(c) A machine described in subsection (a) of this section is no less a video gambling machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. General qualifications for all types of limited video lottery licenses. The above service shall be made pursuant to the provisions of the West Virginia Rules of Civil Procedure. (1) Promptly report to the commission any facts or circumstances related to video lottery operations that constitute a violation of state or federal law; (2) Conduct all video lottery activities and functions in a manner that does not pose a threat to the public health, safety or welfare of the citizens of this state, and which does not adversely affect the security or integrity of the lottery; (3) Hold the commission and this state harmless from and defend and pay for the defense of any and all claims that may be asserted against a license holder, this state or the commission and its employees arising from the license holder's participation in the video lottery system authorized by this article; (4) Assist the commission in maximizing video lottery revenues; (5) Maintain all records required by the commission; (6) Upon request by the commission or any designated agent of the commission, provide the commission access to all records and the physical premises of the business or businesses where the license holder's video lottery activities occur, for the purpose of monitoring or inspecting the license holder's activities and the video lottery games, video lottery terminals and associated equipment; (7) Keep current in all payments and obligations to the commission; and. Notice of such public auction shall be published as a Class III legal advertisement in accordance with article 59-3-1, et seq., of this code. 29-22B-1603. Permits to operate video lottery terminals; expiration date; annual fee to be paid by May 1st. Notice: The West Virginia Lottery strives for accuracy in reporting of winning numbers; however we cannot be responsible for complete accuracy of information due to the possible unauthorized entries and edits of our material. Edition
(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. 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. 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. Each video lottery terminal must contain a single printing mechanism capable of printing an original ticket and retaining an exact legible copy within the video lottery terminal, or other means of capturing and retaining an electronic copy of the ticket data as approved by the Lottery Commission. 29-22B-1401. 29-22B-516. 29-22B-1605. Videos, activities & resources for every occasion. The commission may impose the civil penalties provided for in this part 16. Manufacturers may sell or lease only to permittees. Equitable distribution shall be based upon the overall contribution of the individual law-enforcement agency to the investigation which led to the seizure. (6) The expected date and time of video lottery terminal installation. (b) The permittee is solely responsible for resolving income discrepancies between actual money collected and the amount shown on the accounting meters or on the commission's billing statement. "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. (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, data line connection with the central control computer, 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 state Lottery Commission or tends to alter the accurate recording of credits played and credits won by the commission's central control computer, or the central control computer's ability to disable and cause not to operate any or all video lottery terminals of a licensed limited video lottery retailer, for the first offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail 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 $50,000. (a) Each video lottery terminal shall at all times maintain electronic accounting regardless of whether the terminal is being supplied with electrical power. EPROM and erasable programmable read-only memory chips defined. (b) A background investigation must include, but not be limited to, (1) accessing the national criminal history background check system as defined in section 22B-319 and (2) reviewing any other readily accessible state or federal criminal history records that may be pertinent to the background investigation. Copyright 2023 West Virginia Public Broadcasting, All Rights Reserved. wv video lottery revenue by location wv video lottery revenue by location. GOVERNMENTAL TORT CLAIMS AND INSURANCE REFORM ACT. ARTICLE 22C. The applicant may contract with a licensed operator to furnish video lottery terminals or may submit a bid for authorization to own video lottery terminals as provided in section 22B-1106 of this part. (n) All permits shall be signed by the Director of the Lottery in the name of the state. (c) Property subject to forfeiture under this section may be seized by any person granted law-enforcement powers (hereinafter referred to as the "appropriate person" in section 22B-1804). (a) Any person required by law or contract to collect, truthfully account for, and pay over any of the state's share of gross terminal income who willfully fails to truthfully account for and pay over the net terminal income, or willfully attempts in any manner to evade or defeat any payment thereof, shall, in addition to other penalties provided by law, be liable for payment of a civil money penalty equal to the total amount of the state's share of gross terminal income not paid over to the commission. All information required by this section must be displayed under glass or another transparent substance. 29-22B-102. A petition for forfeiture may be filed on behalf of the state and any law-enforcement agency making a seizure under this article by the prosecuting attorney of a county, or duly appointed special prosecutor; (2) A petition for forfeiture may be filed and proceedings held thereon in the circuit court of the county wherein the seizure was made or the circuit court of the county wherein any owner of the property subject to forfeiture may reside; (3) Any civil trial stemming from a petition for forfeiture brought under this part 18 at the demand of either party shall be by jury; (4) A petition for forfeiture of the seized property shall be filed within ninety days after the seizure of the property in question. 29-22B-1406. (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. 29-22B-603. (b) After a video lottery terminal is connected to the commission's central site system of monitoring lottery terminals, the terminal may not be off-line for more than five consecutive days, unless the terminal is off-line due to fire, flood, or other act beyond the control of the operator. 29-22B-319. Read about job postings, upcoming documentaries, events, and more from WVPB. The power back-up device shall be located within the locked logic board compartment of the video lottery terminal. (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. Myers allowed to approve licenses provisionally. BUREAU OF NEGRO WELFARE AND STATISTICS. A variety of resources for professional growth. Once the permit is issued, the permittee may purchase or lease the number of video lottery terminals authorized in the permit. WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT. Each video lottery terminal may also contain bill acceptors. (a) The Lottery Commission created by section 29-22-4 of this code is authorized to implement and operate a system of limited video lottery in accordance with the provisions of this article and the applicable provisions of article 22 of this chapter. 29-22B-305. (a) Whenever moneys, securities or other negotiable instruments are forfeited under the provisions of this part 18, such proceeds shall be distributed as follows: (1) Ten percent of the proceeds shall be tendered to the office of the prosecuting attorney which initiated the forfeiture proceeding; and. (b) Collection shall be barred unless the civil action is commenced within six years after the later of (1) the date on which the prohibited conduct establishing the cause of action occurred, or (2) the date on which the commission first knew or should reasonably have known the prohibited conduct had occurred. "Restricted access adult-only facility" means: (a)(1) A private club licensed under article 60-7-1, et seq., of this code that is licensed under this article by the commission to allow its members and their guests to play video lottery games: Provided, That when the private club is frequented by minors and their parents, video lottery terminals shall be located in a separate room suitable for the location of video lottery terminals with adult-only restricted access, the interior of which is not visible to persons outside the room; and. The winning numbers on file at the West Virginia Lottery are the determining record for winning tickets. Video Lottery Sign Restrictions Eased, iLottery Coming To W.Va. (j) A person submitting a bid under this article shall deliver one copy to the Director of Purchasing of the Purchasing Division within the Department of Administration. 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. In the Excess Lottery Fund were up for the month about $5.2 million and thats primarily due to Limited Video Lottery performing better than our projections and were up about $9.4 million year-to-date in the Excess Lottery Fund, Patrick said. DIVISION OF CULTURE AND HISTORY. wv video lottery revenue by location Berkshire Hathaway breaks ground for Jackson County project; additional manufacturer announced. "EPROM" and "erasable programmable read-only memory chips" means the electronic storage medium on which the operation software for all games playable on a video lottery terminal resides and which can also be in the form of CD-ROM, flash RAM or other new technology medium that the commission may from time to time approve for use in video lottery terminals. A video lottery terminal in a restricted access adult-only facility may not be relocated within the facility without the prior written approval of the commission; (8) Monitor video lottery terminals to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; (9) Maintain at all times sufficient change and cash in the denominations accepted by the video lottery terminals; (10) Provide no access by a player to an automated teller machine (ATM) in the restricted access adult-only facility where video lottery games are played, accept no credit card or debit card from a player for the exchange or purchase of video lottery game credits or for an advance of coins or currency to be utilized by a player to play video lottery games, and extend no credit, in any manner, to a player so as to enable the player to play a video lottery game; (11) Pay for all credits won upon presentment of a valid winning video lottery ticket; (12) Report promptly in writing to the operator and the commission all video lottery terminal malfunctions and notify the commission in writing of the failure of an operator or service technician to provide prompt service and repair of the terminals and associated equipment; (13) Conduct any video lottery advertising or promotional activities only in accordance with legislative rules promulgated pursuant to 29A-3-1 et seq. (b) The manufacturer and licensed permittee may not change the assembly or operational functions of a terminal licensed for placement in West Virginia unless a request for modification of an existing video terminal prototype is approved in writing by the commission. ARTICLE 1C. (a) Seizure of property made subject to forfeiture by the provisions of sections 22B-1802 and 22B-1803 may be made upon process issued by any court of record having jurisdiction over the property. (b) Net terminal income shall be distributed by the commission as follows: (1)(A) Beginning July 1, 2002, a county and the incorporated municipalities within that county shall receive two percent of the net terminal income generated by limited video lottery terminals located within the county; (B) From this two percent of net terminal income, each municipality shall receive a share that bears the same proportion to the total two percent of net terminal income as the population of the municipality bears to the total population of the county as determined by the most recent decennial United States census of population, and the county shall receive the remaining portion of the two percent of net terminal income; and. 29-22B-1301. Upon the request of the law-enforcement agency receiving, pursuant to the order of the court, or electing to retain, pursuant to this section, any forfeited property for which title or registration is required by law, the state shall issue a title or registration certificate to the appropriate governmental body. (3) The forfeited property shall be offered at public auction to the highest bidder for cash. (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. (a) No video lottery terminal may be placed in operation in this state until the manufacturer provides training in the service and repair of each approved video lottery terminal model and service technicians complete the training. Innovation met education on Career Technical Education Day at the West Virginia Legislature Friday. Additional duties of operators. 29-22B-1201. Thereafter, a copy of the bid and the bidders application for an operators license or a limited video lottery retailer license shall be maintained as a public record at the commissions offices and shall be open to public inspection during its normal business hours. WV Educational Broadcasting Authority, the WVPB Foundation, and the Friends of WVPB. (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. ARTICLE 1B. Such fund shall be administered by the chief of the law-enforcement agency that seized the forfeited property sold and shall take the form of an interest-bearing account with any interest earned to be compounded to the fund. The state police shall establish and maintain an adequate system for background investigations that: (1) Ensures that timely background investigations are conducted on applicants for limited video lottery licenses, current licensees, and other persons required to be investigated by the Lottery Commission in accordance with the provisions of this article or by legislative rules promulgated pursuant to this article; (2) Provides for review and oversight of applicants, current licensees, and other persons on an ongoing basis; (3) Provides that upon receipt of a background check report lacking disposition data, further research will be conducted in whatever state and local recordkeeping systems are available in order to obtain complete data; (4) Provides for prompt notification to the Lottery Commission of the results of background investigations before the issuance or renewal of any license; and. (a) The following items are subject to forfeiture: (1) Any video gambling machine present in this state after January 1, 2002; (2) All property found with the video gambling machine that in any way facilitates its operation for any purpose; (3) Any video lottery terminal registered under this article that is found on the premises where a video gambling machine is found; (4) All conveyances, including aircraft, vehicles or vessels, which are used, have been used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of a video gambling machine, except as follows: (A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this section unless it appears that the person owning such conveyance is a consenting party or privy to a violation of this article; (B) No conveyance shall be forfeited under the provisions of this article if the person owning the conveyance establishes that he or she neither knew, nor had reason to know, that the conveyance was being employed or was likely to be employed in a violation of this article; and.
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