ARTICLE 24. The complaint was, hey, I can make a sports wager, or I can play casino games on my telephone. ARTICLE 29. These civil penalties may be imposed in conjunction with one or more other civil penalties provided in this part 16 and in conjunction with a license suspension or revocation or other administrative action taken against a licensee, or as a result of an action or inaction by a licensee for which the commission is also seeking criminal prosecution. 29-22B-333. (3) The state can control and regulate a video lottery if the state (A) restricts licensure to a limited number of video lottery terminals at qualified locations, (B) extends strict and exclusive state regulation to all persons, locations, practices and associations related to the operation of licensed limited video lottery facilities, and (C) provides comprehensive law-enforcement supervision of limited video lottery activities. In the event of a public sale of such property pursuant to subsection (a) of this section, the court shall equitably distribute any proceeds remaining after distribution pursuant to subsection (c) and subdivision (1), subsection (d) of this section, among such law-enforcement agencies for deposit into their individual special law-enforcement investigative fund. 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. Disposition of forfeited moneys, securities or other negotiable instruments. I think thats accounted for some of this, Myers told reporters Wednesday. CERTIFICATION OF ELECTRICAL INSPECTORS. (a) Any person who transports a video lottery terminal from one location to another in this state, other than for repair or servicing purposes, shall notify the commission in writing prior to the transportation of the terminal and provide the following information on forms required by the commission: (1) The full name and address of the person or entity transporting the video lottery terminal; (2) The reason for transporting the video lottery terminal; (3) The full name and address of the person or entity to whom the terminal is being sent and the destination of the video lottery terminal if it is different from the address; (4) The serial and model number of the video lottery terminal; (5) The video lottery terminal license number, if affixed; (6) The manufacturer of the video lottery terminal; and. The winning numbers on file at the West Virginia Lottery are the determining record for winning tickets. Background investigation defined. Civil penalties applicable to limited video lottery retailers. Authorization for limited video lottery; regulation by Lottery Commission. This fee shall initially be paid at the time the permit is issued for the number of video lottery terminals a person is authorized to own or lease without going through the bid process. (h) The commission may admit any relevant evidence, except that it shall observe the rules of privilege recognized by law. "Player" means a person who plays a video lottery game on a video lottery terminal at a restricted access adult-only facility. Effect of this article on certain taxes. Review of continuing eligibility for license. Only Mountaineer Racetrack and Casino in Chester had paid the fee as of Wednesday. Each applicant bears all risks of adverse public notice, embarrassment, criticism, damages or financial loss which may result from any disclosure or publication of any material or information obtained by the Lottery Commission pursuant to action on an application. Distribution of state"s share of gross terminal income. 29-22B-1404. The subpoenas or subpoenas duces tecum may be issued by either the commission or its duly appointed hearing examiner, and the following provisions shall govern and control: (1) Every subpoena or subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by any person eighteen years of age or older, or by registered or certified mail, but a return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is directed is required to prove service by registered or certified mail; (2) All subpoenas and subpoenas duces tecum shall be issued in the name of the commission. (a) A person who knowingly conducts, carries on, operates or exposes for play, or allows to be conducted, carried on, operated or exposed for play, any video lottery game, video lottery terminal or other device, equipment or material which has in any manner been tampered with or placed in a condition or operated in a manner the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the video lottery game which could determine or alter the result of the game is guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined in a county or regional jail not more than one year and fined not less than $1,000 nor 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 less than $25,000 nor more than $50,000. (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. (g) The certificate shall include the name of the person who completed the training program and the date and the location of the training program. (4) The applicant has disclosed to the Lottery Commission the identity of each person who has control of the applicant, as control is described in 29-22B-507 of this code, and those persons satisfy all qualifications required by this section and any applicable qualifications required by 29-22B-503 through 29-22B-506 of this code; (5) The applicant has provided a set of fingerprints and has completed and signed the statement provided for in 29-22B-602 of this code; (6) The applicant has furnished all information, including financial data and documents, certifications, consents, waivers, individual history forms, and other materials requested by the Lottery Commission for purposes of determining qualifications for a license. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements. 29-22B-503. 29-22B-1710. A Powerball ticket worth $50,000 was sold at One Stop #8512 on Barnett Run Road in Bridgeport, matching four numbers plus the Pow. The Lottery Commission may require that the manufacturer provide specialized equipment or pay for the services of an independent technical expert to test the terminal; and. Under legislation passed during the 2020 regular session, current LVL licensees can effectively renew their retail licenses for the next 10 years by matching the minimum bid amount for each license.Currently, a total of 7,467 LVL machines are operating statewide. "Associated equipment" does not include the communication equipment and facilities of a regulated public utility. 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. The maintenance log forms shall be retained by permittees for a period of three years from the date of the last entry. Civil penalties for failure of licensees to perform duties. Such report shall specify the type and approximate value of all forfeited property and the amount of proceeds from the sale of forfeited property received in the preceding year. The claimant or claimants shall be given notice of such hearing not less than ten days prior to the date set for the hearing. If after the permit is issued, the operator enters into additional contracts with limited video lottery retailers with authorizations issued under section 22B-1104 or obtains additional authorizations through the bidding process, the operator shall apply to the commission for a supplemental permit to operate the number of video lottery terminals set forth in the application. 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. ARTICLE 3D. Bid opening for the second round will be May 21, 2021. "Indirect ownership" shall be determined under the same rules applicable to determining whether a gain or loss between related parties is recognized for federal income tax purposes. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT. Myers told the commission delays caused by the ongoing pandemic has created a need for such a provision. State Lottery Director John Myers . Preemption of state laws or local regulation. Bonding requirements for operators and limited video lottery retailers who are permittees. However, year-to-date revenue of $2.26 million is up 30% from $1.74 million at the same point last year. 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. (2) When determining common ownership, the commission shall consider direct as well as indirect ownership. (b) The state Lottery Commission and the director of the commission shall exercise their respective powers and perform their respective duties and functions as specified in this article. of this code, was granted, was applied for, or the transfer of which was validly contracted for prior to January 1, 2001, is not subject to subsections (a) and (c) of this section: Provided, That a fraternal organization for which a private club license to dispense alcoholic liquors, under the provisions of 60-7-1 et seq. In addition to the duties imposed upon the director elsewhere in this article and article 22 of this chapter, the director shall: (1) Supervise and administer the operation of licensed limited video lottery in accordance with the provisions of this article and the rules of the Lottery Commission; (2) Issue licenses to manufacturers, operators, limited video lottery retailers and service technicians, after approval by the Lottery Commission; (3) Register video lottery terminals and equipment and issue registration decals; (4) Collect and deposit license and registration fees due under this article; (5) Require the mandatory posting by limited video lottery retailers of the rules of play and the odds or house percentage on each video lottery game; (6) Attend meetings of the Lottery Commission or appoint a designee to attend in the director's place; (7) Employ and direct such personnel as may be necessary to carry out the purposes of this article, but no person shall be employed who has been convicted of a felony or gambling-related offense; (8) With the approval of the Lottery Commission, enter into agreements with any department, agency, or unit of state government to secure services which the director deems necessary and to provide for the payment for such services; (9) Employ and compensate such consultants and technical assistants as may be required and as otherwise permitted by law; (10) Confer with the Lottery Commission as necessary or desirable, with regard to the operation of the division; (11) Make available for inspection by the Lottery Commission or any member of the commission, upon request, all books, records, files, and other information and documents in the director's office; (12) Advise the Lottery Commission and recommend to the commission such rules and other procedures as the director deems necessary and advisable to improve the operation of limited video lottery; (13) With the concurrence of the Lottery Commission or pursuant to commission requirements and procedures, enter into contracts for materials, equipment, and supplies; (14) Make a continuous study and investigation of the operation and the administration of similar laws which may be in effect in other states or countries; of any literature on video gaming which from time to time may be published or available; and of any federal laws which may affect the conduct of limited video lottery in this state with a view to recommending or effecting changes that would serve the purposes of this article; (15) Publish as a public document a monthly report that contains a full and complete statement of the revenue and expenses for each month from limited video lottery operations; (16) Provide copies of the monthly revenue and expense statement to the Lottery Commission, the secretary of the Department of Tax and Revenue, the Governor, the Speaker of the House of Delegates, the President of the Senate, and the minority leaders of both houses of the Legislature; and.