Introduced Version Senate Bill 117 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 117

(By Senators Deem and Barnes)


[Introduced February 9, 2005; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]


A BILL to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to prohibiting the placement of automated teller machines in establishments that contain video lottery terminals.

Be it enacted by the Legislature of West Virginia:
That §29-22B-702 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§29-22B-702. Additional duties of limited video lottery retailers.
In addition to the general duties imposed on all licensees in section 22B-701, 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 redemption of video lottery winning tickets and the operation of all ticket validation terminals and equipment;
(2) Maintain all skills necessary for the accurate validation of video lottery tickets;
(3) Supervise video lottery operations and ticket validation procedures at the applicable location;
(4) Permit no person to tamper with or interfere with the operation of any video lottery terminal;
(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) Ensure that video lottery terminals are within the sight and control of designated employees of the limited video lottery retailer;
(7) Ensure that video lottery terminals are placed and remain placed in the specific locations which have been approved by the Commission. 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 twenty-one 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 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) Except as provided in subsection (12) of this section, an automated teller machine (ATM) may not be located on the premises of an establishment that has video lottery machines.
(12) In an instance in which gambling premises is located in a building with another business establishment or commercial activity and there is no physical barrier or clear demarcation between the area in which gambling takes place and the area in which other activity takes place, an automated teller machine may not be installed or situated within fifty feet of a video lottery machine. For the purposes of this section, "clear demarcation" means any combination of a doorway and signs indicating to a customer entering the doorway from either direction that the area in which the customer is about to enter is an area where gambling takes place or where other, nongambling activity or transactions take place.
(11) (13) Pay for all credits won upon presentment of a valid winning video lottery ticket;
(12) (14) 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) (15) Conduct no video lottery advertising or promotional activities;
(14) (16) Not use the words "video lottery" in the name of the approved location, or in any directions or advertising visible from outside the retailer's establishment;
(15) (17) Install, post and display prominently within or about the approved location signs, redemption information and other promotional material as required by the Commission;
(16) (18) Permit video lottery to be played only during those hours established and approved by the Commission: Provided, That the limited video lottery retailer shall not permit video lottery to be played beyond the hour during which liquor may be served;
(17) (19) Contract with no more than one licensed operator for the placement of video lottery terminals at the licensed location;
(18) (20) Maintain insurance covering all losses as the result of fire, theft or vandalism to video lottery terminals and associated equipment; and
(19) (21) Comply with all applicable provisions of this article and rules and orders of the Commission.

NOTE: The purpose of this bill is to prohibit the placement of Automated Teller Machines (ATM) in establishments that contain video lottery terminals.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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