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For each subsequent violation, the fine imposed by the commission shall increase by $100. (a) The manufacturer shall submit two copies of terminal illustrations, schematics, block diagrams, circuit analysis, technical and operation manuals, and any other information requested by the commission for the purpose of analyzing and testing the video lottery terminal or associated equipment. All three will be skins on casino apps. 29-22B-702. 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. of this code except that an applicant may also be licensed as a service technician. The West Virginia Lottery revenue figures were not pretty in the month of May. (b) A permittee that purchases or leases a video lottery terminal shall, upon receipt of the terminal, provide the commission with the following information on forms prescribed by the commission: (1) The full name and address of the limited video lottery retailer who will receive the video lottery terminal; (2) The full name and address of the manufacturer from whom the video lottery terminal was received; (3) The serial number of each video lottery terminal received; (4) The model number and description of each video lottery terminal received; (5) The date and time of video lottery terminal arrival; and. Commission approval shall be obtained prior to applying for testing of the high payout terminals; and. ARTICLE 1C. (c) In the event of seizure pursuant to subsection (b) of this section, forfeiture proceedings shall be instituted within ninety days of the seizure thereof. ARTICLE 8. West Virginia Amusement and Video Lottery Association Executive Director Michael Haid said the signs will create a brand and be uniform and tasteful, with no neon or flashing lights. Video Lottery Sign Restrictions Eased, iLottery Coming To W.Va. (1) The rules of play for each game shall be displayed on the video lottery terminal face or screen. Reporting of testing results. of this code, was granted, was applied for, or the transfer of which was validly contracted for prior to January 1, 2001, is not subject to subsections (a) and (c) of this section: Provided, That a fraternal organization for which a private club license to dispense alcoholic liquors, under the provisions of 60-7-1 et seq. (a) A limited video lottery retailer license may not be granted for operation of video lottery terminals on a premises if, at the time of application for the license, the applicants premises are within 150 feet of, or has an external structural connection not amounting to a common internal wall to, a premises that already has a license for video lottery terminals. Maintenance of video lottery terminals. (a) A minimum of one electronic or mechanical coin acceptor or other means by which to accurately and efficiently establish credits must be installed on each video lottery terminal. A licensed service technician may be a sole proprietor, partner, or an employee of a person licensed under this article or an employee of a business not licensed under this article that services, maintains and repairs video lottery terminals owned or leased by a permittee through one or more service technicians. (18) Comply with all applicable provisions of this article and rules and orders of the commission. 29-22B-1502. The permittee is solely responsible for any wrongful award or denial of credits. The Lottery Commission shall provide the determination within 60 days of receiving the petition from the applicant. 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) Neither the director of the commission, nor any member or employee of the commission, may accept or receive, directly or indirectly, from any person known by the director, commission member or employee of the commission to be interested in any bid, contract or licensee under this article, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward, or compensation. (b) An on/off switch that controls the electrical current used in the operation of the terminal shall be located in an accessible place within the interior of the video lottery terminal. Those licenses will be in effect from July 1, 2021, to June 30, 2031. (a) A petition for a hearing shall be in writing and shall include an original and one copy. . Criminal penalty for use of device that gives player an unauthorized advantage. General authority of state Lottery Commission and director; conflicts. Each video lottery terminal must contain a single printing mechanism capable of printing an original ticket and retaining an exact legible copy within the video lottery terminal, or other means of capturing and retaining an electronic copy of the ticket data as approved by the Lottery Commission. Resident of this state defined. No county or municipality may use anticipated receipts of forfeited property in their budgetary process. (b) For each subsequent violation, the fine imposed by the commission shall increase by $1,000. (a) No limited video lottery license or license renewal may be granted unless the Lottery Commission has determined that the applicant satisfies all of the following qualifications: (1) The applicant is a person of good character, honesty, and integrity; (2) The applicant is a person whose background, criminal record, if any, reputation, habits, and associations, do not threaten to (A) compromise the public interest of the citizens of the state, (B) weaken the effective regulation and control of video gaming, (C) breach the security and integrity of the lottery, or (D) introduce corrupt, unfair, or illegal practices, methods, and activities into the operation of video gaming or the business or financial transactions incidental to the operation of video gaming; (3) The applicant has not been convicted of any violation of 29-22B-101 et seq., 19-23-1 et seq., 29-22-1 et seq., 29-22A-1 et seq., 29-25-1 et seq. 29-22B-304. State Lottery Director John Myers received the okay Wednesday to approve various lottery licenses provisionally. "Control" means the authority to direct the management and policies of an applicant or a license holder. 29-22B-1801. Myers also said Wednesday theres a delay in the production of new video lottery machines that are part of the recently awarded 10-year licenses for LVL locations. (c) The request for modification shall contain a detailed description of the type of change, the reasons for the change and technical documentation of the change. Any copy of the petition for forfeiture so served shall include a notice substantially as follows: "To any claimant to the within described property: You have the right to file an answer to this petition setting forth your title in, and right to possession of, the property within thirty days from the service hereof. (h) A person who successfully completes training is eligible for a service technician's license. 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. ARTICLE 3C. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES ACT. National criminal history background check system defined. (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. (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. The bidding process is open to current permit holders only and shall be conducted in accordance with 29-22B-1106, 29-22B-1107 and 29-22B-1109 of this article. (a) Notwithstanding any provision of this code to the contrary, persons who hold a current operator's license or a current limited video lottery retailer's license issued under this article shall be exempt from paying the taxes imposed by articles 11-15-1, et seq., and 11-15A-1, et seq., of this code on their purchases of video lottery terminals and video lottery games. In addition to the duties imposed upon the director elsewhere in this article and article 22 of this chapter, the director shall: (1) Supervise and administer the operation of licensed limited video lottery in accordance with the provisions of this article and the rules of the Lottery Commission; (2) Issue licenses to manufacturers, operators, limited video lottery retailers and service technicians, after approval by the Lottery Commission; (3) Register video lottery terminals and equipment and issue registration decals; (4) Collect and deposit license and registration fees due under this article; (5) Require the mandatory posting by limited video lottery retailers of the rules of play and the odds or house percentage on each video lottery game; (6) Attend meetings of the Lottery Commission or appoint a designee to attend in the director's place; (7) Employ and direct such personnel as may be necessary to carry out the purposes of this article, but no person shall be employed who has been convicted of a felony or gambling-related offense; (8) With the approval of the Lottery Commission, enter into agreements with any department, agency, or unit of state government to secure services which the director deems necessary and to provide for the payment for such services; (9) Employ and compensate such consultants and technical assistants as may be required and as otherwise permitted by law; (10) Confer with the Lottery Commission as necessary or desirable, with regard to the operation of the division; (11) Make available for inspection by the Lottery Commission or any member of the commission, upon request, all books, records, files, and other information and documents in the director's office; (12) Advise the Lottery Commission and recommend to the commission such rules and other procedures as the director deems necessary and advisable to improve the operation of limited video lottery; (13) With the concurrence of the Lottery Commission or pursuant to commission requirements and procedures, enter into contracts for materials, equipment, and supplies; (14) Make a continuous study and investigation of the operation and the administration of similar laws which may be in effect in other states or countries; of any literature on video gaming which from time to time may be published or available; and of any federal laws which may affect the conduct of limited video lottery in this state with a view to recommending or effecting changes that would serve the purposes of this article; (15) Publish as a public document a monthly report that contains a full and complete statement of the revenue and expenses for each month from limited video lottery operations; (16) Provide copies of the monthly revenue and expense statement to the Lottery Commission, the secretary of the Department of Tax and Revenue, the Governor, the Speaker of the House of Delegates, the President of the Senate, and the minority leaders of both houses of the Legislature; and. Limited video lottery is hereby authorized and may be operated and maintained subject to the provisions of this article . (3) Ten thousand dollars for a third violation. (2) When determining common ownership, the commission shall consider direct as well as indirect ownership. It could say, Michaels Place, a limited video lottery location, Haid said. Disable or terminal disable defined. (o) If the successful bidder fails to pay to the commission the bid price and the operators annual license fee or the limited video lottery retailers license fee for the first license year, at the time specified by the commission, the bond provided for in 29-22B-1109 of this code shall be forfeited and the bidder may not be issued the permit. The report may contain recommendations for video lottery terminal modification to bring the terminal into compliance with the provisions of this article. (b) Any person shipping video lottery terminals to a destination outside of this state shall, prior to the shipment, provide the commission with the following information on forms prescribed by the commission: (3) The full name and address of the person to whom the video lottery terminals are being sent and the destination of the video lottery terminals if different from the address; (4) The serial number of each video lottery terminal being shipped; (5) The model number and description of the video lottery terminal being shipped; (6) The video lottery terminal control number, if affixed; (7) The manufacturer of the video lottery terminal being shipped; and. (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 a term of not less than one year nor more than three years, and fined not less than $5,000 nor more than $25,000, except that, in the case of a person other than an individual, the fine may not be less than $50,000 nor more than $100,000. The Legislature hereby finds and declares that the seizure and sale of items under the provisions of this part 18 is not contemplated to be a forfeiture as the same is used in article 12, section 5 of the West Virginia Constitution and, to the extent that a seizure and sale may be found to be such a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article is not part of net proceeds as the same is contemplated by such article 12, section 5 of the West Virginia Constitution. Browse TV Schedule | Find WVPB Television. 29-22B-703. (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. 29-22B-1807. The Rush to Green Could Leave Us in the Dark. INDUSTRIAL AND PUBLICITY COMMISSION. Sponsor impactful and engaging media and entertainment, Become a member with your gift of $1,000 or more. Theyll now be allowed to return to West Virginias casinos. (e) If any video lottery terminal or any video lottery terminal modification which has not been approved by the commission is supplied by a manufacturer and operated by a licensed permittee, the video lottery terminal shall be prima facie determined to be contraband. Criminal penalties for unlawful inducement. (a) The gross terminal income from all operating video lottery terminals of a permittee shall be calculated periodically by the commission. 29-22B-1806. Each limited video lottery retailer shall conspicuously post in the restricted access adult-only facility and disseminate the telephone numbers of state approved providers of problem gambling information, treatment and referral support services and further conspicuously post the following: "CAUTION Gambling and playing this machine can be hazardous to your health, your finances, and your future.". (d) The commission shall test the software EPROMS on the logic board of each video lottery terminal prior to sealing the logic area. (4) Serial correlation test. Civil penalties applicable to manufacturers. ARTICLE 18. (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. Security; access to the interior of video lottery terminals. Display of information on terminal face or screen. Permittees shall provide the commission with a master key for access into the main cabinet door of each video lottery terminal placed in operation. (a) The following items are subject to forfeiture: (1) Any video gambling machine present in this state after January 1, 2002; (2) All property found with the video gambling machine that in any way facilitates its operation for any purpose; (3) Any video lottery terminal registered under this article that is found on the premises where a video gambling machine is found; (4) All conveyances, including aircraft, vehicles or vessels, which are used, have been used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of a video gambling machine, except as follows: (A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this section unless it appears that the person owning such conveyance is a consenting party or privy to a violation of this article; (B) No conveyance shall be forfeited under the provisions of this article if the person owning the conveyance establishes that he or she neither knew, nor had reason to know, that the conveyance was being employed or was likely to be employed in a violation of this article; and. (b) Nothing contained in this article shall be construed to modify, amend, or otherwise affect the validity of any provisions regulating racetrack video lottery as set forth in article 22A of this chapter. 29-22B-1713. General duties of all licensees. Disclosure to the State Police or other law-enforcement officials of a possible violation of this article and material facts related thereto shall not be deemed to be an unauthorized disclosure of information under section 11-10-5d of this code. (b) The preference allowed by this section shall be computed by adding five percent of the bid price submitted by the current permit holder to the amount of the bid submitted by that holder. For each subsequent violation, the fine imposed by the commission shall increase by $5,000. of this code, or a Class A nonintoxicating beer license, under the provisions of 11-16-1 et seq. WV Lottery revenue decline shows signs of slowing Berkshire Hathaway breaks ground for Jackson County project; additional manufacturer announced. (b) In all hearings held under this article, oral and documentary evidence may be required through the use of subpoenas and subpoenas duces tecum. Briefs shall be filed within ten days after the hearing date. NATIONAL COAL HERITAGE AREA AUTHORITY. (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. The director shall prepare and submit to the Lottery Commission written recommendations concerning proposed legislative rules for this purpose; (2) To propose other rules for promulgation as provided in article 29A-3-1, et seq., of this code not inconsistent with this article which the commission in its discretion believes to be necessary. An incomplete application submitted for a limited video lottery retailer's license shall be returned to the applicant for completion and refiling by August 1, 2001. The casino at The Greenbrier resort had an off-month in September after outperforming racetrack casinos from June through August. Limited Video Information - West Virginia Lottery 29-22B-401. 29-22B-1106. Senate Bill 268makes a range of changes to PEIA, out of concern that the agency faces growing financial stress. The initial 21.25 percent income tax cut now in HB 2526 is a bit more than one backed by senators a few weeks ago and a bit less than one previously supported by the governor and delegates. (e) The amendments to this section enacted in 2021 shall be effective on and after July 1, 2021. (2) Each person associated with a noncorporate applicant who directly or indirectly holds any beneficial or proprietary interest in the applicant or who the commission determines to have the ability to control the applicant. June 29, 2022 / 1 / 0 / 1 / 0 Limited Video Lottery, the neighborhood slot machine parlors, has exceeded estimates so far this budget year, Patrick said. 29-22B-1001. So itll help to identify what that business is.. No service technician's license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in section 22B-502, the applicant has passed a technical competence test administered or approved by the Lottery Commission. (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. (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. Preference for current permit holders. (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. 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 commission may exclude any evidence which is irrelevant, unduly repetitious, or lacking in substantial probative effect. State Lottery Director John Myers said there are several reasons LVLs are performing well including their location in smaller venues that produce smaller crowds. (17) Perform any other acts that the Lottery Commission finds are necessary or desirable in order to carry out the purposes of this article. (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. Gross September revenue at The Greenbrier casino of $550,000 was down 27% from $681,000 in September 2019. Lottery Distribution for December 2022 Lottery Distribution for November 2022 Applicant bears the risk of adverse publicity. (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.