(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. (5) Copies of all certificates of completion. of this code, or 29-22A-1 et seq. (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. (c) Personnel of the limited video lottery retailer shall be present during all hours of operation at each video lottery terminal location. Union representatives say Senate Bill 268 would benefit the richest and hurt the poorest. ARTICLE 1E. VOLUNTARY VETERANS MEMORIAL CHECK-OFF PROGRAM. (c) No licensed limited video lottery retailer may be authorized to have on the premises for which the license was issued more than seven video lottery terminals except that on and after July 1, 2021, the Commission, upon recommendation of the Director, may authorize one or more licensed limited video lottery retailers to have on the premises for which the limited video lottery retailers license was issued no more than ten video lottery terminals. (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. West Virginia's video lottery locations can now advertise what's inside. Those licenses will be in effect from July 1, 2021, to June 30, 2031. (b) The commission shall then determine the total number of authorizations to have video lottery terminals reserved under subsection (a) of this section and subtract that number from the total number of video lottery terminals authorized for the state in section 22B-1101 of this part. Review of continuing eligibility for license. And then they get inside and find out that there are gambling machines inside the business. Authorization for limited video lottery; regulation by Lottery Commission. (4) Serial correlation test. In addition to any other powers and duties set forth in this article or article 22 of this chapter, the Lottery Commission has the following powers and duties: (1) To propose legislative rules for promulgation by the Legislature in accordance with the provisions of article 29A-3-1, et seq., of this code, governing the licensing, conduct, and operation of limited video lottery that may be necessary to carry out the purposes of this article. (b) After a video lottery terminal is connected to the commission's central site system of monitoring lottery terminals, the terminal may not be off-line for more than five consecutive days, unless the terminal is off-line due to fire, flood, or other act beyond the control of the operator. (c) Manufacturers shall notify all licensed permittees who have purchased or leased that manufacturer's video lottery terminals of all scheduled training programs. Delegates pass bill changing insurance finances for public employees, then pass a pay raise too. 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. (h) Every prosecuting attorney or law-enforcement agency receiving forfeited property or proceeds from the sale of forfeited property pursuant to this part 18 shall submit an annual report to the body which has budgetary authority over such agency. (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. The hearing shall be held within thirty days after receipt of the petition. (a) Bids for issuance of permits shall be obtained by public notice published as a Class II-0 legal advertisement in compliance with the provisions of 59-3-1 et seq. Limitation on number and location of video lottery terminals. (a) No state or local law or regulation providing any penalty, disability, restriction, regulation or prohibition for the manufacture, transportation, storage, distribution, advertising, possession or sale of any lottery video lottery terminal, games or materials or for the operation of any lottery shall apply to operations by the Lottery Commission or persons licensed pursuant to this article or operations or activities that are authorized in this article. If the highest bid meets or exceeds the minimum bid, the commission shall determine whether, at the time of the bid, the bidder held a permit for the period ending June 30, 2011, or for any ten-year period thereafter, on June 30 preceding the expiration of the permit. (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. That helped offset an ongoing revenue downturn at the states four racetrack casinos, which continue to operate on limited hours and with restricted capacity. Contents of petition for hearing; security. (4) Notifies the applicant of the applicant's rights under section 22B-604 of this article. (d) Notwithstanding any provision of this code to the contrary, municipalities may not impose the municipal business and occupation taxes imposed pursuant to section 8-13-5 of this code or an amusement tax imposed pursuant to section 8-13-6 of this code on the income of a permittee of video lottery terminals from income derived directly from activities conducted pursuant to the provisions of this article. Additional qualification for an applicant for a service technician's license. Additional qualifications for an applicant for a limited video lottery retailers license. If the person profits thereby in an amount less than $1,000, that person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed one year or fined an amount not less than $1,000 nor more than $2,500, or both. I think thats accounted for some of this, Myers told reporters Wednesday. ARTICLE 1I. (a) An individual who is required by this article to obtain a license from the commission to work as a limited video lottery retailer or service technician but who works as a limited video lottery retailer or service technician without obtaining the requisite license, as provided for in this article, or is employed in a position with duties which would require a license under the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail not more than one year and fined not more than $10,000. Lottery Commissioners set minimum bid amounts and dates for LVL retail licenses. No credits may be paid in tokens, chips or merchandise. The fund shall be administered by the chief of the law-enforcement agency that seized the forfeited property. (a) Each video lottery terminal shall at all times maintain electronic accounting regardless of whether the terminal is being supplied with electrical power. In case of any conflict, the provisions of this article shall control. Sponsor impactful and engaging media and entertainment, Become a member with your gift of $1,000 or more. PART 1. (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. -- Each pair of symbols or numbers is random if it meets the ninety-nine percent confidence level using standard correlation analysis to determine whether each symbol or number is independently chosen without regard to another symbol or number within a single game play; and. 29-22B-319. 29-22B-1902. ARTICLE 3C. Each permittee shall report to the commission any discrepancies between the commission's statement and each terminal's mechanical and electronic meter readings. In either event, the decision is final unless vacated or modified upon judicial review of the decision. State Lottery Director John Myers said there was confusion for people not knowing what the establishments really were. Copyright 2023 West Virginia Public Broadcasting, All Rights Reserved, Arts Day At The Legislature Celebrates Longevity, Focuses On The Future. (8) Notify the commission in writing of any proposed change of ownership or control of the license holder and of all other transactions or occurrences relevant to license qualification, and receive commission approval prior to any change of ownership or control of a licensed manufacturer, operator or limited video lottery retailer. A written maintenance log shall be kept within the main cabinet access area in each video lottery terminal. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES. The number of video lottery terminals a limited video lottery retailer is authorized to own or lease from a manufacturer shall be stated in the permit issued to the licensee. "Permit" means the authorization issued by the commission allowing a person licensed as a permittee under this article to own or lease a specified number of video lottery terminals. (b) An applicant who is awarded a license or renewal of a license shall give the commission written notification of any material change in the information previously submitted in or with the application for the license or for renewal thereof, whichever is the most recent document filed with the commission, within thirty days after the material change occurs or the licensee becomes aware of the material change, whichever event occurs last. Types of licenses issued for participation in limited video lottery activities. (b) Collection shall be barred unless the civil action is commenced within six years after the later of (1) the date on which the prohibited conduct establishing the cause of action occurred, or (2) the date on which the commission first knew or should reasonably have known the prohibited conduct had occurred. Examination of permittee books and records. Each video lottery terminal shall meet the following maximum and minimum theoretical percentage payout during the expected lifetime of the terminal: (1) Video lottery games shall pay out no less than eighty percent and no more than ninety-five percent of the amount wagered. (e) If the bidder is a successful bidder, the bid bond shall be released after the permit is issued, as provided in section 1106 of this article. A battery or equivalent power back-up for the electronic meters shall be capable of maintaining accuracy of all accounting records and terminal status reports for a period of ninety days after power is disconnected from the terminal. 29-22B-1101. 29-22B-512. "Display" means the visual presentation of video lottery game features on the video display monitor or screen of a video lottery terminal. (c) The proceeds of every public sale conducted pursuant to this section shall be paid and applied as follows: First, to the balance due on any security interest preserved by the court; second, to the costs incurred in the storage, maintenance and security of the property; third, to the costs incurred in selling the property. (f) For any video lottery terminal reflecting a discrepancy, the permittee shall submit to the commission the maintenance log which includes current mechanical meter readings and the audit ticket which contains electronic meter readings generated by the terminal's software. 29-22B-1403. (a) When the applications provided for in section 22B-1104 of this part are received by the commission on or before August 1, 2001, the commission shall reserve for each applicant authorizations to have no more than two video lottery terminals on the premises for which the private club license issued under article 60-7-1 et seq., of this code, or a Class "A" nonintoxicating beer license was issued prior to January 1, 2001, except that a fraternal society or veteran's organization that is (A) 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, (B) a domestic fraternal society that is exempt from federal income tax under section 501(c)(10), or (C) a veterans' organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code may be authorized to have on the premises for which the license was issued not more than seven video lottery terminals. (j) Each manufacturer shall file with the commission the following information within two weeks after the completion of a training program: (1) The name of each person who attended and completed the training program; (2) The name of the manufacturer offering the course; (3) The manufacturer's video lottery terminal models on which training for service and repair was provided; (4) The date and location of the training program; and. (a) The gross terminal income from all operating video lottery terminals of a permittee shall be calculated periodically by the commission. ARTICLE 2. The video lottery terminal shall remain disabled until completion by the commission of an investigation of the seal damage. (a) A person who knowingly conducts, carries on, operates or exposes for play, or allows to be conducted, carried on, operated or exposed for play, any video lottery game, video lottery terminal, data line connection with the central control computer, or other device, equipment or material which has in any manner been tampered with or placed in a condition or operated in a manner the result of which tends to deceive the state Lottery Commission or tends to alter the accurate recording of credits played and credits won by the commission's central control computer, or the central control computer's ability to disable and cause not to operate any or all video lottery terminals of a licensed limited video lottery retailer, for the first offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail not more than one year and fined not more than $5,000, except that, in the case of a person other than an individual, the amount of the fine imposed may be not more than $50,000. The commission voted Wednesday to remove four former casino players in West Virginia from the statewide exclusion list. ARTICLE 12B. 29-22B-1804. Legislative finding; license to participate in limited video lottery is a privilege. If after the permit is issued, the operator enters into additional contracts with limited video lottery retailers with authorizations issued under section 22B-1104 or obtains additional authorizations through the bidding process, the operator shall apply to the commission for a supplemental permit to operate the number of video lottery terminals set forth in the application. (c) This penalty may be collected by civil action instituted within three years after the date the state's share of gross terminal income not paid over to the commission should have been paid over to the commission, except as provided in subsection (b) of this section. This written notification shall be delivered electronically or by telephone facsimile machine whenever possible. (d) The commission shall set a date for any hearing demanded and notify the person demanding the hearing not later than ten days before the hearing date of the date, time and place of the hearing. (c) In addition to the requirements of subsection (b) of this section, the prosecuting attorney or law-enforcement officer upon whose oath or affirmation the petition for forfeiture is based, shall be responsible for the publication of a further notice. Accounting for the state's share of gross terminal income. (b) The requirements of this section pertaining to the removal of seized property are not mandatory in the case of real property and the appurtenances thereto. After more than three hours of passionate debate riddled with number crunching and tales of the haves and have nots, Senate Bill 268, meant to shore up the states Public Employees Insurance Agency passed with a 69 to 27 vote and four members absent. The commission or any law-enforcement officer having jurisdiction shall seize and destroy all of the licensed permittee's and manufacturer's noncomplying video lottery terminals, as provided in part 18 of this article. wv video lottery revenue by locationcbc news nl here and now. Should the office or agency receiving the property fail either to place the property in official use or dispose of the property in accordance with law, the court of jurisdiction shall cause disposition of the property to be made with any proceeds therefrom to be awarded to the state. Any license issued or other commission approval granted pursuant to the provisions of this article is a revocable privilege; (2) The licensing, control and regulation of limited video lottery by the state does not create (A) any property right in a license issued pursuant to this article, (B) any right to transfer or encumber a license, (C) any vested right in a license, or (D) the accrual of any value to the privilege of participation in any limited video lottery activity; and.