(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. "Display" means the visual presentation of video lottery game features on the video display monitor or screen of a video lottery terminal. No Tribal Casinos; West Virginia Lottery. (a) After December 31, 2001, any person who has a video gambling machine in their actual or constructive possession in this state is guilty of a felony and, upon conviction thereof, shall for a first conviction be confined in a state correctional facility for a term of not less than one year nor more than three years, and fined not less than $50,000 nor more than $100,000, for each video gambling machine in the person's 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 $100,000 nor more than $500,000 for each video gambling machine in the person's actual or constructive possession in this state. ARTICLE 1I. "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. Procedure for seizure of forfeitable property. (b) Notwithstanding the provisions of subsection (a) of this section, it does not include a place of business that sells petroleum products in conjunction with the sale of other retail products which may include, but are not limited to, tobacco, alcohol or food products; nor may such place of business establish 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. ARTICLE 22D. Video gambling machines declared contraband. (b) Each permittee shall provide the commission thirty days' advance notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds. WEST VIRGINIA LOTTERY INTERACTIVE WAGERING ACT. STATE AERONAUTICS COMMISSION. This amount shall be known as net terminal income. (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. Incomplete application not to be considered. Revenue from iGaming for September was $757,000 while sports betting garnered approximately $541,000. Thereafter, this fee shall be due and payable each first day of May while the person holds the permit and the amount of the fee shall be determined by the number of video lottery terminals the person is permitted to own or lease from a licensed manufacturer. The requirements of this subsection (d), pertaining to the removal of seized property, are not mandatory in the case of real property and appurtenances thereto. 29-22B-704. Resident of this state defined. 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. The commission shall renew video lottery licenses annually on a date set by the commission, if each person seeking license renewal submits the applicable renewal fee, completes all renewal forms provided by the commission, and continues to meet all qualifications for a license. AUTHORITY OF LOCAL FIRE DEPARTMENTS. (2) The mailing of the notice described in subdivision (1) (or, in the case of notice delivered in person, the delivery) shall precede any notice and demand for payment of any penalty under subsection (a)of this section, by at least sixty days. If two or more service technicians participate in violation of this section, each service technician shall be fined according to this schedule. Local firefighter and Belington resident flown from fire scene. Revenues from iGaming continue to perform better than sports betting. Deputy Lottery Director for Finance Dean Patrick said Limited Video Lottery brought in the most revenue at $38.2 million followed by Racetrack Video Lottery ($35.2 million), traditional lottery games ($17 million), table games ($2 million), the Greenbrier ($890,000), sports betting ($203,000) and online gambling ($102,000). 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. The West Virginia Lottery had a great month in November, totaling over $101 million in gross revenue. (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. LVLs have been producing increased revenues for more than a year. "Associated equipment" means any hardware located on the premises of video lottery retailers, other than the video lottery terminals themselves, that is connected to the video lottery terminal or to the central computer for the purpose of performing communication, validation or other functions. Musicians, theater folks, painters and sculptors filled the Capitol rotunda on Arts Day at the 2023 West Virginia Legislature. Gross Gaming Revenue $668.0 Million (2021) . (4) Notifies the applicant of the applicant's rights under section 22B-604 of this article. This shall be the number of video lottery terminals for which the bid was submitted, or the remaining number of video lottery terminals to be awarded when the number of video lottery terminals remaining is less than the number of terminals for which the bid was submitted. "Lottery" means the public gaming systems or games regulated, controlled, owned and operated by the state Lottery Commission as provided in this article and in articles 29-22-1, et seq., 29-22A-1, et seq., and article 29-25-1, et seq. (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. 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. of this code, or a Class A nonintoxicating beer license, under the provisions of 11-16-1 et seq. LVL play hit revenue records in June and July. WEST VIRGINIA BOUNDARY COMMISSION. If youre coming in from out of town, you may not know what it is. ARTICLE 30. (1) A limited video lottery retailer may not redeem tickets for credits awarded on a video lottery terminal that is not located on its premises; (2) A ticket must be presented for payment no later than ten days after the date the ticket is printed. The theoretical payout percentage shall be determined using standard methods of probability theory; (2) Manufacturers shall file a request and receive written approval from the commission prior to manufacturing for placement in this state video lottery games programmed for a payout greater than ninety-two percent of the amount wagered. (c) Notwithstanding the provisions of section 8-13-4 of this code to the contrary, municipalities may not impose the license fees imposed by this article on manufacturers, operators, limited video lottery retailers and service technicians. (a) Each video lottery terminal placed in operation in this state shall have a commission registration decal permanently affixed, with a video lottery terminal registration control number placed on the video lottery terminal. Limited Video Lottery's strong performance in September helped offset an ongoing downturn at West Virginia casinos, Lottery Commissioners were advised Tuesday, when they also set minimum bid amounts and dates for the first two rounds of bids for 10-year Limited Video Lottery retail licenses. ALICIA MOREAU DE JUSTO 740, OF. (b) Notwithstanding any provision of this code to the contrary, the consideration paid by a patron of a restricted access adult-only facility to play video lottery games shall be exempt from the tax imposed by article 11-15-1, et seq., of this code. 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) The provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict herewith: Provided, That nothing herein shall invalidate any zoning law, or Sunday closing law under article 61-10-1, et seq., of this code. (b) The main logic boards and all erasable programmable read-only memory chips (EPROMS) are considered to be owned by the Lottery Commission and shall be located in a separate locked and sealed area within the video lottery terminal. (c) An operator's license is required for all persons who engage in the business of placing and operating video gaming machines on the premises of a retailer. Payments shall be applied first to interest and then to the balance of the amount due the commission. 29-22B-1604. A second round of bidding will begin March 12, 2021, and will close on May 20, 2021, with a minimum bid of $8,500 on all remaining unclaimed licenses. 29-22B-1205. The commission shall provide a logic box seal. I think theres a little surprise from the original development of the game but after we started seeing the size of the sports wagering market, the number of participants, iGaming certainly has an edge on it and I think well continue to see it outperform, maybe two to three times what we see in sports wagering.. (4) A label prominently displaying information on how to locate and contact persons or organizations available for help, assistance or treatment for persons who may have a gambling addiction, together with the telephone number "1-800-GAMBLER.". Attached to the application shall be a true copy of all contracts the applicant has entered into with persons who hold a limited video lottery retailer's license issued under this article for placement of video lottery terminals in the premises of the limited video lottery retailer for whom authorizations were reserved under section 22B-1104 of this article and a true copy of the certificate of reservation issued by the commission to that video lottery retailer. 29-22B-516. 29-22B-509. Legislative finding; Constitutional authority; limited video lottery is a lottery. Manufacturers may sell or lease only to permittees. ARTICLE 3D. Additional qualifications for an applicant for an operators license. The state has relaxed legal advertising restrictions so now, as of July 1, the state's 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. And then they get inside and find out that there are gambling machines inside the business. These personnel shall make periodic inspections of the restricted access adult-only facility in order to provide for the safe and approved operation of the video lottery terminals and the safety and well-being of the players. He said a shortage of computer . Sponsor impactful and engaging media and entertainment, Become a member with your gift of $1,000 or more. Powers and duties of the director. They went into one of these locations thinking it was a restaurant, it was not identified as a limited video lottery, Myers said. 29-22B-508. (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. In addition to the general duties imposed on all licensees in 29-22B-701 of this code, an operator shall: (1) Acquire video lottery terminals by purchase, lease, or other assignment only from licensed manufacturers; (2) Acquire no video lottery terminals in excess of the number they are authorized to operate in this state as stated in the permit issued under part 11 of this article; (3) Contract with limited video lottery retailers for a secure location for the placement, operation, and play of the video lottery terminals; (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 op, This article shall be known and may be cited as the "Limited Video Lottery Act.". of this code. (b) The Lottery Commission may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the activity requiring licensure. Conversely, year-to-date LVL revenues of $114.89 million are up 17% from $97.93 million at the same point in the 2019-20 budget year. 29-22B-904. In addition, an applicant may also be licensed as a limited video lottery retailer: Provided, That a licensed operator that also is a licensed retailer may operate limited video lottery terminals as a limited video lottery retailer at no more than 10 locations: Provided, however, That the director may authorize the operator to operate limited video lottery terminals as a limited video lottery retailer at more than 10 locations if the applicant provides sufficient justification that such approval is necessary to sustain state revenues without a detrimental impact on public interest, further shows that a qualified retailer is unavailable and a good faith effort to identify a qualified retailer was made prior to the request, and an explanation of other relevant information supporting the request. "EPROM" and "erasable programmable read-only memory chips" means the electronic storage medium on which the operation software for all games playable on a video lottery terminal resides and which can also be in the form of CD-ROM, flash RAM or other new technology medium that the commission may from time to time approve for use in video lottery terminals. The four, three of whom live in Pennsylvania and one in Maryland, have been on the list for more than six years. (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. Myers said those numbers may be surprising to some. (a) The commission shall notify applicants and licensees in writing of the denial, suspension or revocation of a license and the reasons for the denial, suspension or revocation in accordance with the provisions of section 22B-518. 29-22B-1113. 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. ARTICLE 22C. 29-22B-311. (a) Video lottery terminals allowed by this article may be placed only in licensed limited video lottery locations approved by the commission. Communication with central computer system. 29-22B-1705. (4) Serial correlation test. 29-22B-514. (a) The commission's central control computer shall keep accurate records of all income generated by each video lottery terminal. (n) All permits shall be signed by the Director of the Lottery in the name of the state. 29-22B-1407. 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. Legislative finding; state ownership of video lottery through outright ownership or possession of a proprietary interest in computer hardware and software. (C) No bona fide security interest or other valid lien in any conveyance shall be forfeited under the provisions of this article, unless the state proves by a preponderance of the evidence that the holder of such security interest or lien either knew, or had reason to know, that such conveyance was being used or was likely to be used in a violation of this article. Listen 0:56 WVPB News The Lottery Commission may not request a background check of an applicant under section 22B-601 of this article unless the applicant first provides a set of fingerprints and completes and signs a statement that: (1) Contains the name, address, and date of birth appearing on a valid identification document (as defined in section 22B-312 of this article) of the applicant; (2) Declares that the applicant has not been convicted of a crime or, if the applicant has been convicted of a crime, contains a description of the crime and the particulars of the conviction. Additional duties of limited video lottery retailers who are permittees. 29-22B-1101. The permittee is solely responsible for any wrongful award or denial of credits. Table games at racetrack casinos raked in $1.97 million, down 40% from the same month of the prior year. ARTICLE 12A. SOUTHERN STATES ENERGY COMPACT. (a) Each video lottery terminal shall at all times maintain electronic accounting regardless of whether the terminal is being supplied with electrical power. The power back-up device shall be located within the locked logic board compartment of the video lottery terminal. (h) A person who successfully completes training is eligible for a service technician's license. The video lottery terminal shall remain disabled until completion by the commission of an investigation of the seal damage. Table games year-to-date collections of $5.82 million are down 34% from $8.81 million at the same point in 2019. of this code, or a Class A nonintoxicating beer license, under the provisions of 11-16-1 et seq. 29-22B-908. 29-22B-1711. (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. (3) The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the Lottery Commission. Racetrack video lottery took in $32.84 million in September, down 19% from $40.53 million in September 2019. (a) The video lottery terminal manufacturer and licensed permittee are jointly responsible for the assembly and installation of all video lottery terminals and associated equipment. (b) A second and each subsequent offense under this section shall be a felony and, upon conviction thereof, the person shall be confined in a state correctional facility for at least one year but not more than five years, and fined not less than $1,000 nor more than $5,000, except that when the person is not an individual, the amount of the fine imposed may be not less than $5,000 nor more than $50,000. (3) Each game shall have a probability greater than one in seventeen million of obtaining the maximum payout for each play. (b) Permits shall be issued by the commission for a period of ten years, except that all permits expire on June 30, 2011, unless they are sooner surrendered, modified, suspended or revoked as provided in this article: Provided, That the annual fee imposed by this part for each video lottery terminal authorized in the permit shall be paid on or before May 1 each year. If you fail to file an answer, a final order forfeiting the property to the state will be entered, and such order is not subject to appeal.". Innovation met education on Career Technical Education Day at the West Virginia Legislature Friday. (d) Each limited video lottery retailer's periodic distribution from the appropriate operator shall be paid by check or by electronic funds transfer to the limited video lottery retailer's designated bank account. I think thats accounted for some of this, Myers told reporters Wednesday. (d) License fees collected under this section shall be deposited in the fund established in section 29-22-18a. (a) For employing or contracting with persons, other than service technicians licensed by the commission, to repair video lottery terminals, the permittee shall be fined: (b) For acquiring, or installing in licensed premises, any video lottery terminal that has not been manufactured and supplied by a licensed manufacturer, that has not also been tested and approved by the commission's independent testing laboratory, and that has not been approved for use in this state by the commission, the permittee shall be fined: (1) Five thousand dollars for a first violation; (2) Ten thousand dollars for a second violation. The West Virginia Amusement and Limited Video Lottery Association, WVALVLA, worked on the study, which found that by adding the number of slot machines more revenue could be generated for the state. ARTICLE 8. General authority of state Lottery Commission and director; conflicts. (c) For allowing a person or persons to tamper in any way with, or disconnect, any data line or feature that allows the state's central control computer to communicate with each video lottery terminal in the premises, the limited video lottery retailer may be fined: (1) One thousand dollars for a first violation; (2) Five thousand dollars for a second violation; and. In either event, the decision is final unless vacated or modified upon judicial review of the decision. (a) 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 following information on forms prescribed by the commission: (1) The full name and address of the person shipping the video lottery terminals; (2) The method of shipment and the name of the carrier; (3) The full name and address of the permittee to which the video lottery terminals are being sent and the destination of the terminals if different from the address of the permittee; (4) The number of video lottery terminals in the shipment; (5) The serial number of each video lottery terminal in the shipment; (6) The model number and description of each video lottery terminal in the shipment; and. 29-22B-907. "Video lottery terminal" means a commission-approved machine or device that is compatible with the Lottery Commission's central computer system, and that is used for the purpose of playing video lottery games authorized by the Lottery Commission by no more than one player at a time. The Legislature finds and declares that the success of this state's implementation of video lottery operations under this article requires that the operations be phased in over a manageable transition period designed to allow careful regulation and control of the implementation of operations under this article and also to allow persons possessing devices that are declared by this article to be contraband gambling devices a reasonable opportunity to remove any existing devices from this state.

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