West Virginia Code
Article 22B. Limited Video Lottery
§29-22B-1101. Limitation on Number and Location of Video Lottery Terminals

(a) The Lottery Commission may not authorize the placement of more than nine thousand video lottery terminals in restricted access adult-only facilities in this state.
(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.
(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.
(2) Notwithstanding the limitation imposed by subdivision (1) of this subsection, a fraternal society or veterans 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) of the Internal Revenue Code of 1986, as amended; or (C) a veterans organization that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code of 1986, as amended, may be authorized to have on the premises for which the license was issued not more than ten video lottery terminals.
(d) Pursuant to the increase of the number of video lottery terminals authorized in subsection (c) of this section, effective July 1, 2021, the commission shall conduct a bidding process no later than October 1, 2021, for permits for additional terminals. Any permits for which a successful bid is made shall expire June 30, 2031. 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.
(e) The amendments to this section enacted in 2021 shall be effective on and after July 1, 2021.

Structure West Virginia Code

West Virginia Code

Chapter 29. Miscellaneous Boards and Officers

Article 22B. Limited Video Lottery

§29-22B-101. Short Title

§29-22B-102. Authorization for Limited Video Lottery; Regulation by Lottery Commission

§29-22B-103. Exceptions

§29-22B-201. Legislative Finding; Constitutional Authority; Limited Video Lottery Is a Lottery

§29-22B-202. Legislative Finding; State Ownership of Video Lottery Through Outright Ownership or Possession of a Proprietary Interest in Computer Hardware and Software

§29-22B-203. Legislative Finding; License to Participate in Limited Video Lottery Is a Privilege

§29-22B-301. Applicability of Definitions

§29-22B-302. Applicant Defined

§29-22B-303. Associated Equipment Defined

§29-22B-304. Background Investigation Defined

§29-22B-305. Central Computer, Central Control Computer or Central Site System Defined

§29-22B-306. Commission or State Lottery Commission Defined

§29-22B-307. Control Defined

§29-22B-308. Director Defined

§29-22B-309. Disable or Terminal Disable Defined

§29-22B-310. Display Defined

§29-22B-311. Eprom and Erasable Programmable Read-Only Memory Chips Defined

§29-22B-312. Identification Document Defined

§29-22B-313. Indirect Ownership Defined

§29-22B-314. License Defined

§29-22B-315. Location Defined

§29-22B-316. Limited Video Lottery Retailer Defined

§29-22B-317. Lottery Defined

§29-22B-318. Manufacturer Defined

§29-22B-319. National Criminal History Background Check System Defined

§29-22B-320. Net Terminal Income and Gross Terminal Income Defined

§29-22B-321. Operator Defined

§29-22B-322. Own Defined

§29-22B-323. Permit Defined

§29-22B-324. Permittee Defined

§29-22B-325. Person Defined

§29-22B-326. Player Defined

§29-22B-327. Resident of This State Defined

§29-22B-328. Restricted Access Adult-Only Facility Defined

§29-22B-329. Service Technician Defined

§29-22B-330. Video Lottery Defined

§29-22B-331. Video Gambling Machine Defined

§29-22B-332. Video Lottery Game Defined

§29-22B-333. Video Lottery Terminal Defined

§29-22B-334. Wager Defined

§29-22B-401. General Authority of State Lottery Commission and Director; Conflicts

§29-22B-402. Powers and Duties of the State Lottery Commission

§29-22B-403. Powers and Duties of the Director

§29-22B-404. Advertising by Commission or Director

§29-22B-501. Types of Licenses Issued for Participation in Limited Video Lottery Activities

§29-22B-502. General Qualifications for All Types of Limited Video Lottery Licenses

§29-22B-503. Additional Qualifications for an Applicant for an Operator S License

§29-22B-504. Additional Qualifications for an Applicant for a Limited Video Lottery Retailer S License

§29-22B-505. Additional Qualification for an Applicant for a Service Technician's License

§29-22B-506. Additional Qualifications for an Applicant for a Manufacturer's License

§29-22B-507. Persons Having Control of an Applicant for a Limited Video Lottery License

§29-22B-508. Commission Action on Applications

§29-22B-509. Incomplete Application Not to Be Considered

§29-22B-510. Burden of Proving Qualification for License

§29-22B-511. Issuance of Order Refusing to Issue or Renew License, or Suspending or Revoking Same

§29-22B-512. Review of Continuing Eligibility for License

§29-22B-513. Application Forms and Other Documents

§29-22B-514. Failure to Reveal Material Fact; False or Misleading Material

§29-22B-515. Bonding Requirements for Operators and Limited Video Lottery Retailers Who Are Permittees

§29-22B-516. Applicant Bears the Risk of Adverse Publicity

§29-22B-517. Renewal of Licenses

§29-22B-518. Annual License Fees

§29-22B-601. Establishment of Procedures for Background Investigations

§29-22B-602. Responsibility of State Police in Conducting Background Investigations

§29-22B-603. Guidelines for Background Investigations

§29-22B-604. Applicant's Rights Regarding Background Investigations

§29-22B-701. General Duties of All Licensees

§29-22B-702. Additional Duties of Limited Video Lottery Retailers

§29-22B-703. Additional Duties of Limited Video Lottery Retailers Who Are Permittees

§29-22B-704. Duties of Limited Video Lottery Retailer Regarding Payment of Credits

§29-22B-705. Additional Duties of Manufacturers

§29-22B-706. Additional Duties of Operators

§29-22B-707. Additional Duties of Service Technicians

§29-22B-801. Manufacturer Seeking Approval of Terminal Must Be Licensed; Prohibition Against Placement of Unapproved Terminal

§29-22B-802. Testing of Video Lottery Terminals and Associated Equipment

§29-22B-803. Reporting of Testing Results

§29-22B-901. Hardware Specifications

§29-22B-902. Control of Electrical Power

§29-22B-903. Coin or Bill Acceptors

§29-22B-904. Security; Access to the Interior of Video Lottery Terminals

§29-22B-905. Printing Mechanism

§29-22B-906. Identification Plate

§29-22B-907. Display of Information on Terminal Face or Screen

§29-22B-908. Communication With Central Computer System

§29-22B-909. Random Number Generator Required

§29-22B-910. Payout Standards

§29-22B-911. Continuation of Current Game After Malfunction

§29-22B-912. Electronic Accounting Required

§29-22B-1001. Manufacturer Must Be Licensed

§29-22B-1002. Manufacturers May Sell or Lease Only to Permittees

§29-22B-1003. Terminals Must Be Approved

§29-22B-1004. Purchase or Lease by Permittees

§29-22B-1101. Limitation on Number and Location of Video Lottery Terminals

§29-22B-1102. Permits to Operate Video Lottery Terminals; Expiration Date; Annual Fee to Be Paid by May 1st

§29-22B-1103. Permit Fee

§29-22B-1104. Reservation of Authority to Have Video Lottery Terminals on or Before August 1, 2001

§29-22B-1105. Determination of Authorizations to Be Issued Without Bid and Number of Authorizations to Be Bid

§29-22B-1106. Allocation of Permits to Own or Lease Video Lottery Terminals by Sealed Bid

§29-22B-1107. Bidding Process

§29-22B-1108. Preference for Current Permit Holders

§29-22B-1109. Bid Bond Required

§29-22B-1110. Operator Permit

§29-22B-1111. Reduction of Video Lottery Terminals Authorized in a Retailer's License

§29-22B-1112. Reduction of Gambling

§29-22B-1113. Operation of Authorized Video Lottery Terminals; Forfeiture of Authorization for Failure to Operate

§29-22B-1201. Placement of Video Lottery Terminals

§29-22B-1202. No Limited Video Lottery Retailer License for Premises Within 150 Feet of Another Licensed Premises; No Two License Retailer Locations Within a Common Structure

§29-22B-1203. Registration Decals

§29-22B-1204. Installation of Approved Lottery Terminals

§29-22B-1205. Transportation From Manufacturer and Registration of Video Lottery Terminals

§29-22B-1206. Any Other Transportation of Video Lottery Terminals

§29-22B-1301. Maintenance of Video Lottery Terminals

§29-22B-1302. Maintenance Log

§29-22B-1303. Master Keys

§29-22B-1304. Repairs to Logic Board or Circuitry

§29-22B-1401. Accounting for the State's Share of Gross Terminal Income

§29-22B-1402. Resolution of Discrepancies

§29-22B-1403. Payover of State's Share of Gross Terminal Income

§29-22B-1404. Permittees to Furnish Bank Authorizations

§29-22B-1405. State's Share of Gross Terminal Income Held in Trust

§29-22B-1406. Examination of Permittee Books and Records

§29-22B-1407. Civil Penalty for Failure to Pay Over State's Share of Gross Terminal Income

§29-22B-1408. Distribution of State"s Share of Gross Terminal Income

§29-22B-1501. Appeal of Order

§29-22B-1502. Contents of Petition for Hearing; Security

§29-22B-1503. Hearing Procedures

§29-22B-1504. Judicial Review

§29-22B-1601. Imposition of Civil Penalties by the Commission

§29-22B-1602. Civil Penalties Applicable to Limited Video Lottery Retailers

§29-22B-1603. Civil Penalties Applicable to Service Technicians

§29-22B-1604. Civil Penalties Applicable to Permittees

§29-22B-1605. Civil Penalties Applicable to Manufacturers

§29-22B-1606. Civil Penalties for Failure of Licensees to Perform Duties

§29-22B-1607. Civil Action to Collect Penalty

§29-22B-1701. Financial Interest of Director, etc.; Receiving Reward From Interested Party; Criminal Penalty; Application of Bribery Statute

§29-22B-1702. Criminal Penalties for Unlawful Inducement

§29-22B-1703. Criminal Penalty for Unauthorized Game on Authorized Video Lottery Terminal

§29-22B-1704. Criminal Penalty for Unauthorized Video Lottery Terminal

§29-22B-1705. Criminal Penalty for Possession of Video Gambling Machine

§29-22B-1706. Criminal Penalty for Expired Operator or Limited Video Lottery Retailer's License

§29-22B-1707. Criminal Penalty for Possession of Altered or Nonconforming Video Lottery Terminal, Device or Related Material

§29-22B-1708. Criminal Penalty for Tampered Game, Terminal, Device or Other Equipment

§29-22B-1709. Criminal Penalty for Deceptive Practices

§29-22B-1710. Employment of Unlicensed Person Who Is Required to Be Licensed

§29-22B-1711. Criminal Penalty for Unlicensed Person to Work in a Position for Which License Is Required

§29-22B-1712. Criminal Penalty for Use of Device That Gives Player an Unauthorized Advantage

§29-22B-1713. Criminal Penalty for Violation of Rules of Play

§29-22B-1714. Criminal Penalty for Corrupt Combinations, Collusions or Conspiracies Prohibited

§29-22B-1801. Video Gambling Machines Declared Contraband

§29-22B-1802. Legislative Findings Regarding Seizure and Sale of Video Gambling Machines and Other Property

§29-22B-1803. Items Subject to Forfeiture

§29-22B-1804. Procedure for Seizure of Forfeitable Property

§29-22B-1805. Procedures for Forfeiture

§29-22B-1806. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments

§29-22B-1807. Disposition of Other Forfeited Property; Distribution of Proceeds

§29-22B-1901. Effect of This Article on Certain Taxes

§29-22B-1902. Preemption of State Laws or Local Regulation

§29-22B-1903. Timing of Implementation