Senate Bill No. 162
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 14, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact º29-22B-702 of the code of West
Virginia, 1931, as amended, relating to prohibition against
retailer licensees using gambling names and symbols in
advertising, signage and directions to retail establishments
offering limited video lottery games.
Be it enacted by the Legislature of West Virginia:
That º29-22B-702 of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§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 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 no video lottery advertising or promotional
activities;
(14) Not use the words "video lottery"
or any other word or
wording or symbol commonly associated with gambling in the
displayed name or in conjunction with the displayed name of the approved location, or in any directions or advertising visible from
outside the retailer's establishment,
even if such are used in the
legal name of the owner or operator of the location.
(15) Install, post and display prominently within or about the
approved location signs, redemption information and other
promotional material as required by the commission;
(16) 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) Contract with no more than one licensed operator for the
placement of video lottery terminals at the licensed location;
(18) Maintain insurance covering all losses as the result of
fire, theft or vandalism to video lottery terminals and associated
equipment; and
(19) Comply with all applicable provisions of this article and
rules and orders of the commission.
NOTE: The purpose of this bill is to prohibit retailer
licensees use of gambling names and symbols in advertising, signage
and directions to retail establishments offering limited video
lottery games.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.