Chapter 29, Chapter 29

(a) Duties. -- In addition to the duties set forth elsewhere in this article or in articles twenty-two, twenty-two-a, twenty-two-b and twenty-five of this chapter, the commission shall: (1) Establish minimum standards for gaming equipment, including, but not limited to, electroni…

(a) There is hereby created a State Lottery Commission which shall consist of seven members, all residents and citizens of the state, one who shall be a lawyer, one who shall be a certified public accountant, one who shall be a computer expert, one who shall have not less than fi…

The state Lottery Commission is authorized to implement and operate video lottery games at pari-mutuel racing facilities in this state in accordance with the provisions of this article and the applicable provisions of article twenty-two of this chapter. The provisions of article …

(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. (b) The state Lottery Commiss…

In addition to any other powers and duties set forth in this article or article 22 of this chapter, the Lottery Commission has the following powers and duties: (1) To propose legislative rules for promulgation by the Legislature in accordance with the provisions of article 29A-3-…

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 Lo…

The commission and the director may conduct video lottery advertising only for the purpose of advising the public as to the use of the revenues generated by video lottery operations authorized by this article.

(a) Video lottery terminals registered with and approved by the commission for use at licensed racetracks may offer video lottery games regulated, controlled, and owned and operated by the commission in accordance with the provisions of this section: Provided, That the Secretary …

(a) The commission shall not grant a license required under this article to any applicant until the commission has published the notice in the State Register, as required by §29-22D-15(f) of this code. (b) No person may engage in any activity in connection with West Virginia Lott…

(a) The commission has the authority to: (1) Promulgate rules in accordance with chapter twenty-nine-a of this code: Provided, That those rules promulgated by the commission that are necessary to begin the lottery games selected shall be exempted from the provisions of chapter tw…

(a) The director, with the approval of the commission, may appoint any professional, clerical, technical and administrative personnel, who shall be state employees hired in accordance with article six, chapter twenty-nine of this code, which the director considers necessary to ca…

(a) No person may engage in any activity in connection with West Virginia Lottery interactive wagering in this state unless all necessary licenses have been obtained in accordance with this article and rules of the commission. (b) The commission may not grant a license until it d…

(a) The Lottery Commission may issue four types of limited video lottery licenses, as follows: (1) A manufacturer's license; (2) An operator's license; (3) A limited video lottery retailer's license; and (4) A service technician's license. (b) A manufacturer's license is required…

(a) No limited video lottery license or license renewal may be granted unless the Lottery Commission has determined that the applicant satisfies all of the following qualifications: (1) The applicant is a person of good character, honesty, and integrity; (2) The applicant is a pe…

(a) No operator’s license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in §29-22B-502 of this code, the applicant satisfies all of the following qualifications: (1) The applicant has demonst…

No limited video lottery retailer’s license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in §29-22B-502 of this code, the applicant satisfies all of the following qualifications: (1) The app…

No service technician's license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in section 22B-502, the applicant has passed a technical competence test administered or approved by the Lottery …

No manufacturer's license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in section 22B-502, the applicant satisfies all of the following qualifications: (1) The applicant has obtained, or can…

The following persons are considered to have control of an applicant: (1) Each person associated with a corporate applicant, including any corporate holding company, parent company or subsidiary company of the applicant, but not including a bank or other licensed lending institut…

(a) The commission may not issue any license until after the background investigations are concluded. This provision shall not apply to an application for renewal of a license except to the extent background investigations are required of an applicant for renewal of a license in …

(a) The Lottery Commission shall notify the applicant in writing if an application is incomplete and the notification shall state the deficiencies in the application. (b) The commission may not consider incomplete applications. The commission may consider an application when the …

The burden of proving qualification for any limited video lottery license or for renewal thereof is on the applicant.

(a) The commission shall notify applicants and licensees in writing of the denial, suspension or revocation of a license and the reasons for the denial, suspension or revocation in accordance with the provisions of section 22B-518. (b) An applicant may request a hearing to review…

The Lottery Commission shall determine on a continuing basis the eligibility of licensees to hold a license.

(a) The commission shall determine the forms of application to be used. (b) All application, registration and disclosure forms and other documents submitted to the Lottery Commission by or on behalf of the applicant for purposes of determining qualification for a video lottery li…

(a) An applicant who knowingly fails to reveal any fact that is material to qualification or who knowingly submits false or misleading material information is ineligible for a video lottery license. (b) An applicant who is awarded a license or renewal of a license shall give the …

Before any operator or limited video lottery retailer is issued a permit under part 11 of this article to own or lease video lottery terminals from a licensed manufacturer, the permittee shall post a bond or irrevocable letter of credit in a manner and in an amount established by…

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. The applicant s…

The commission shall renew video lottery licenses annually on a date set by the commission, if each person seeking license renewal submits the applicable renewal fee, completes all renewal forms provided by the commission, and continues to meet all qualifications for a license.

(a) The following license fees shall be paid annually by each licensed operator, manufacturer, service technician or limited video lottery retailer: (1) Operator: $10,000; (2) Manufacturer: $10,000; (3) Service technician: $100; (4) Limited video lottery retailer: $500. (b) The a…

(a) The commission may approve video lottery terminals and in doing so shall take into account advancements in computer technology, competition from nearby states and the preservation of jobs in the West Virginia pari-mutuel racing industry. In approving video lottery terminals l…

(a) In addition to the casino games permitted pursuant to the provisions of §29-22A-1 et seq., §29-22C-1 et seq., and §29-25-1 et seq. of this code, a licensed gaming facility may operate West Virginia Lottery interactive wagering upon the approval of the commission, and the comm…

(a) No person may engage in any activity in connection with a racetrack with West Virginia Lottery table games in this state for which a license is required by this article or rules of the commission unless all necessary licenses have been obtained in accordance with this article…

(a) In addition to the casino games permitted pursuant to the provisions of §29-22A-1 et seq., §29-22C-1 et seq., and §29-25-1 et seq. of this code, a licensed gaming facility may operate West Virginia Lottery sports wagering upon the approval of the commission, and the commissio…

(a) There is hereby created the position of the lottery director whose duties include the management and administration of the state lottery office. The director shall be qualified by training and experience to direct the operations of the lottery, and shall be appointed, within …

(a) The Lottery Commission, through a cooperative agreement with the State Police, shall establish procedures for conducting background investigations for the purpose of determining whether an applicant has been charged with, indicted for, or convicted of a crime that may have be…

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 …

The Lottery Commission may not request a background check of an applicant under section 22B-601 of this article unless the applicant first provides a set of fingerprints and completes and signs a statement that: (1) Contains the name, address, and date of birth appearing on a val…

Each applicant who is the subject of a background check is entitled to a copy of his or her background investigation report, and has the right to challenge the accuracy and completeness of any information contained in the report and to obtain a prompt determination as to the vali…

(a) License. — The holder of a license to operate West Virginia Lottery interactive wagering may contract with an entity to conduct that operation in accordance with the rules of the commission. That entity shall obtain a license as a management services provider prior to the exe…

There shall be established within the state lottery office a security and licensing division; a personnel, data processing, accounting and administration division; and a marketing, education and information division. Each division shall be under the supervision of a deputy direct…

(a) No video lottery license or permit may be granted unless the commission has determined that the applicant satisfies all of the following qualifications: (1) An applicant for a video lottery license must hold a valid racing license granted by the West Virginia Racing Commissio…

(a) No racetrack may be licensed under this article to operate West Virginia Lottery table games until a local option election is held in the county in which pari-mutuel wagers are received at a racetrack licensed under article twenty-three, chapter nineteen of this code and the …

(a) License. — The holder of a license to operate West Virginia Lottery sports wagering may contract with an entity to conduct that operation in accordance with the regulations of the commission. That entity shall obtain a license as a management services provider prior to the ex…

All video lottery license holders shall: (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…

In addition to the general duties imposed on all licensees in §29-22B-701 of this code, a limited video lottery retailer shall: (1) Attend all commission mandated meetings, seminars, and training sessions concerning operation of video lottery terminals, the validation and redempt…

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, l…

(a) A limited video lottery retailer shall not make payment for credits awarded on a video lottery terminal unless the ticket meets the following requirements: (1) The ticket is fully legible and printed on paper approved by the commission and the ticket contains all information …

In addition to the general duties imposed on all licensees in section 22B-701 of this article, a manufacturer shall: (1) Manufacture terminals and associated equipment for placement in this state in accordance with the specifications and procedures specified in part 9 of this art…

In addition to the general duties imposed on all licensees in §29-22B-701 of this code, an operator 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 …