(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.
(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 $10,000, except that in the case of a person other than an individual, the fine may not be less than $25,000 nor more than $50,000.
Structure West Virginia Code
Chapter 29. Miscellaneous Boards and Officers
Article 22B. Limited Video Lottery
§29-22B-102. Authorization for Limited Video Lottery; Regulation by Lottery Commission
§29-22B-201. Legislative Finding; Constitutional Authority; Limited Video Lottery Is a Lottery
§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-309. Disable or Terminal Disable 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-316. Limited Video Lottery Retailer 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-324. Permittee 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-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-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-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-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-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-1104. Reservation of Authority to Have Video Lottery Terminals on or Before August 1, 2001
§29-22B-1106. Allocation of Permits to Own or Lease Video Lottery Terminals by Sealed Bid
§29-22B-1108. Preference for Current Permit Holders
§29-22B-1109. Bid Bond Required
§29-22B-1111. Reduction of Video Lottery Terminals Authorized in a Retailer's License
§29-22B-1112. Reduction of Gambling
§29-22B-1201. Placement of Video Lottery Terminals
§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-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-1502. Contents of Petition for Hearing; Security
§29-22B-1503. Hearing Procedures
§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-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-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-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-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