations are such as to pose a threat to the public interest or to the effective regulation of limited video lottery, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, thereby rendering that person ineligible for licensing. A person who knowingly violates a provision of this article or the rules of play or game rules of a video lottery game, and who profits thereby in an amount equal to $1,000 or more, is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state correctional facility not less than one nor more than ten years or, in the discretion of the court, be confined in jail for not more than one year and be fined not less than $2,000 nor more than $5,000. of this code to operate a private club; (B) a valid Class A license issued under 11-16-1 et seq. 29-22B-1711. Year-to-date, racetrack video lottery has grossed $99.8 million, down 21% from $126.23 million at the same point in the 2019-20 budget year. Continuation of current game after malfunction. (a) The commission may not issue any license until after the background investigations are concluded. Commission action on applications. They went into one of these locations thinking it was a restaurant, it was not identified as a limited video lottery, Myers said. The number of video lottery terminals that a person may own or lease or have on a limited video lottery retailer premises shall be stated in the license or permit issued by the commission as provided in this article. 29-22B-1102. (a) The Lottery Commission may issue four types of limited video lottery licenses, as follows: (3) A limited video lottery retailer's license; and. (3) Five thousand dollars for a third violation. "Indirect ownership" shall be determined under the same rules applicable to determining whether a gain or loss between related parties is recognized for federal income tax purposes. (4) Pay no compensation of any kind to any limited video lottery retailer or give or transfer anything of value to any limited video lottery retailer, that is in addition to the consideration stated in the written agreement between the operator and the limited video lottery retailer, which may be not less than 40 percent nor more than 50 percent of the amount of net terminal income received by the operator in connection with the video lottery terminals at that location; (5) Pay for the installation and operation of commission approved telephone lines to provide direct dial-up or on-line communication between each video lottery terminal and the commissions central control computer; (6) Purchase or lease and install computer controller units and other associated equipment required by the commission for video lottery terminals owned or leased by the permittee; (7) Permit no person to tamper with or interfere with the operation of any video lottery terminal; (8) Ensure that telephone lines from the commissions central control computer to the video lottery terminals located at the approved location are at all times connected, and prevent any person from tampering or interfering with the operation of the telephone lines; (9) Ensure that video lottery terminals are placed and remain placed in the specific places within the approved restricted access adult-only facility that have been approved by the commission. 29-22B-513. (H) A prayer for an order directing forfeiture of the seized property to the state, and vesting ownership of such property in the state. No Tribal Casinos; West Virginia Lottery. wv video lottery revenue by location - checkpointdocuments.com VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT. 29-22B-404. These documents may not be destroyed without the prior written consent of the Legislative Auditor. Musicians, theater folks, painters and sculptors filled the Capitol rotunda on Arts Day at the 2023 West Virginia Legislature. (a) The following license fees shall be paid annually by each licensed operator, manufacturer, service technician or limited video lottery retailer: (4) Limited video lottery retailer: $500. (d) The bond shall be returned to the bidder following the bidding if the bidder is not a successful bidder for authorization to place video lottery terminals in this state, as provided in this article. DIVISION OF CULTURE AND HISTORY. 29-22B-1108. Civil penalties applicable to service technicians. Short title. (c) Property subject to forfeiture under this section may be seized by any person granted law-enforcement powers (hereinafter referred to as the "appropriate person" in section 22B-1804). If two or more service technicians participate in violation of this section, each service technician shall be fined according to this schedule. However, year-to-date revenue of $2.26 million is up 30% from $1.74 million at the same point last year. Disposition of forfeited moneys, securities or other negotiable instruments. 29-22B-320. ARTICLE 12B. Determination of authorizations to be issued without bid and number of authorizations to be bid. Civil penalties applicable to permittees. In the Excess Lottery Fund were up for the month about $5.2 million and thats primarily due to Limited Video Lottery performing better than our projections and were up about $9.4 million year-to-date in the Excess Lottery Fund, Patrick said. That follows. (7) All real property, including any right, title and interest in any lot or tract of land, and any appurtenances or improvements, which are used, or have been used, or are intended to be used, in any manner or part, to commit, or to facilitate the commission of a violation of this article punishable by more than one year imprisonment: Provided, That no property may be forfeited under this subdivision, to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without his or her knowledge or consent. SUPERVISION OF FIRE PROTECTION WORK. (d) Authorization to have a video lottery terminal on the premises of a video lottery retailer expires on June 30, 2011, and every ten years thereafter unless during the fiscal year of the state ending June 30, 2011, and each ten years thereafter, the video lottery retailer files an application as provided in this section for the next ensuing ten-year period.
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