29-22B-705. (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 be not less than $50,000 nor more than $100,000. FIRE PREVENTION AND CONTROL ACT. (a) The Lottery Commission, through a cooperative agreement with the State Police, shall establish procedures for conducting background investigations for the purpose of determining whether an applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a license under 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. Additional duties of operators. 29-22B-508. 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. ARTICLE 4A. (b) No person may directly or indirectly operate more than seven and one-half percent of the number of video lottery terminals authorized in this section, which may be located only in restricted access adult-only facilities. GENERAL PROVISIONS. (7) The expected date and time of video lottery terminal installation or reinstallation. Bonding requirements for operators and limited video lottery retailers who are permittees. (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. Patrick said the general lottery fund was down approximately $1.1 million for the month because Racetrack Video Lottery at the casinos hasnt hit projections for the fiscal year. (e) The commission may set a single uniform minimum bid for each video lottery terminal for which bids are sought. Increase of video lottery machines could bring in $ 22 million for WV 29-22B-1106. (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. A licensed manufacturer may not sell or lease a video lottery terminal for placement by a permittee in this state unless the terminal has been approved by the Lottery Commission as provided in this article. (b) An applicant may request a hearing to review a license denial, suspension or revocation in accordance with part 15 of this article. (a) Each person submitting a bid under section 22B-1107 of this article shall furnish to the commission a bond at the time of bidding, which shall guarantee the payment of one hundred percent of the price bid for the permit sought by the bidder. The winning numbers on file at the West Virginia Lottery are the determining record for winning tickets. 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. (B) If there is a timely protest of the proposed assessment, the date thirty days after the director makes a final administrative determination with respect to the protest. (c) Nothing in this article shall be deemed to permit the operation of any lottery otherwise prohibited by the laws of this state, not owned and operated by this state and permitted by this article. ARTICLE 2A. Video gambling machine defined. 29-22B-1408. The commission may impose the civil penalties provided for in this part 16. (4) Comply with all applicable provisions of this article and rules and orders of the commission. Criminal penalty for unauthorized game on authorized video lottery terminal. WV Educational Broadcasting Authority, the WVPB Foundation, and the Friends of WVPB. A licensed manufacturer of video lottery terminals may only sell or lease video lottery terminals for use in this state to a person who possesses at the time of delivery a valid permit to own or lease one or more video lottery terminals and a valid operator's license or a valid limited video lottery retailer's license issued by the Lottery Commission as provided in this article. Charleston, WV 25314 304-558-0500 Website. The bid must be received at the designated office location prior to the specified date and time of the bid opening. Every person, including lottery personnel, who gains entry into any internal space of a video lottery terminal shall sign the log, record the time and date of entry, record the mechanical meter readings and list the areas inspected or repaired. Copyright 2022 | West Virginia Lottery | Jim Justice, Governor | John A. Myers, Director, Limited Video Lottery Advertising 5.19 Final, Administrative Directive Specifications/Recording Methods, Addendum to Operator and Retailer Contracts to Increase VLTS. Additional duties of limited video lottery retailers who are permittees. The commission shall prepare and send to the permittee a statement by mail, facsimile or Internet e-mail reflecting the gross terminal income generated by the licensee's video lottery terminals. Bridgeport, W.Va.-. (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. This written notification shall be delivered electronically or by telephone facsimile machine whenever possible. wv video lottery revenue by location (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. The 2023 WVPB Writers Contest is underway! (d) Security personnel of the commission and investigators of the Alcohol Beverage Control Commissioner shall have unrestricted access to video lottery terminal locations. ARTICLE 1I. The Rush to Green Could Leave Us in the Dark. Monthly Revenue and Cash Flow Reports General Revenue Fund Cash Flow Report State Road Fund FY 2023 FY 2023 FY 2023 February February February January . This amount shall be known as net terminal income. All electronic storage media are considered to be the property of the State of West Virginia. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES ACT. (2) The balance shall be deposited in a special law-enforcement investigation fund. (b) Notwithstanding the provisions of subsection (a) of this section, seizure of property subject to forfeiture by the provisions of this article may be made without process if: (1) The seizure is incident to a lawful arrest or pursuant to a search under a search warrant or an inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section; or. 29-22B-907. They went into one of these locations thinking it was a restaurant, it was not identified as a limited video lottery, Myers said. (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. ARTICLE 1C. "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. (a) Any applicant or license holder adversely affected by an order issued under this article has the right to a hearing on the order before the commission or a person designated as hearing examiner, if a petition in writing requesting a hearing is served upon the commission within ten days following the receipt of the order by the applicant, or license holder. May 24, 2021 wv video lottery revenue by locationst cloud psychological services. (c) If the remittance is by mail, the permittee shall report an amount equal to the total amount of cash inserted into each video lottery terminal operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminal in exchange for winning redemption tickets, and remit the state's share of the amount generated from its terminals during the reporting period. Gross Gaming Revenue $668.0 Million (2021) . (c) A manufacturer who ceases supplying any additional video lottery terminals to permittees in this state may continue to supply repair parts and service for video lottery terminals previously provided to permittees, if an annual renewal fee of $1,000 is paid and the manufacturer is otherwise eligible for licensure under this article. If, within the time determined by the commissioner, the current permit holder pays the amount to the commission and complies with all other requirements imposed by the provisions of this article for the issuance of the permit, the permit for the ten-year period beginning July 1, 2011, or for any ten-year period thereafter, shall be issued to the current permit holder. 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. The commission shall propose a legislative rule for promulgation in accordance with the provisions of article 29A-3-1, et seq., of this code, defining the term "other act beyond the control of the operator" and providing for application of this subsection (b). 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.". Permittees to furnish bank authorizations. (a) For shipping a video lottery terminal into this state to a person who does not have a permit issued by the commission under this article, the manufacturer shall be fined: (b) For each subsequent violation, the fine imposed by the commission shall increase by $10,000. wv video lottery revenue by location - ReallyOpen ARTICLE 33. REVIEW AND CREDENTIAL ACKNOWLEDGEMENT PROCEDURES ACT. All video tapes or other recording medium approved in writing by the commission shall be retained for a period of at least 60 days and be available for viewing by an authorized representative of the commission or the commissioner of alcohol beverage control. Should you have any questions concerning the distribution amount, you should contact the Lottery Commission at 1-800-982-2274 or 304-558-0500. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT. 312 MacCorkle Avenue, S.E. 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. (2) Gross profits are determined by deducting the percentage described in subdivision (1) of this subsection, from gross terminal income. WEST VIRGINIA BOUNDARY COMMISSION. "License used in this article" means a license issued by the commission as provided in this article that has not expired or been canceled, revoked or suspended by the director or the commission. Home of Appalachia Health News. Officials say renewables project already attracting other development. of this code, or a Class A nonintoxicating beer license, under the provisions of 11-16-1 et seq. (b) The permittee shall remit payment by mail and submit the report required by subsection (c) of this section if the electronic transfer of funds is not operational or the commission notifies the permittee that remittance by this method is required. ARTICLE 24. Browse TV Schedule | Find WVPB Television. If a high bidder already holds a permit issued under this section, the bid shall be awarded to that bidder, but only to the extent the total number of video lottery terminals the operator or limited video lottery retailer is authorized to directly or indirectly own or lease does not exceed seven and one-half percent of the number of video lottery terminals authorized for the entire state specified in 29-22B-1101 of this code. Order Today (681) 265-9368! 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. (a) A person who possesses any video lottery terminal that is not a video gambling machine or possesses any other device, equipment or material which the person knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail not more than one year and fined not less than $1,000 nor 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 less than $5,000 nor more than $25,000.