In addition to the general duties imposed on all licensees in section 22B-701 and the additional duties imposed on all limited video lottery retailers in section 22B-702, a limited video lottery retailer who is a permittee 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 he or she is authorized to operate in this state as stated in the permit issued under part 11 of this article; (3) Pay for the installation and operation of commission approved telephone lines to provide direct dial-up or on-line communication between each video lottery terminal and the commission's central control computer; (4) Purchase or lease and install computer controller units and other associated equipment required by the commission for video lottery terminals owned or leased by the permittee; (5) Ensure that telephone lines from the commission's central control computer to the video lottery terminals located at the approved location are at all times connected, and prevent any person from tampering or interfering with the operation of the telephone lines; (6) Assume financial responsibility for proper and timely payments of all credits awarded to players in accordance with legislative rules promulgated by the commission; (7) Enter into contracts with a licensed operator, licensed manufacturer or other businesses to provide for the maintenance and repair of video lottery terminals and associated equipment only by individuals who are licensed service technicians or employ one or more licensed service technicians, and to provide for the placement of video lottery terminals pursuant to the provisions of this article; (8) Promptly notify the commission in writing of any breaks or tears to any logic unit seals; (9) Assume liability for all amounts due to the commission in connection with any money lost or stolen from any video lottery terminal; and. 29-22B-907. (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 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. 29-22B-1102. That follows. According to betting information released by the WV Lottery Commission, lottery revenue was down 67% compared to their monthly projections. For each subsequent violation, the fine imposed by the commission shall increase by $100. (a) A person who holds a permit or license to operate video lottery terminals shall place the video lottery terminals authorized by the license or permit in operation within six months after receiving the license or permit in which the terminals are first authorized. If no owner or possessors, lienholders or holders of a security interest be found, then such service may be made by Class II legal publication in accordance with the provisions of article 59-3-1, et seq., of this code, and the publication area shall be the county wherein such property was located at the time of seizure and the county wherein the petition for forfeiture is filed. (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. (f) The manufacturers shall issue a training certificate to each person upon successful completion of a video lottery training program. (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. So long as the aggregate average gross terminal income per day for the operating video lottery terminals does not exceed $60, the commissions share of gross profits shall continue to be 30 percent for the succeeding quarter of the year beginning July 1. (1) Promptly report to the commission any facts or circumstances related to video lottery operations that constitute a violation of state or federal law; (2) Conduct all video lottery activities and functions in a manner that does not pose a threat to the public health, safety or welfare of the citizens of this state, and which does not adversely affect the security or integrity of the lottery; (3) Hold the commission and this state harmless from and defend and pay for the defense of any and all claims that may be asserted against a license holder, this state or the commission and its employees arising from the license holder's participation in the video lottery system authorized by this article; (4) Assist the commission in maximizing video lottery revenues; (5) Maintain all records required by the commission; (6) Upon request by the commission or any designated agent of the commission, provide the commission access to all records and the physical premises of the business or businesses where the license holder's video lottery activities occur, for the purpose of monitoring or inspecting the license holder's activities and the video lottery games, video lottery terminals and associated equipment; (7) Keep current in all payments and obligations to the commission; and. (c) The licensed operator is solely responsible for paying the negotiated share of net terminal income, to each limited video lottery retailer to whom it has supplied video lottery terminals under the provisions of this article. 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. Commission removes 4 players from exclusion list. Powers and duties of the director. 29-22B-1301. ARTICLE 19. In addition to the general duties imposed on all licensees in section 22B-701 of this article, a service technician shall: (1) Maintain all skills necessary for the timely repair and service of licensed video lottery terminals and associated equipment so as to ensure the continued, approved operation of those terminals; (2) Attend all commission mandated meetings, seminars and training sessions concerning the repair and maintenance of licensed video lottery terminals and associated equipment; (3) Promptly notify the commission in writing of any electronic or mechanical video lottery terminal malfunctions; and. Order Today (681) 265-9368! (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. Share: Pepperoni Grill. Review of continuing eligibility for license. (g) If the meter readings and the commission's records cannot be reconciled, final disposition of the matter shall be determined by the commission. Applicability of definitions. GENERAL PROVISIONS. ARTICLE 22D. 29-22B-1108. ARTICLE 1C. (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. 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. The interest shall begin to accrue on the date payment is due to the commission and shall continue to accrue until the amount due, including applicable interest, is paid. It could say, Michaels Place, a limited video lottery location, Haid said. (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. (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. Criminal penalty for violation of rules of play. 29-22B-1602. (a) Nothing in this article shall be construed in any way to modify, amend, or otherwise affect the validity of any provisions regulating charitable bingo and raffles as set forth in articles 47-20-1, et seq., and 47-21-1, et seq., of this code. Enter your email to receive the latest news, AV. When property is seized under this article, the appropriate person may: (2) Remove the property to a place designated by him or her; (3) Require the appropriate law-enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or. The notice shall specify that any claim must clearly state the identity of the claimant and an address where legal process can be served upon that person. The testing, examination and analysis of any video lottery terminal model may require dismantling of the terminal, and some tests may result in damage or destruction to one or more electronic components of the terminal model. SUPERVISION OF FIRE PROTECTION WORK. General authority of state Lottery Commission and director; conflicts. Preference for current permit holders. (a) A licensee who places a video lottery game on a video lottery terminal that is allowed under this article without authority of the commission to do so is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail for a term of 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 $25,000. (c) If the bid bond is furnished in cash or negotiable securities, the principal shall be deposited without restriction in the State Treasurer's office and credited to the commission, but any income shall inure to the benefit of the bidder. Persons having control of an applicant for a limited video lottery license. No limited video lottery retailer license for premises within 150 feet of another licensed premises; no two license retailer locations within a common structure. State Lottery Director John Myers said there was confusion for people not knowing what the establishments really were. 29-22B-705. 29-22B-505. 29-22B-1708. (a) The commission shall determine the forms of application to be used. (c) A video lottery terminal shall not allow more than $5 to be wagered on a single game. (a) The commission may not issue any license until after the background investigations are concluded. 29-22B-707. BUREAU OF NEGRO WELFARE AND STATISTICS. The commission may exclude any evidence which is irrelevant, unduly repetitious, or lacking in substantial probative effect. (c) The service of a petition for hearing upon the commission shall not operate to suspend the execution of any suspension or revocation of a video lottery license or any other order of the commission with respect to which a hearing is being demanded. 29-22B-1901. Coincidentally, the Government Organization Committee held a public hearing about smoking. 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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