Legislative finding; state ownership of video lottery through outright ownership or possession of a proprietary interest in computer hardware and software. 29-22B-601. Youve seen it in other venues, such as movie theaters, people avoid going into a crowd but feel more comfortable going into a venue where 10 people are playing.. Permits to operate video lottery terminals; expiration date; annual fee to be paid by May 1st. The Lottery Fund is down about $2.7 million year-to-date, Patrick said. The commission shall not consider any application that is incomplete in any material respect and the incomplete application shall be returned to the applicant for completion and refiling. The burden of proving qualification for any limited video lottery license or for renewal thereof is on the applicant. If the current permit holder submitted a bid that was not less than the minimum bid, the commission shall notify the bidder that upon paying the amount of the highest bid, that 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. (1) A person seeking a license or other affirmative Lottery Commission approval has no right to a license or to the granting of the approval sought. 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). (b) When a law-enforcement agency receives property pursuant to this section, the court may, upon request of the prosecuting attorney initiating the forfeiture proceeding, require the law-enforcement agency to pay unto the office of said prosecuting attorney a sum not to exceed ten percent of the value of the property received to compensate said office for actual costs and expenses incurred. "Video lottery" means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or noncash prize, or nothing, determined wholly or predominantly by chance. I dont think its going to affect our revenues because we still have the majority of those machines, 8,000 or so, still out in the field.. (c) A person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of subsection (b) of this section under circumstances constituting the crime of bribery under the provisions of section 61-5A-3 of this code, shall, upon conviction of bribery, be punished as provided in article 61-5A-1, et seq., of this code. (a) The following license fees shall be paid annually by each licensed operator, manufacturer, service technician or limited video lottery retailer: (4) Limited video lottery retailer: $500. (3) Each game shall have a probability greater than one in seventeen million of obtaining the maximum payout for each play. (3) If a notice described in subdivision (1) of this subsection (b) with respect to any penalty is mailed or delivered in person before the expiration of the three-year period for the assessment of the penalty (determined without regard to this subdivision), the three-year period provided for the assessment of a penalty shall not expire before the later of: (A) The date ninety days after the date on which such notice was mailed, or delivered in person, or. (a) The commission shall determine the forms of application to be used. (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. Examination of permittee books and records. 29-22B-316. of this code, and wants to offer video lottery terminals, as defined in this article, for the enjoyment of the licensee's customers after the effective date of this article shall file an application to be licensed as a limited video lottery retailer under this article. (d) Each video lottery terminal approved for placement at a licensed location shall conform to the exact specifications of the video lottery terminal prototype tested and approved by the commission. Security; access to the interior of video lottery terminals. 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.". 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. (h) Any accounting discrepancies that cannot be otherwise resolved shall be resolved in favor of the commission. (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. (7) The expected arrival date of the video lottery terminals at their respective destination within this state. 29-22B-509. (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. (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. Theyll now be allowed to return to West Virginias casinos. (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.". 29-22B-102. This written notification shall be delivered electronically or by telephone facsimile machine whenever possible. 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. A person who fails to perform any of the duties or obligations created and imposed upon them by the provisions of this article or legislative rule of the commission is subject to a civil penalty as may be determined by the commission in an amount not to exceed $10,000. (a) Hearings held under this article shall be subject to the provisions of article 29A-5-1, et seq., of this code except to the extent otherwise provided in this article. (c) The cash compartment shall be located in a separate locked area within or attached to the video lottery terminal. Currently,, Health & Science stories. (a) A person who employs or continues to employ an individual not issued a license under the provisions of this article 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 for a first offense be confined in a county or regional jail for 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. (2) Gross profits are determined by deducting the percentage described in subdivision (1) of this subsection, from gross terminal income. BUREAU OF NEGRO WELFARE AND STATISTICS. 29-22B-1804. "License" or "video lottery license" means authorization granted by the commission pursuant to this article to a person permitting that person to engage in the activity for which the license was issued. "Gross terminal income" means the total amount of cash inserted into video lottery terminals operated by a licensee, minus the total value of game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets. The commission also approved a license for Golden Nugget for a sports betting skin connected to the casino at The Greenbrier. The four, three of whom live in Pennsylvania and one in Maryland, have been on the list for more than six years. (e) Manufacturers shall inform licensed permittees of any new developments in the service and repair of video lottery terminals and provide appropriate subsequent training programs. (b) The Lottery Commission may require that the manufacturer transport two working models of a video lottery terminal to the location designated by the Lottery Commission for testing, examination and analysis. ARTICLE 12B. In addition to the general duties imposed on all licensees in section 22B-701 of this article, a manufacturer shall: (1) Manufacture terminals and associated equipment for placement in this state in accordance with the specifications and procedures specified in part 9 of this article; (2) Manufacture terminals and associated equipment to ensure timely delivery to licensed permittees; (3) Maintain and provide an inventory of spare parts to assure the timely repair and continuous operation of licensed video lottery terminals intended for placement in this state; (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, beyond a nominal consideration of $1 per year; (5) Provide to licensed permittees technical assistance and training in the service and repair of video lottery terminals and associated equipment so as to assure the continuous authorized operation and play of the video lottery terminals; (6) Obtain certification of compliance under the provisions of part 15 of the federal communication commission rules for all video lottery terminals placed in this state; (7) Comply with all applicable provisions of this article and rules and orders of the commission; and. (d) The commission is not responsible for any video lottery terminal malfunction that causes a credit to be wrongfully awarded or denied to players. Each applicant who is the subject of a background check is entitled to a copy of his or her background investigation report, and has the right to challenge the accuracy and completeness of any information contained in the report and to obtain a prompt determination as to the validity of the challenge before a final determination is made by the Lottery Commission that would deny issuance of a license or renewal of a license. Allocation of permits to own or lease video lottery terminals by sealed bid. Procedure for seizure of forfeitable property. 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. Early childhood development & learning resources. (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. 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. (b) The Lottery Commission shall approve all coin and bill acceptors prior to use on any video lottery terminal in this state. And that will allow the purchase of a Powerball or Mega Millions ticket from the kitchen table going forward.. 29-22B-508. On the other side of the coin, there are certain people who dont want to be in an establishment where theres gambling, so theyll know its a place that they dont want to be at, which is equally as good.. ARTICLE 18. For the purposes of this section, an applicant has not been convicted of a crime if he or she was convicted of a nonmoving motor vehicle violation or a speeding violation that does not arise in connection with a motor vehicle collision; (3) Notifies the applicant that the Lottery Commission will request a background check under section 22B-601 of this article; and. (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. 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. Limited Video Lottery, the neighborhood slot machine parlors, has exceeded estimates so far this budget year, Patrick said. INDUSTRIAL AND PUBLICITY COMMISSION. (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. (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. (7) The expected date and time of video lottery terminal installation or reinstallation. 29-22B-1706. (c) A video lottery terminal shall not allow more than $5 to be wagered on a single game. 29-22B-1601. Which game is the West Virginia Lottery's biggest seller by percentage? (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. (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. Criminal penalty for expired operator or limited video lottery retailer's license. A licensed operator and a licensed limited video lottery retailer who hold a permit issued under part 11 of this article may obtain video lottery terminals only from a licensed manufacturer. Each permittee shall report to the commission any discrepancies between the commission's statement and each terminal's mechanical and electronic meter readings. (6) The expected date and time of video lottery terminal installation. (g) If the defaulting bidder was successful only in part because the bid submitted was for authorization to place more video lottery terminals than were awarded to the bidder, the amount of the bid bond shall be prorated and the portion of the bid bond attributable to video lottery terminals not awarded to the defaulting bidder shall be returned to the bidder and the rest shall be forfeited to the state. That follows. 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. (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. (c) Each bid shall indicate the number of video lottery terminals for which the permit is sought. Video lottery terminals licensed for placement in this state must meet the hardware specifications set forth in this part 9. Should diligent efforts fail to disclose the lawful owner or owners of the seized property, a copy of the petition for forfeiture shall be served upon any person who was in possession or alleged to be in possession of the property at the time of seizure, where such person's identity is known. 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. Any such transfer, that is made in violation of the provisions of this subsection, shall have no effect upon an order of the court forfeiting seized property to the state if a notice of lis pendens is filed prior to the recording of the instrument of transfer. -- Each symbol or number shall satisfy the ninety-nine percent confidence limit using the standard chi-square statistical analysis of the difference between the expected result and the observed result; (2) Runs test. LVL play hit revenue records in June and July. No credits may be paid in tokens, chips or merchandise. (a) The Lottery Commission may issue four types of limited video lottery licenses, as follows: (3) A limited video lottery retailer's license; and. of this code,or 29-25-1 et seq. Myers also said Wednesday there's a delay in the production of new video lottery machines that are part of the recently awarded 10-year licenses for LVL locations. (b) "Video gambling machine" does not include: (2) Automatic weighing, measuring, musical, and vending machines which are designed and constructed to give a uniform and fair return in value for each coin deposited and in which there is no element of chance; or. (18) Comply with all applicable provisions of this article and rules and orders of the commission. 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-301. "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. (m) Prior to issuing a permit to a successful bidder, the bid price for the number of video lottery terminals authorized in the permit plus the amount of the operators annual license fee or the limited video lottery retailers annual license fee for the first license year, as specified in 29-22B-518 of this code shall be paid to the commission by money order, certified check or cashiers check. 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. The Lottery Commission shall determine on a continuing basis the eligibility of licensees to hold a license. (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.