Copyright 2023 West Virginia Public Broadcasting, All Rights Reserved. The claimant or claimants shall be given notice of such hearing not less than ten days prior to the date set for the hearing. West Virginia Legislature's Office of Reference & Information. Legislative findings regarding seizure and sale of video gambling machines and other property. (b) The logic area seal shall not be broken by anyone other than authorized commission personnel. Share: Pepperoni Grill. A variety of resources for professional growth. (a) A petition for a hearing shall be in writing and shall include an original and one copy. (b) For allowing persons under age twenty-one years to be present at a video lottery terminal or in the immediate area where video lottery terminals are present, the limited video lottery retailer may be fined: (1) One hundred dollars for a first violation; (2) Two hundred dollars for a second violation; and. Payover of state's share of gross terminal income. (d) License fees collected under this section shall be deposited in the fund established in section 29-22-18a. The following persons are considered to have control of an applicant: (1) Each person associated with a corporate applicant, including any corporate holding company, parent company or subsidiary 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. (d) Security personnel of the commission and investigators of the Alcohol Beverage Control Commissioner shall have unrestricted access to video lottery terminal locations. 29-22B-333. DIVISION OF CULTURE AND HISTORY. (d) As used in this section the term "received" means physically received in the office of the state lottery by 4:30 p.m. on August 1, 2001. (a) The states share of gross terminal income is calculated as follows: (1) The commission shall deposit two percent of gross terminal income into the State Lottery Fund for the commissions costs and expenses incurred in administering this article. The state has relaxed legal advertising restrictions so now, as of July 1, the states more than 1,200 limited video lottery locations can each put up a six foot square sign that identify that it is a limited video lottery location. (b) The state Lottery Commission and the director of the commission shall exercise their respective powers and perform their respective duties and functions as specified in this article. (k) No disposition shall occur until all applicable periods for filing a notice of intent to appeal has expired and no party in interest shall have filed such notice. (b) Each licensed permittee shall maintain in its bank account an amount equal to or greater than the Lottery Commission's share of the gross terminal income from its operation of video lottery machines, to be electronically transferred by the Lottery Commission on dates established by the commission. (2) The limited video lottery authorized by this article is a "lottery" as that term is commonly understood and as that term is used in the West Virginia Constitution, article 6, section 36. ; receiving reward from interested party; criminal penalty; application of bribery statute. ARTICLE 29. (3) The commission shall receive 30 percent of gross profits as defined in subdivision (2) of this subsection except as otherwise provided in this subdivision. (c) A permit to own or lease one or more video lottery terminals, as defined in this article, may only be issued to a person who is licensed as an operator or a limited video lottery retailer under this article. (h) Any accounting discrepancies that cannot be otherwise resolved shall be resolved in favor of the commission. (c) For each subsequent violation, the fine imposed by the commission shall increase by $10,000. (c) No terminal shall be transported out of this state until authorized commission personnel have removed the commission registration control number, except when the transportation of the terminal both begins and ends in this state. ARTICLE 30. Such fund shall be administered by the chief of the law-enforcement agency that seized the forfeited property sold and shall take the form of an interest-bearing account with any interest earned to be compounded to the fund. Communication equipment and devices shall be installed to enable each video lottery terminal to communicate with the Lottery Commission's central computer system. (2) For each video lottery game, there shall be a display detailing the credits awarded for the occurrence of each possible winning combination of numbers or symbols. (p) In the event of a default, as provided in subsection (h) of this section, the commission shall then issue the permit to the next highest bidder for video lottery terminals, or reject all remaining bids and start anew the bidding procedure for the remaining number of video lottery terminals. Electronic accounting meters may not be cleared without the prior approval of the commission. (d) Interest shall accrue on any unpaid balance due the commission at the rates charged for state income tax delinquency under chapter eleven of this code. (b) The bond required by this section shall be furnished in cash or negotiable securities or shall be a surety bond issued by a surety company authorized to do business with the state or an irrevocable letter of credit issued by a financial institution acceptable to the commission. (3) The forfeited property shall be offered at public auction to the highest bidder for cash. Myers said those numbers may be surprising to some. (17) Perform any other acts that the Lottery Commission finds are necessary or desirable in order to carry out the purposes of this article. Each symbol or number is random if it meets the ninety-nine percent confidence level with regard to the "runs test" for the existence of recurring patterns within a set of data; (3) Correlation test. (h) The commission may admit any relevant evidence, except that it shall observe the rules of privilege recognized by law. He said a shortage of computer . Gross Gaming Revenue $668.0 Million (2021) . Additional qualification for an applicant for a service technician's license. Officials say renewables project already attracting other development. Preference for current permit holders. (a) "Video gambling machine" means a computerized device: (1) That is not approved and registered by the commission under the provisions of this article or used, possessed or operated pursuant to and under the requirements of the provisions of articles 29-22-1, et seq., 29-22A-1, et seq., 29-25-1, et seq., 47-20-1, et seq., or 47-21-1, et seq., or any reenactment thereof; (2) That employs a monitor that has a display screen, software programs, graphics board, graphics card or any other necessary components that give the monitor graphics capabilities for displaying and manipulating pictures, words, numbers or symbols; (3) That has a storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than, through the display of pictures, words, numbers or symbols, simulating the play of such games as poker, blackjack, roulette, baccarat, keno, craps, or any other game of skill or chance of whatever name or kind; (4) That allows a person, by inserting currency, coins, tokens or other similar objects into the machine, or by otherwise making some payment of consideration, to make the machine available for the person to play; (5) That allows a person playing the machine an opportunity to win (A) cash, (B) play credits, (C) tokens, tickets, vouchers or other things that can be exchanged for cash or any other thing of value, or (D) prizes, premiums, merchandise or any other thing of value, whether by reason of the skill of the player or by the application of the element of chance, or both; and. 29-22B-802. 29-22B-1404. (b) For any second or subsequent conviction under this section the person shall be confined in a state correctional facility for a term of not less than two years nor more than five years, and fined not less than $100,000 nor more than $500,000, for each video gambling machine in their actual or constructive possession in this state, except that, in the case of a person other than an individual, the fine may not be less than $500,000 nor more than $1 million for each video gambling machine in the person's actual or constructive possession in this state. "Gross terminal income" means the total amount of cash inserted into video lottery terminals operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets. Effect of this article on certain taxes. Determination of authorizations to be issued without bid and number of authorizations to be bid. Berkshire Hathaway breaks ground for Jackson County project; additional manufacturer announced. In case of any conflict, the provisions of this article shall control. ARTICLE 8. The commission may consider an application when the applicant has completed and executed all forms and documents required by the commission and all application fees and costs have been paid. CHARLESTON, W.Va. Revenue from the West Virginia Lottery was $93.7 for August, members of the state Lottery Commission were told Wednesday during their monthly meeting in Charleston. "Video lottery" does not include a lottery game that merely utilizes an electronic computer and a video screen to operate a lottery game and communicate the results of the game and which does not utilize an interactive electronic terminal device allowing input by one or more players. "Limited video lottery retailer" means a person who holds either a valid license issued under article 60-7-1, et seq., of this code, to operate a private club, or who holds a valid Class A license issued under article 11-16-1, et seq., of this code, to operate a business where nonintoxicating beer is sold for consumption on the premises, or who holds both licenses, and the person also holds a valid limited video lottery retailer's license issued under this article. These civil penalties may be imposed in conjunction with one or more other civil penalties provided in this part 16 and in conjunction with a license suspension or revocation or other administrative action taken against a licensee, or as a result of an action or inaction by a licensee for which the commission is also seeking criminal prosecution. 29-22B-909. Criminal penalty for possession of altered or nonconforming video lottery terminal, device or related material. Contents of petition for hearing; security. (i) No person may conduct maintenance (other than clearing paper ticket jams or clearing coin and bill acceptor jams) on any video lottery terminal or associated equipment unless the commission has issued a service technician license to that person. The bond must be issued by a surety company authorized to transact business in West Virginia and the company must be approved by the Insurance Commission of this state as to solvency and responsibility. However, according to Myers, the lottery is also beginning to see a financial bounce back from the casinos with video lottery. The commission shall provide a logic box seal. (h) All bids for a permit may be rejected by the commission if the commission determines that the bids are inadequate. 312 MacCorkle Avenue, S.E. After each test has been completed, the commission shall provide the terminal manufacturer with a report containing findings, conclusions and pass/fail results. Criminal penalty for deceptive practices. The LVLs locations have also benefited from a year old state law that allows some locations to have up to 10 machines. WEST VIRGINIA STATE RAIL AUTHORITY. (1) A measurement of the distance between two premises must be taken between the front door and the front door of each location, along the street or streets: Provided, That for the purposes of determining whether a limited video lottery retailer applicant that holds a private club license meets distance requirements for prohibited locations of licensees pursuant to 11-16-8(a)(5) of this code, the applicants location is deemed compliant upon the issuance of a valid license pursuant to 60-7-1 et seq. Sponsor impactful and engaging media and entertainment, Become a member with your gift of $1,000 or more. STATE COMMISSION ON INTELLECTUAL DISABILITY. Resolution of discrepancies. (3) Ten thousand dollars for a third violation. Beginning on July 1, 2002 and the first days of October, January, April, and July in 2002 and thereafter, if the commissions calculation of aggregate average daily gross terminal income per video lottery terminal yields an amount greater than $60, one of the following schedules apply: If the amount is greater than $60 per day but not greater than $80 per day, the commissions share of gross profits for the ensuing quarter beginning the first day of the quarter of the year described in this subdivision shall be 34 percent; if the amount is greater than $80 per day but not greater than $100 per day, the commissions share of gross profits for the ensuing quarter beginning the first day of the quarter of the year described in this subdivision shall be 38 percent; if the amount is greater than $100 per day but not greater than $120 per day, the commissions share of gross profits for the ensuing quarter beginning the first day of the quarter of the year described in this subdivision shall be 42 percent; if the amount is greater than $120 per day but not greater than $140 per day, the commissions share of gross profits for the ensuing quarter beginning the first day of the quarter of the year described in this subdivision shall be 46 percent; if the amount is greater than $140 per day, the commissions share of gross profits for the ensuing quarter beginning the first day of the quarter of the year described in this subdivision shall be 50 percent: Provided, That effective July 1, 2019, the commissions share of gross profits shall be 50 percent. Authority to propose rules includes the authority to propose amendments to rules and to propose repealing rules; (3) Notwithstanding any other provision of this code to the contrary, proposed legislative rules for this article filed in the state register by August 1, 2001, may be filed as emergency rules. (b)(1) A person or a member of his or her immediate family who has an ownership interest in a business entity that submits an application for an operators license may not: (A) Submit an application for another operators license as an individual; (B) serve as an officer, director, member, or partner of a business entity that submits an application for another operators license; or (C) have an ownership interest in any other business entity that submits an application for an operators license. The video lottery terminal shall remain disabled until completion by the commission of an investigation of the seal damage. Nothing in this section prevents or impairs the State Police or local law-enforcement agencies from engaging in the activities set forth in this subdivision on their own initiative; (6) To conduct a continuous study and investigation of limited video lottery throughout the state (A) to ascertain any defects in this article or in legislative rules that may conflict with the purposes of this article, (B) to discover any abuses in the administration, control and oversight of limited video lottery or (C) to discover any violation of this article or applicable legislative rules; (7) To formulate and recommend proposed legislation amending this article or any applicable legislative rule so as to increase the efficiency and effectiveness of this article; (8) To report immediately to the Governor, the Speaker of the House of Delegates, the President of the Senate, the minority leaders of both houses, and such other state officers as the Lottery Commission deems appropriate concerning any laws which it determines may require immediate amendment to prevent abuses and violations of this article or any applicable rule or to remedy undesirable conditions in connection with the administration or the operation of limited video lottery; (9) To require such special reports from the director as it considers necessary; (10) To issue licenses to those involved in the ownership, participation, or conduct of limited video lottery; (11) To delegate to the director the authority to issue or deny licenses and renewals under criteria established by the commission; (12) Upon complaint, or upon its own motion, to levy civil penalties and to suspend or revoke licenses that the Lottery Commission has issued for failure to comply with any applicable provision of this article or rule of the commission; (13) To establish and collect fees upon persons, licenses, and gaming devices used in, or participating in, limited video lottery as provided in this article or rule of the commission; (14) To obtain all information from licensees and other persons and agencies which the Lottery Commission deems necessary or desirable in the conduct of its business; (15) To issue subpoenas for the appearance or production of persons, records, and things in connection with applications before the Lottery Commission or in connection with disciplinary or contested cases considered by the Lottery Commission; (16) To apply for injunctive or declaratory relief to enforce the provisions of this article and any rules promulgated pursuant to this article; (17) To impose and collect civil penalties as provided for under this article; (18) To inspect and examine without notice all premises wherein limited video lottery is conducted or devices or equipment used in limited video lottery are located, manufactured, sold, or distributed, and to summarily seize, remove, and impound, without notice or hearing from such premises any equipment, devices, supplies, books, or records for the purpose of examination or inspection; (19) To exercise other incidental powers as may be necessary to ensure the safe and orderly regulation of limited gaming and the secure collection of all revenues, including, but not limited to, taxes, fees, civil penalties and other moneys due the commission; (20) To establish internal control procedures for licensees, including accounting procedures, reporting procedures, and personnel policies; (21) To establish and collect fees for performing background checks on all applicants for licenses and on all persons with whom the commission may agree with or contract with for the providing of goods or services, as the commission deems appropriate; (22) To establish and collect fees for performing, or having performed, tests on equipment and devices to be used in limited video lottery; (23) To demand, at any time when business is being conducted, access to and inspection, examination, photocopying, and auditing of all papers, books, and records of applicants and licensees, on their premises or elsewhere as practicable by authorized employees or agents of the commission and in the presence of the licensee or his or her agent, pertaining to the gross income produced by any licensed gaming establishment and to require verification of income, and all other matters affecting the enforcement of the policies of the Lottery Commission or any provision of this article; and to impound or remove all papers, books, and records of applicants and licensees, without hearing, for inspection or examination; and. The commission, upon request of the petitioner, shall accept briefs in addition to or in lieu of argument. The Lottery's year-to-date numbers have been helped by an upturn in sales of traditional on-line and scratch-offs, up $2.24 million to $45.77 million, spurred by large Powerball and Mega Millions jackpots in August, and by a $2.04 million increase in Limited Video Lottery revenue, now $86.7 million. NATIONAL COAL HERITAGE AREA AUTHORITY. of this code; (13) Install, post, and display prominently within or about the approved location signs, redemption information and other material as required by the commission; (14) Maintain general liability insurance coverage for all video lottery terminals in an amount of at least $1 million per claim; (15) Promptly notify the commission in writing of any breaks or tears to any logic unit seals; (16) Assume liability for all amounts due to the commission in connection with any money lost or stolen from any video lottery terminal; (17) Comply with all applicable provisions of this article and rules and orders of the commission; and. 29-22B-1406. (4) Any evidence of rehabilitation or treatment undertaken by the individual. (a) Each permittee shall furnish to the commission all information and bank authorizations required to facilitate the timely transfer of moneys to the commission and from the commission to each permittee. (c)(1) An application filed on or before August 1, 2001 for a limited video lottery retailer's license shall state the number of video lottery terminals to be located on the premises of the applicant and state whether the applicant will own or lease the video lottery terminals or obtain them from an operator. FIRE PREVENTION AND CONTROL ACT. Terminals must be approved. (b) The number of video lottery terminals authorized in the permit shall be the sum of the number of authorizations for which the operator is the successful bidder under this section plus the number of authorizations reserved under section 22B-1104 of this article for video lottery retailers that elect to obtain video lottery terminals from the operator. ARTICLE 3A. 29-22B-301. 29-22B-604. 29-22B-1703. (c) Manufacturers shall notify all licensed permittees who have purchased or leased that manufacturer's video lottery terminals of all scheduled training programs. 29-22B-1709. They went into one of these locations thinking it was a restaurant, it was not identified as a limited video lottery, Myers said. "Central computer," "central control computer" or "central site system" means any central site computer provided to and controlled by the commission to which video lottery terminals communicate for purposes of information retrieval and terminal activation and to disable programs. Net terminal income and gross terminal income defined. Lottery revenues: Racetrack Video Lottery trails LVL in latest numbers - WV MetroNews St. Albans (0-8) 0 #1 Huntington (7-1) 0 Fri. South Charleston (1-7) 0 #2 Hurricane (7-1) 0 Fri. #7. (a) The Lottery Commission shall establish forms for an operator's permit to own or lease and operate video lottery terminals and a permit for a limited video lottery retailer that allows the holder to own or lease video lottery terminals from a licensed manufacturer. Notice of such public auction shall be published as a Class III legal advertisement in accordance with article 59-3-1, et seq., of this code. (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. ARTICLE 19. Revenue from iGaming for September was $757,000 while sports betting garnered approximately $541,000. Limited Video Lottery (LVL), available at 1,202 bars, clubs and fraternal organizations around the state, continued to keep lottery revenues on track in September, with gross revenue of $36.82 million, up 16.7% over September 2019 revenue of $31.55 million. of this code; (14) Install, post, and display prominently within or about the approved location signs, redemption information and other promotional material as required by the commission; (15) Permit video lottery to be played only during those hours established and approved by the commission: Provided, That the limited video lottery retailer shall not permit video lottery to be played beyond the hour during which liquor may be served; (16) Contract with no more than one licensed operator for the placement of video lottery terminals at the licensed location; (17) Maintain insurance covering all losses as the result of fire, theft, or vandalism to video lottery terminals and associated equipment; and.