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

(a) On or before August 1, 2001, every person who held on January 1, 2001, a private club license issued as provided in article 60-7-1 et seq. of this code, or a Class "A" nonintoxicating beer license issued as provided in article 11-16-1 et seq. 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.
(b) The applications described in subsection (a) of this section shall be in the form prescribed by the Lottery Commission, be signed by the applicant or a person authorized to sign an application filed for a person who is not an individual, and provide all of the information requested by the Lottery Commission. 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. 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.
(c)(1) An application filed on or before August 1, 2001 for a limited video lottery retailer's license shall state the number of video lottery terminals to be located on the premises of the applicant and state whether the applicant will own or lease the video lottery terminals or obtain them from an operator.
(2) The number of video lottery terminals a limited video lottery retail licensee is authorized to have on its premises shall be stated in the limited video lottery retailer's license issued to the licensee. The number of video lottery terminals a limited video lottery retailer is authorized to own or lease from a manufacturer shall be stated in the permit issued to the licensee. Once the permit is issued, the permittee may purchase or lease the number of video lottery terminals authorized in the permit. A limited video lottery retailer who elects to obtain video lottery terminals from an operator may contract with an operator for the number of video lottery terminals stated in the license.
(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.

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