In addition, on Tuesday commissioners set minimum bid amounts and dates for the first two rounds of bids for 10-year Limited Video Lottery retail licenses. "Video lottery terminal" means a commission-approved machine or device that is compatible with the Lottery Commission's central computer system, and that is used for the purpose of playing video lottery games authorized by the Lottery Commission by no more than one player at a time. (a) After December 31, 2001, any person who has a video gambling machine in their actual or constructive possession in this state is guilty of a felony and, upon conviction thereof, shall for a first conviction 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 $50,000 nor more than $100,000, for each video gambling machine in the person's actual or constructive possession in this state, except that, in the case of a person other than an individual, the fine may not be less than $100,000 nor more than $500,000 for each video gambling machine in the person's actual or constructive possession in this state. (b) The provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict herewith: Provided, That nothing herein shall invalidate any zoning law, or Sunday closing law under article 61-10-1, et seq., of this code. (a) For employing or contracting with persons, other than service technicians licensed by the commission, to repair video lottery terminals, the permittee shall be fined: (b) For acquiring, or installing in licensed premises, any video lottery terminal that has not been manufactured and supplied by a licensed manufacturer, that has not also been tested and approved by the commission's independent testing laboratory, and that has not been approved for use in this state by the commission, the permittee shall be fined: (1) Five thousand dollars for a first violation; (2) Ten thousand dollars for a second violation. (n) All permits shall be signed by the Director of the Lottery in the name of the state. 29-22B-1606. Only permittees may purchase or lease video lottery terminals from a licensed manufacturer. Issuance of order refusing to issue or renew license, or suspending or revoking same. (c) For each subsequent violation, the fine imposed by the commission shall increase by $10,000. The commission may charge a reasonable fee for the cost of producing and mailing any report other than the billing statements. Limited Video Lottery's strong performance in September helped offset an ongoing downturn at West Virginia casinos, Lottery Commissioners were advised Tuesday, when they also set minimum bid amounts and dates for the first two rounds of bids for 10-year Limited Video Lottery retail licenses. (c) For shipping a video lottery terminal into this state that is not identical to a video lottery terminal make and model approved by the commission, including the electronic computer components, the random number generator, the coin acceptor, the bill acceptor, and the cabinet in which the video lottery terminal is housed, the manufacturer shall be fined: (d) For each subsequent violation, the fine imposed by the commission shall increase by $10,000. A battery or equivalent power back-up for the electronic meters shall be capable of maintaining accuracy of all accounting records and terminal status reports for a period of ninety days after power is disconnected from the terminal. The state is also preparing to launch an ilottery, allowing traditional lottery tickets to be purchased online and with a smartphone. (b) Neither the director of the commission, nor any member or employee of the commission, may accept or receive, directly or indirectly, from any person known by the director, commission member or employee of the commission to be interested in any bid, contract or licensee under this article, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward, or compensation. 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. Communication with central computer system. COMMISSION ON INTERSTATE COOPERATION. (b) The Lottery Commission shall approve all coin and bill acceptors prior to use on any video lottery terminal in this state. (3) The commission shall receive 30 percent of gross profits as defined in subdivision (2) of this subsection except as otherwise provided in this subdivision. (q) If after a permit is awarded, an operator or limited video lottery retailer surrenders the permit, in whole or in part, or the permit is revoked or canceled by operation of law, the commission may seek bids for video lottery terminals for which authorization was surrendered or revoked, subject to the limitations and requirements of this article. CERTIFICATION OF ELECTRICAL INSPECTORS. Burden of proving qualification for license. Year-to-date sales of $55.1 million are up 20% from $45.8 million at the same point in 2019. "Wager" means a sum of money or thing of value risked on an uncertain occurrence. 29-22B-333. 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. Additional qualification for an applicant for a service technician's license. ARTICLE 3C. (a) For shipping a video lottery terminal into this state to a person who does not have a permit issued by the commission under this article, the manufacturer shall be fined: (b) For each subsequent violation, the fine imposed by the commission shall increase by $10,000. (18) Maintain a separate bank account into which the operator shall deposit the gross terminal income from all of the operators video lottery terminals. SUPERVISION OF FIRE PROTECTION WORK. The testing, examination and analysis of any video lottery terminal model may require dismantling of the terminal, and some tests may result in damage or destruction to one or more electronic components of the terminal model. (a) "Video gambling machine" means a computerized device: (1) That is not approved and registered by the commission under the provisions of this article or used, possessed or operated pursuant to and under the requirements of the provisions of articles 29-22-1, et seq., 29-22A-1, et seq., 29-25-1, et seq., 47-20-1, et seq., or 47-21-1, et seq., or any reenactment thereof; (2) That employs a monitor that has a display screen, software programs, graphics board, graphics card or any other necessary components that give the monitor graphics capabilities for displaying and manipulating pictures, words, numbers or symbols; (3) That has a storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than, through the display of pictures, words, numbers or symbols, simulating the play of such games as poker, blackjack, roulette, baccarat, keno, craps, or any other game of skill or chance of whatever name or kind; (4) That allows a person, by inserting currency, coins, tokens or other similar objects into the machine, or by otherwise making some payment of consideration, to make the machine available for the person to play; (5) That allows a person playing the machine an opportunity to win (A) cash, (B) play credits, (C) tokens, tickets, vouchers or other things that can be exchanged for cash or any other thing of value, or (D) prizes, premiums, merchandise or any other thing of value, whether by reason of the skill of the player or by the application of the element of chance, or both; and. Any copy of the petition for forfeiture so served shall include a notice substantially as follows: "To any claimant to the within described property: You have the right to file an answer to this petition setting forth your title in, and right to possession of, the property within thirty days from the service hereof. (c) In the event of seizure pursuant to subsection (b) of this section, forfeiture proceedings shall be instituted within ninety days of the seizure thereof. He says the ilottery app should be up and running by Spring 2023. 29-22B-705. When this is required: (1) The manufacturer shall pay all costs of testing, examination, analysis and transportation of the video lottery terminal models. For the purposes of this section, an applicant has not been convicted of a crime if he or she was convicted of a nonmoving motor vehicle violation or a speeding violation that does not arise in connection with a motor vehicle collision; (3) Notifies the applicant that the Lottery Commission will request a background check under section 22B-601 of this article; and. If youre coming in from out of town, you may not know what it is. (g) Any funds expended pursuant to the provisions of this section, shall only be expended in the manner provided in subsection 60A-7-705(b), of this code. 29-22B-1113. Legislative finding; state ownership of video lottery through outright ownership or possession of a proprietary interest in computer hardware and software. (a) The commission may not issue any license until after the background investigations are concluded. (b) In all hearings held under this article, oral and documentary evidence may be required through the use of subpoenas and subpoenas duces tecum. Determination of authorizations to be issued without bid and number of authorizations to be bid. If after a limited video lottery license is issued or a permit is issued, a retailer surrenders the license, in whole or in part, or the license is modified, revoked or canceled by operation of law, the Lottery Commission shall then allocate authorizations to operate those video lottery terminals through the bid process described in section 1107 of this part 11, subject to the limitations and requirements of this article. 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. The commission, upon request of the petitioner, shall accept briefs in addition to or in lieu of argument. (b) At the time of filing or as soon as practicable thereafter, a copy of the petition for forfeiture shall be served upon the owner or owners of the seized property, as well as all holders of a perfected security interest or lien or of a possessory or statutory lien in the same class, if known. (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 required by this article; (2) The ticket is not mutilated, altered, unreadable or tampered with in any manner; (3) The ticket is not counterfeit, in whole or in part; 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. "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. (f) Upon the sale of any forfeited property for which title or registration is required by law, the state shall issue a title or registration certificate to any bona fide purchaser at a public sale of the property conducted pursuant to this section. (a) No state or local law or regulation providing any penalty, disability, restriction, regulation or prohibition for the manufacture, transportation, storage, distribution, advertising, possession or sale of any lottery video lottery terminal, games or materials or for the operation of any lottery shall apply to operations by the Lottery Commission or persons licensed pursuant to this article or operations or activities that are authorized in this article. (5) Copies of all certificates of completion. The commission may exclude any evidence which is irrelevant, unduly repetitious, or lacking in substantial probative effect. Items subject to forfeiture. (a) The states share of gross terminal income is calculated as follows: (1) The commission shall deposit two percent of gross terminal income into the State Lottery Fund for the commissions costs and expenses incurred in administering this article. (c) Upon a permittee's failure to maintain the bank account balance required in subsection (b) of this section, the commission may disable all of a permittee's video lottery terminals until full payment of all amounts due is made. "Applicant" means a person applying for a license required by this article for lawful participation in limited video lottery. In addition, an applicant may also be licensed as an operator, subject to the provisions of 29-22B-503(a)(6) of this code. Display of information on terminal face or screen. LVLs have been producing increased revenues for more than a year. (c) The service of a petition for hearing upon the commission shall not operate to suspend the execution of any suspension or revocation of a video lottery license or any other order of the commission with respect to which a hearing is being demanded. He said it may result in some revenue loss early next year but its not likely to be significant. Copyright 2023 West Virginia Public Broadcasting, All Rights Reserved. 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. of this code, or a Class "A" nonintoxicating beer license issued as provided in article 11-16-1 et seq. (a) No repairs to, or replacement of, the logic board or circuitry within the logic area shall occur unless authorized commission personnel are present and observe the repairs or replacement. No limited video lottery retailers 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 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; (2) The applicant holds either: (A) A valid license issued under 60-7-1 et seq. 29-22B-504. "Manufacturer" means any person holding a license issued under this article by the commission which allows the person to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which the video lottery terminal is housed, and whose product is intended for sale, lease or other assignment to a person who is issued a permit under this article allowing the person to purchase or lease video lottery terminals from a manufacturer.