Senate Bill No. 355

(By Senators Blatnik and Scott)

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[Introduced February 14, 1995; referred to the

Committee on the Judiciary; and then to the

Committee on Finance.]

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A BILL to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter eleven-b; and to amend chapter fifteen of said code by adding thereto a new article, designated article eleven, all relating to the West Virginia gaming control act; creating gaming control commission and gaming control section; providing generally therefor; requiring the licensure of certain persons involved in gaming; providing generally for licensure; prohibiting certain activities; providing penalties therefor; and requiring local approval prior to licensure.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended by adding thereto a new chapter, designated chapter eleven-b; and that chapter fifteen of said code be amended by adding thereto a new article, designated article eleven, all to read as follows:
CHAPTER 11B. GAMING CONTROL COMMISSION.

ARTICLE 1. GENERAL PROVISIONS.

§11B-1-1. Short title.

This chapter, together with the provisions of article eleven, chapter fifteen of this code, shall be known and may be cited as the "West Virginia Gaming Control Act."

§11B-1-2. Declaration of policy; legislative findings; legislative intent; scope of provisions.

(a) It is the public policy of the state that, notwithstanding any provision of law to the contrary, the system of vessel and casino gaming and wagering as provided for in this chapter is legal when conducted under the terms specified by this chapter and in accordance with the provisions of this chapter.

(b) The legislature finds that:

(1) The Constitution of this state grants to the Legislature the authority to establish, by general law, a gaming industry in this state and to further establish the manner of regulation, control, ownership, licensure and operation of gaming as
authorized by this chapter; and
(2) The development of a gaming industry is important to the economy of the state in that it will assist in the continuing growth of the tourism industry and will benefit the general welfare of our citizens and create new jobs.

(c) In enacting this gaming control act and developing a gaming industry in this state, the legislature intends to:

(1) Allow certain gaming activities that will result in many benefits to the state with no significant detriment to the citizens of this state;

(2) Provide for significant, secure, permanent investment in this state; and

(3) Regulate, license and otherwise control the gaming industry in such a manner as to accomplish and promote and protect the health, safety, morals, good order and general welfare of our citizens.

(d) This article does not apply to the parimutuel system of wagering used or intended to be used in connection with the horse- race or dog-race meeting as authorized under article twenty-three, chapter nineteen of this code; lottery or lotto games authorized under article twenty-two of this chapter; or bingo, raffles, or
games of skill or chance authorized under article twenty, chapter forty-seven of this code.
§11B-1-3. Definitions.

As used in the gaming control act, which includes this chapter and article eleven, chapter fifteen of this code, the following words and terms have the meanings ascribed to them in this section, unless a different meaning clearly appears in the context:

(1) "Adjusted gross receipts" means gross receipts of a gaming vessel licensee or a casino licensee, less the total of all sums paid out as winnings to wagerers, and less a deductible for uncollectible gaming receivables. The deductible for uncollectible gaming receivables shall not exceed the lesser of (A) a reasonable provision for uncollectible wagerers' checks received from gaming operations, or (B) two percent (2%) of the gross receipts.

(2) "Applicant" means the person applying for any license, permit or registration pursuant to the provisions of article five the gaming control act.

(3) "Capital investment" means the amount of capital expended on land acquisition costs; construction, renovation or
repair costs; costs of utility installation; professional fees paid to persons who are not employed by the applicant; development fees; interest and other financing costs; and other capital expenditures: Provided, That such costs shall not include the salaries of any owner or key employee, the cost of gaming equipment or other personalty, or any pre-opening and start-up costs for advertising and promotion.
(4) "Casino" means the designated area, on the premises of a resort hotel, in which gaming is conducted pursuant to the provisions of the gaming control act.

(5) "Casino gaming" means to deal, operate, carry on, conduct, maintain or expose for play any gambling game as defined in subdivision (13) of this section in a casino as defined in subdivision (4) of this section.

(6) "Chairman" means the chairman of the gaming control commission as set forth in section five, article two of this chapter.

(7) "Commission" or "gaming control commission" means the West Virginia gaming control commission, created and authorized by article two of this chapter.

(8) "Commissioner" or "member of the commission" means a
member of the gaming control commission appointed pursuant to section two, article two of this chapter.
(9) "Controlled premises" means land, together with all buildings, improvements and personal property located thereon, and all parts of any vessel, when such land or vessel is utilized by a person to conduct activities which are regulated or controlled by the provisions of the gaming control act, including, but not limited to, all premises wherein vessel gaming or casino gaming is conducted, or wherein gaming devices or equipment are manufactured, sold, distributed, or serviced, or wherein any records of such activities are prepared or maintained.

(10) "Commission employee" means any person employed by the gaming control commission, including its executive director.

(11) "Controlling interest" means;

(A) For a partnership, an interest as a general or limited partner;

(B) For a corporation, an interest of more than fifty percent of the stock in the corporation; and

(C) For any other entity, an ownership interest of more than fifty percent in the entity.

(12) "Dock" means the location where a gaming vessel moors
for the purpose of embarking and disembarking passengers.
(13) "Game" or "gambling game" means any banking or percentage game played with cards, dice or with any gaming device for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, any of the following games, or a variation or combination thereof:

(A) Baccarat.

(B) Twenty-one.

(C) Poker.

(D) Craps.

(E) Slot machine.

(F) Video games of chance.

(G) Roulette wheel.

(H) Klondike table.

(I) Punchboard.

(J) Faro layout.

(K) Keno layout.

(L) Numbers ticket.

(M) Push card.

(N) Jar ticket.

(O) Pull tab.

(P) Big six.

(14) "Gaming" or "gambling" means to deal, operate, carry on, conduct, maintain or expose for play any game as defined in subsection (13) of this section.

(15) "Gaming control act" means the West Virginia gaming control act, which includes the provisions of this chapter and the provisions of article eleven, chapter fifteen of this code.

(16) "Gaming control section" or "section" means the gaming control section in the division of public safety as created and organized in accordance with the provisions of article eleven, chapter fifteen of this code.

(17) "Gaming device" means any mechanical, electromechanical, electrical or electronic device, component or machine used directly or indirectly in connection with gaming or any game which affects the result of a wager by determining win or loss. The term includes a system for processing information which can alter the normal criteria of random selection, which affects the operation of any game, or which determines the outcome of a game.

(18) "Gaming employee" means any natural person employed by
a gaming vessel or casino licensee who is required to be licensed, permitted or registered pursuant to the provisions of articles five and seven of this chapter.
(19) "Gaming premises" means the total parcel of contiguous real estate owned by a licensee whereon a casino or a gaming vessel is located.

(20) "Gaming supplier" means any manufacturer, distributor or supplier of gaming supplies as defined in subsection (21) of this section;

(21) "Gaming supplies" means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming, including dice, playing cards, tables and table layouts, links which connect progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines, and devices for weighing or counting money.

(22) "Gross receipts" means the total of all sums received by a casino licensee or a gaming vessel licensee from gaming operations, including checks, whether collected or not.

(23) "Holding company" means any corporation, association,
firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly, owns, has the power or right to control, or has the power to vote any significant part of the outstanding voting securities of a corporation which holds or applies for a gaming vessel license or a casino license. For the purpose of this section, in addition to any other reasonable meaning of the words used, a "holding company" indirectly has, holds or owns any such power, right or security if it does so through any interest in a subsidiary or successive subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant.
(24) "Kanawha River" means that navigable portion of the Kanawha River from the locks located at London to Point Pleasant.

(25) "Key employee" means any gaming employee employed in gaming operations in a supervisory capacity or empowered to make discretionary decisions which regulate gaming operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier supervisors, managers and assistant managers of the room where gaming is conducted, managers or supervisors of security employees, or any other natural person empowered to make
discretionary decisions which regulate the management of any controlled premises, including, without limitation, hotel managers, entertainment directors, food and beverage directors, or any other employee so designated by the gaming control commission for reasons consistent with the policies of the gaming control act.
(26) "License" means a license required by article five of this chapter and issued by the commission, including:

(A) A license to operate a gaming vessel or casino;

(B) A license to supply a gaming vessel or casino;

(C) A license to operate a gaming device;

(D) A license to be employed by a licensee as a key employee or in such other position as a license may be required in accordance with the provisions of articles five and seven of this chapter.

(27) "Licensed gaming device operator" means an individual who is licensed by the commission to engage in the business of operating a gaming device, either as an employee or independent contractor of a licensed gaming vessel or casino operator, pursuant to the provisions of section two, article seven of this chapter.

(28) "Licensed gaming operation" means any gaming vessel or casino licensed to conduct gaming in accordance with the provisions of article six of this chapter.

(29) "Licensed gaming supplier" means a person who is licensed by the commission to engage in the business of manufacturing, distributing or supplying gaming supplies to a gaming vessel or casino pursuant to the provisions of section one, article seven of this chapter.

(30) "Licensee" means a licensed gaming vessel operator or a licensed casino operator licensed pursuant to the provisions of articles five and six of this chapter.

(31) "Licenseholder" means any person other than a licensee who is licensed under the provisions of articles five and seven of this chapter.

32) "Local governing body" means, in the case of a casino or vessel located or docked within a municipality, the city council or other governing body of the municipality. In the case of a casino or vessel not located or docked within a municipality, "local governing body" means the county commission of the county in which the casino or vessel is located or docked.

(33) "Monongahela River" means the navigable portion of the
Monongahela River from the southernmost boundary of the town of Fairmont to the point at which the Monongahela River flows into Pennsylvania at the state border.
(34) "Ohio River" means the navigable portion of the Ohio River from its northernmost point at which the Ohio River flows into West Virginia at the state border and the confluence of the Ohio River with the Big Sandy River in Cabell County.

(35) "Operation certificate" is the certificate which a licensee shall have in accordance with section one, article eight of this chapter prior to commencement of operation of any gaming vessel or casino.

(36) "Permittee" means a gaming employee required to have a work permit pursuant to the provisions of articles five and seven of this chapter.

(37) "Person" means any natural person, corporation, association, firm, partnership, limited partnership, trust or other business organization, not a natural person, regardless of its form, structure or nature.

(38) "Publicly traded corporation" means any corporation or other legal entity, except a natural person, which:

(A) Has one of more classes of securities registered pursuant
to section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. §781); or
(B) Is an issuer subject to section 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §780).

(39) "Registration" means any requirement, other than a requirement of a license or work permit, which the commission may require as a prerequisite to conduct a particular business or be employed by a licensee or licenseholder in accordance with the provisions of eight, article seven of this chapter.

(40) "Registrant" means any person who is registered pursuant to the provisions of section eight, article seven of this chapter.

(41) "Resident" or "West Virginia resident" means any person who occupies a dwelling within the state of West Virginia, who has a present intent to remain within the state for a period of time, and who manifests the genuineness of that intent by establishing an ongoing physical presence within the state with indicia that his or her presence within the state is other than merely transitory in nature.

(42) "Resort hotel" means a hotel that meets the requirements set forth in section two, article six of this
chapter, that has at least one building containing not fewer than six hundred fifty guest rooms under common ownership, and that has substantial recreational guest amenities in addition to casino gaming.
(43) "Section employee" means an employee or agent of the gaming control section created in article eleven, chapter fifteen of this code and includes the superintendent of the division of public safety.

(44) "State gaming fund" means a special fund in the state treasury created pursuant to section one, article eleven of this chapter to which deposits and disbursements are made and from which the operating costs of the commission shall be disbursed and for other activities as prescribed pursuant to the gaming control act.

(45) "Temporary work permit" means a work permit which is valid only for a period not to exceed ninety days from its date of issue and which is not renewable.

(46) "Vessel" or "gaming vessel" means a vessel that is used for authorized and licensed vessel gaming which is a dockside floating facility which is a navigable vessel or has the appearance of a navigable vessel, which is permanently anchored
on the Kanawha river, the Ohio river or the Monongahela river, and which is outside the jurisdiction of the United States Coast Guard.
(47) "Vessel gaming" means to deal, operate, carry on, conduct, maintain or expose for play any gambling game as defined in subdivision (13) of this section on a vessel as defined in subdivision (46) of this section.

(48) "Work permit" or "permit" means any card, certificate, permit or other indicia of employability other than a license, which work permit may be issued by the commission, whether denominated as a work permit, registration card or otherwise, to any individual not required to be licensed and authorizing the employment of the holder as a gaming employee in accordance with the provisions of section seven, article seven of this chapter.

ARTICLE 2. WEST VIRGINIA GAMING CONTROL COMMISSION; ESTABLISHMENT AND ORGANIZATION.

§11B-2-1. Creation of gaming control commission; number of members.

The West Virginia gaming control commission, consisting of five members, is hereby created in the department of tax and revenue and may utilize the administrative support and services
of that department. The commission is not subject to control, supervision or direction by the department of tax and revenue, but is an independent, self-sustaining commission which shall have the powers and duties specified in this chapter and all other powers necessary and proper to fully and effectively execute this chapter for the purposes of administering, regulating, overseeing and enforcing the system of vessel and casino gaming established by this chapter. Its jurisdiction shall extend to every person involved in vessel and casino gaming operations in this state.
The commission is a part-time commission of laypersons who shall make policy and shall have such other powers and perform such other duties as may be specified in this chapter or set forth in rules authorized to be promulgated by the commission. The ministerial duties of the commission shall be administered and carried out by the executive director and such staff as may be hired by the commission in accordance with the provisions of sections three and four, article four of this chapter.

Each member of the commission shall devote the time necessary to carry out the duties and obligations of the office and may pursue and engage in another business, occupation, or gainful employment that is not in conflict with the duties of the
commission.
While the commission is self-sustaining and independent, it, its members, its executive director and its employees are subject to article nine-a of chapter six, chapter six-b, chapter twenty- nine-a, and chapter twenty-nine-b of this code. Purchasing by the commission shall be in accordance with the provisions of article three, chapter five-a of this code.

§11B-2-2. Appointment of members of gaming control commission; qualifications and eligibility.

(a) The five members of the commission shall be appointed by the governor, with the advice and consent of the Senate. No more than three members of the commission shall belong to the same political party;

(1) One member is to be a lawyer licensed by, and in good standing with, the West Virginia state bar;

(2) One member is to be a certified public accountant experienced in taxation, accounting and auditing;

(3) One member is to be a person with at least five years of professional experience in law enforcement and criminal investigation;

(4) One member is to be a representative of the tourism and
hospitality industry; and
(5) One member is to be a representative of the public at large.

(b) Each member of the commission:

(1) Is to be a citizen of the United States, a resident of the state of West Virginia and at least twenty-one years of age;

(2) Is to be a person of good moral character;

(3) May not be a licensee or licenseholder, or spouse, child or parent of a licensee or licenseholder, or otherwise be subject to the regulation and control of the gaming control commission, or be a member or be subject to the regulation and control of the West Virginia Racing Commission or the West Virginia Lottery Commission;

(4) May not have a financial interest in any activity regulated by the commission or receive compensation from a person regulated or controlled by the commission;

(5) May not be a staff member of the commission nor receive compensation from a person who was or is a member of the commission;

(6) May not hold any other elective or appointive public office for which compensation is received; and

(7) May not have been convicted of, pled guilty or nolo contendere to, or under indictment for, a felony or other offense punishable by imprisonment for more than one year under the laws of this state, another state, a territory of the United States, the United States or any foreign country.

(c) As a condition of qualifying for membership on the commission, each nominee for appointment is required to provide the gaming control section with photographs, fingerprints and any other relevant material requested by the gaming control section in its efforts to assist the governor in a thorough investigation into the nominee's background, with particular regard to the nominee's financial stability, integrity, and responsibility and his or her reputation for good character and honesty.

§11B-2-3. Terms of commission members; conditions of membership.

(a) The term of each member of the commission made pursuant to this section shall be for four years, except that for an initial period, the terms of office of the initial commission shall commence from an initial date of appointment beginning no later than the first day of July, one thousand nine hundred ninety-five and shall run as follows:

(1) One member shall be appointed for a term ending on the
thirtieth day of June, one thousand nine hundred ninety-seven;
(2) Two members shall be appointed for terms ending on the thirtieth day of June, one thousand nine hundred ninety-eight; and

(3) Two members shall be appointed for terms ending on the thirtieth day of June, one thousand nine hundred ninety-nine.

(b) After the initial appointments are made pursuant to the provisions of subdivision one of this subsection, members shall thereafter be appointed or reappointed for terms of four years following the expiration date of the previous term or terms: Provided, That no member shall serve more than two terms, including the initial term.

(c) Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced.

(d) At the expiration of a member's term, the member shall continue to serve until a successor is appointed and qualified, but in the event that a successor is not duly appointed and qualified within one hundred eighty calendar days after the expiration of a member's term, a vacancy shall be deemed to exist.

§11B-2-4. Oath and bond.

Before entering upon the discharge of the duties as commissioner, each commissioner shall:

(1) Take and subscribe to the oath of office prescribed in section five, article four of the Constitution of West Virginia; and

(2) Enter into a bond in the penal sum of one hundred thousand dollars with a corporate surety authorized to engage in business in this state as a bonding or surety company, conditioned upon the faithful discharge and performance of the duties of the office, under the following conditions:

(A) The bond shall be approved by the attorney general as form and by the governor as to sufficiency;

(B) Premium on the bond shall be paid by the gaming control commission from the state gaming control fund; and

(C) The bond, together with the executed oath, shall be filed in the office of the secretary of state.

§11B-2-5. Commission chairman.

In making the initial appointments to the commission, the governor shall designate a member to serve as chairman. The member so designated shall serve in such capacity throughout his or her initial term as a member of the commission and until his or her successor as a chairman shall have been elected by the commission as hereinafter provided.

Following the term of the initial chairman, thereafter the chairman shall be elected by the commission from among its members, and the member so elected shall (1) serve as chairman for a term of three years and until his or her successor shall have been elected, or (2) shall serve in such capacity throughout his or her service as a member of the commission, whichever period is shorter. In the event that a successor chairman is not elected within one hundred eighty calendar days after the expiration of a chairman's term, a vacancy shall be deemed to exist. A member may not serve more than two consecutive terms as chairman, including the initial term.

§11B-2-6. Compensation of members; reimbursement for expenses.

(a) Each member of the commission shall receive two hundred dollars for each day or portion thereof spent in the discharge of his or her official duties. All such payments shall be made from the state gaming control fund.

(b) Each member of the commission shall be reimbursed for all actual and necessary expenses and disbursements involved in the execution of official duties. All such payments shall be made from the state gaming control fund.

§11B-2-7. Meeting requirements.

The commission shall initiate operation of the commission on a continuous basis at the earliest and most practicable time, and under the following conditions:

(1) The commission shall meet within the state at least one time per month and at such times as the chairman may determine. The commission shall also meet upon a call of three or more members upon seventy-two hours written notice to each member.

(2) Three members of the commission constitute a quorum for the transaction of any business and for the performance of any duty.

(3) A majority vote of the members present shall be required for any final determination by the commission.

(4) The commission may elect to meet in executive session after an affirmative vote of a majority of its members present in accordance with section four, article nine-a, chapter six of this code.

(5) The commission shall keep a complete and accurate record of all its meetings in accordance with section five, article nine- a, chapter six of this code.

§11B-2-8. Removal of commission members.

Notwithstanding the provisions of section four, article six,
chapter six of this code, the governor may remove any commission member for cause, incompetence, misconduct, neglect of duty, misfeasance or nonfeasance in office, or after a conviction of, or having pled guilty or nolo contendere to, an offense punishable by imprisonment for more than one year.
ARTICLE 3. RESTRICTIONS ON GAMING CONTROL COMMISSION MEMBERS, COMMISSION EMPLOYEES AND GAMING CONTROL SECTION EMPLOYEES.

§11B-3-1. Restrictions on pre-employment by commission members, commission employees and section employees.

(a) No person shall be appointed to or employed by the commission or section if, during the period commencing three years prior to appointment or employment, said person held any direct or indirect interest in, or any employment by, any person which is licensed as a gaming vessel licensee or a casino licensee pursuant to sections five or six, article six of this chapter, or as a gaming supplier pursuant to section one, article seven of this chapter, or has an application for such a license pending before the commission except as follows:

(1) Such person may be appointed to or employed by the commission or section if, in the opinion of the governor as to appointments and in the opinion of the commission as to
employment, his or her prior interest in any such gaming vessel licensee or casino licensee or a licensed gaming supplier would not interfere with the objective discharge of such person's appointment or employment obligations, and if the licensee or licenseholder in which the person had an interest is publicly traded: Provided, That in no instance shall any person be appointed to or employed by the commission or section if the person's prior interest in such a gaming vessel licensee or casino licensee or licensed gaming supplier constituted a controlling interest in that gaming vessel licensee or casino licensee or licensed gaming supplier; or
(2) Such person may be employed by the commission or section in a secretarial or clerical position if, in the opinion of the employing agency, his or her previous employment by, or prior interest in, any such gaming vessel licensee or casino licensee or licensed gaming supplier would not interfere with the objective discharge of the person's employment obligations.

(b) Prior to appointment or employment, each member of the commission, each commission employee and each section employee shall swear or affirm that:

(1) He or she possesses no interest in, or is not employed
by, any business or organization licensed by or registered with the commission; or
(2) If the person has had such prior interest or previous employment within the three years preceding the appointment or employment, that any such prior interest or previous employment has been fully disclosed to the gaming control section, the commission or the governor, as appropriate, and has been found to fall within the exceptions set forth in subdivisions (1) or (2), subsection (a) of this section.

§11B-3-2. Employment restrictions on commissioners, commission employees and section employees.

(a) No commission member, commission employee or section employee shall have any interest, direct or indirect, in any applicant or in any person licensed by or registered with the commission during his or her term of office or employment.

(b) Each commission employee, including legal counsel, and each section employee shall devote his or her entire time and attention to his or her duties and shall not pursue any other business or occupation or other gainful employment, except as follows:

(1) Secretarial and clerical personnel may engage in such
other gainful employment as shall not interfere with their duties to the commission or section, unless otherwise directed; and
(2) Other commission employees and section employees may engage in such other gainful employment as shall not interfere or be in conflict with their duties to the commission or section, upon approval by the commission or the superintendent of the division of public safety, as the case may be.

(c) No member of the commission, commission employee, or section employee shall:

(1) Use any official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;

(2) Directly or indirectly coerce, attempt to coerce, command or advise any person to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes; or

(3) Take any active part in political campaigns or the management thereof: Provided, That nothing herein shall prohibit a person from voting as he or she chooses or from expressing his or her personal opinions on political subjects and candidates.

§11B-3-3. Application of governmental ethics act; commission's code of ethics.

(a) The "West Virginia Governmental Ethics Act", as set forth in chapter six-b of this code, shall apply to members of the commission and to all commission employees and section employees, except as herein specifically provided.

(1) Each member of the commission, the executive director, and the superintendent of the division of public safety shall file with the West Virginia ethics commission a financial disclosure statement listing all assets and liabilities, property and business interests, and sources of income of said member, executive director, or superintendent and the member's or executive director's or superintendent's spouse and shall provide to the ethics commission a financial disclosure statement listing all assets and liabilities, property and business interests, and sources of income of the parents, brothers, sisters, and children of said member, executive director, or superintendent. Such statement shall be under oath and shall be filed at the time of appointment and annually thereafter.

(2) Each commission employee and section employee, except for secretarial and clerical personnel, shall file with the ethics commission a financial disclosure statement listing all assets and
liabilities, property and business interests, and sources of income of said employee and the employee's spouse. Such statement shall be under oath and shall be filed at the time of employment and annually thereafter.
(b) The commission shall, no later than the first day of January, one thousand nine hundred ninety-six, promulgate a code of ethics that is specific to the commission and the section and that is modeled upon the Code of Judicial Conduct of the American Bar Association, as amended and adopted by the Supreme Court of West Virginia. This code of ethics shall include, but not be limited to, provisions that address the propriety of relationships and dealings between the commission and its staff, the section and its staff, and licensees, licenseholders and applicants for licensure under the gaming control act.

(c) The code of ethics promulgated by the commission shall not be in conflict with the laws of this state, except, however, that the code of ethics may be more restrictive than any law of this state.

(d) The code of ethics promulgated by the commission shall be submitted to the West Virginia ethics commission for its approval. The code of ethics shall include, but not be limited
to, provisions that:
(1) No commission member, commission employee or section employee shall be permitted to gamble in any establishment licensed by the commission except in the course of his or her duties.

(2) No commission member, commission employee or section employee shall solicit or accept employment from any person licensed by or registered with the commission or from any applicant for a period of four years after termination of service with the commission or section, unless subject to section four of this article.

(3) No commission member, commission employee or section employee shall act in his or her official capacity in any matter wherein he or she or his or her spouse, child, parent or sibling has a direct or indirect personal financial interest that might reasonably be expected to impair his or her objectivity or independence of judgment.

(4) No commission member, commission employee or section employee shall act in his or her official capacity in a matter concerning an applicant for licensure or a licensee or licenseholder who is the employer of a spouse, child, parent or
sibling of said commission member, commission employee or section employee when the fact of the employment of such spouse, child, parent or sibling might reasonably be expected to impair the objectivity and independence of judgment of said commission member, commission employee or section employee.
(5) No spouse, child, parent or sibling of a commission member or the executive director shall be employed in any capacity by an applicant for a gaming vessel or casino license or a gaming vessel or casino licensee nor by any holding, intermediary or subsidiary company thereof.

(6) No commission member or the executive director shall meet with any person, except for any other member of the commission, commission employee or section employee, or discuss any issues involving any pending or proposed application or any matter whatsoever which may reasonably be expected to come before the commission, or any member thereof, for determination unless the meeting or discussion takes place on the business premises of the commission: Provided, That commission members or the executive director may meet to consider matters requiring the physical inspection of equipment or premises at the location of the equipment or premises.

§11B-3-4. Post-employment restrictions.

(a) Neither a member of the commission nor the executive director shall hold any direct or indirect interest in, or be employed by, any applicant or by any person licensed by or registered with the commission, for a period of four years commencing on the date his or her membership on, or employment with, the commission terminates.

(b) No commission employee or section employee may acquire any direct or indirect interest in, or accept employment with, any applicant or any person licensed by or registered with the commission, for a period of two years commencing at the termination of employment with the commission or section. At the end of two years, the former employee may acquire an interest in, or accept employment with, any applicant or person licensed by or registered with the commission upon application to and with the approval of the commission, upon a finding that the interest to be acquired or the employment will not create the appearance of a conflict of interest and does not evidence a conflict of interest in fact.

(c) No commission member or person employed by the commission or section shall represent any person or party other
than the state before or against the commission for a period of two years from the termination of his or her office or employment with the commission or section.
(d) No partnership, firm or corporation in which a former commission member, former commission employee or former section employee has an interest, nor any partner, officer or employee of any such partnership, firm or corporation, shall make any appearance or representation which is prohibited to said former member or employee: Provided, That nothing herein shall prohibit such partnership, firm or corporation from making such appearance or representation on behalf of a gaming supplies licenseholder licensed pursuant to section one, article seven of this chapter.

(e) Notwithstanding any post-employment restriction imposed by this section, nothing herein shall prohibit a former commission member, former commission employee or former section employee, at any time after termination of such membership or employment, from acquiring an interest in, or soliciting or obtaining employment with, any person licensed as a gaming supplier pursuant to section one, article seven of this chapter, or any applicant for such licensure.

§11B-3-5. Applicant, licensee and licenseholder liability for violations.

(a) No applicant, licensee or licenseholder shall employ or offer to employ, or provide, transfer or sell, or offer to provide, transfer or sell, any interest, direct or indirect, in any person licensed with the commission to any person restricted from such transactions by the provisions of sections one, two and three of this article.

(b) The commission shall revoke the license of any licensee or licenseholder violating the provisions of this section and shall impose such other sanctions upon an applicant, licensee or licenseholder for violations of this section as are authorized by article ten of this chapter.

§11B-3-6. Enforcement.

(a) The ethics commission established pursuant to the West Virginia governmental ethics act pursuant to chapter six-b of this code shall enforce the provisions of sections one, two, three and four of this article.

(b) Penalties for violations of provisions of the West Virginia governmental ethics act shall be the penalties set forth in that act.

(c) Any person violating any other provision of sections
one, two, three or four of this article, or the rules or code of ethics promulgated thereunder, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail for not more than six months, or fined not more than one thousand dollars, or both such confinement and fine.
ARTICLE 4. POWERS AND DUTIES OF GAMING CONTROL COMMISSION.

§11B-4-1. General duties of gaming control commission.

The gaming control commission shall have general responsibility for the implementation of the gaming control act, as hereinafter provided, including, without limitation, the responsibility for the following:

(a) To review and decide promptly and in reasonable order all license, permit and registration applications and issues affecting the granting, suspension, revocation, or renewal thereof;

(b) To conduct all hearings pertaining to civil violations of the gaming control act or the legislative rules promulgated hereunder;

(c) To propose for promulgation, in accordance with the provisions of chapter twenty-nine-a of this code, such legislative rules as in its judgment may be necessary to fulfill the policies
of the gaming control act;
(d) To formulate and distribute all forms, including application forms, necessary to the implementation of the gaming control act: Provided, That all forms and returns which shall be used for the payment of taxes shall be formulated and distributed by the tax commissioner;

(e) To keep a list of all gaming vessel and casino operators, gaming device operators, and gaming vessel and casino suppliers who are currently licensed;

(f) To keep a record of all commission proceedings available for public inspection;

(g) To file a written annual report to the governor, the president of the Senate and the speaker of the House of Delegates on or before the thirtieth day of January of each year, and such additional reports as the governor or Legislature may request. The annual report shall include:

(1) A statement of receipts and disbursements by the commission and its financial position;

(2) The number and percentage of state residents under training and employed by each licensed gaming vessel and casino;

(3) Actions taken by the commission; and

(4) Any additional information and recommendations that the commission may deem valuable or the governor or Legislature may request.

(h) To collect all license, investigation and registration fees set forth in article eleven of this chapter: Provided, That the commission shall not collect the taxes imposed by article eleven of this chapter or such other license fees or taxes which may be applicable pursuant to other provisions of this code;

(i) To cooperate with the state tax commissioner in the collection of all taxes imposed by article eleven of this chapter or such other taxes as may be applicable pursuant to other provisions of this code;

(j) To levy and collect all criminal and civil penalties imposed in accordance with article ten of this chapter for the violation of provisions of the gaming control act and the legislative rules promulgated hereunder;

(k) To be present, through inspectors and other commission employees and section employees, at all times during the operation of any gaming vessel or casino for the purpose of certifying the revenue thereof, receiving complaints from the public relating to the conduct of gaming operations, examining records of revenues
and procedures, and conducting periodic reviews of operations and facilities for the purpose of evaluating current or suggested provisions of the gaming control act and the legislative rules promulgated hereunder;
(l) To refer to the gaming control section, for investigation and prosecution, any evidence of a violation of the gaming control act and the legislative rules promulgated hereunder; and

(m) To review and rule upon any complaint by a gaming vessel licensee or a casino licensee regarding any investigative procedures of the gaming control section which are alleged to be unnecessarily disruptive of gaming operations.

§11B-4-2. General powers of gaming control commission.

(a) In enforcing the provisions of the gaming control act, the commission shall have the power and authority to:

(1) Deny any application;

(2) Limit or restrict any license, permit or registration;

(3) Suspend or revoke any license, permit or registration; and

(4) Impose a penalty on the holder of any license, permit or registration for any cause set forth in the gaming control act
or the legislative rules promulgated hereunder.
(b) In addition to powers relating to licensure, the commission shall have the power and authority to:

(1) Require that a gaming employee be removed from his or her job, subject to the requirements for fair hearing set forth in article nine of this chapter;

(2) Eject or exclude, or authorize the ejection or exclusion of, any person from a gaming vessel or casino if the person interferes with the orderly conduct of vessel gaming, is in violation of section sixteen, article ten of this chapter, or is in violation of any other applicable provisions of this chapter or any rule adopted pursuant hereto; and

(3) Exercise such other powers as may be necessary to effectuate the provisions of the gaming control act.

§11B-4-3. Appointment of executive director; duties; compensation.

(a) There is hereby created the position of executive director whose duties include the ministerial management and administration of the office of the state gaming control commission. The executive director shall:

(1) Be appointed by the commission within sixty days after
the appointment of the initial slate of commission members;
(2) Serve at the pleasure of the commission, and shall not be replaced unless three commission members vote in the affirmative;

(3) Serve on a full-time basis and shall not engage in any other profession or occupation, including the holding of a political office in the state either by election or appointment, while serving as executive director;

(4) Be of good repute, particularly in the areas of honesty and integrity and shall favorably pass a thorough background investigation, including finger printing and criminal investigation, prior to appointment;

(5) Have at least ten years of responsible administrative experience, possess broad management skills, and have knowledge of the practices, procedures and principles of the gaming industry.

(6) Not be a licensee or licenseholder, or spouse, child or parent of a licensee or licenseholder, or otherwise be subject to the regulation of the commission, or be a member of or subject to the regulation of the West Virginia Racing Commission or the West Virginia Lottery Commission;

(7) Not have a financial interest in any activity regulated by or receive compensation from a person regulated by the commission;

(8) Not have been convicted of, or pled guilty or nolo contendere to, a felony or a gaming-related misdemeanor; and

(9) Meet such eligibility requirements as may be otherwise set forth in this chapter or adopted by rule of the commission.

(b) The duties of the executive director shall encompass the following:

(1) Direct and administer the daily operations of the commission;

(2) Collect the fees and penalties imposed under article eleven of this chapter or rules adopted by the commission;

(3) Cooperate with the tax commissioner for the collection of all taxes imposed by article eleven of this chapter and such other taxes as may be applicable in accordance with other provisions of this code;

(4) Administer the state gaming control fund created pursuant to section two, article eleven of this chapter;

(5) Keep the records and papers of the commission, including
a record of each proceeding;
(6) Administer the licensing of individuals who work in connection with vessel and casino gaming;

(7) Prepare, issue and submit reports of the commission;

(8) Perform any other duty that the commission directs.

(c) All payments to the executive director as compensation shall be made from the state gaming control fund. The executive director is entitled to:

(1) A reasonable and competitive compensation package to be established by the commission; and

(2) Reimbursement for expenses under the standard state travel regulations.

§11B-4-4. Employment of commission staff; conditions of employment; contracts for services.

With the approval of the commission, the executive director may employ such professional, clerical, technical and administrative personnel as the executive director deems necessary for the performance of the ministerial duties of the commission. These employees shall be state employees hired in accordance with article six, chapter twenty-nine of this code, as may be necessary to carry out the provisions of this article. All such employees
shall be hired in accordance with the provisions of article three of this chapter and, as a condition of employment with the commission, each employee of the commission shall provide the commission with the individual's fingerprints and any other relevant material requested to assist in a thorough background investigation. The fingerprints and any other relevant material shall be taken and investigated by the gaming control section.
With the approval of the commission, the executive director may contract for professional and technical services, including legal, financial, engineering, architectural and other services necessary or expedient in the conduct of the commission's affairs.

§11B-4-5. Investigative powers.

(a) The commission has the authority to conduct investigations and, in accordance with the provisions of article nine of this chapter, investigative hearings concerning the conduct of licensees and licenseholders, of gaming employees, of gaming and gaming operations, and the development and well-being of the gaming industry.

(b) In conducting an investigation or an investigative hearing, the commission has the power and authority to:

(1) Issue subpoenas to compel the attendance of witnesses
and the production of evidence at any place within this state;
(2) To administer oaths and to require testimony under oath before the commission or the gaming control section in the course of any investigation or hearing conducted pursuant to the provisions of the gaming control act;

(3) To serve, or cause to be served, its process or notices in the same manner as is provided for the service of process and notice in civil actions under the rules of civil procedure for trial courts of record;

(4) To propound written interrogatories and to authorize and empower the gaming control section to propound written interrogatories; and

(5) To appoint hearing examiners for hearings to be held before the commission or the gaming control section, and to delegate to such hearing examiners the power and authority to administer oaths, issue subpoenas and require testimony under oath.

§11B-4-6. Testimonial immunity.

The commission may order any person to answer a question or questions or produce evidence of any kind and confer immunity as provided in this section. If, in the course of any investigation
or hearing conducted under this act, a person refuses to answer a question or produce evidence on the ground that he or she will be exposed to criminal prosecution thereby, then in addition to any other remedies or sanctions provided for by this act, the commission may, by resolution of four of its members and after the written approval of the attorney general, issue an order to answer or to produce evidence with immunity.
If, upon issuance of such an order, the person complies therewith, that person shall be immune from having such responsive answer given by him or her, or such responsive evidence produced by him or her, or evidence derived therefrom, used to expose him or her to criminal prosecution, except that such person may nevertheless be prosecuted for any perjury committed in such answer or in producing such evidence, or for contempt for failing to give an answer or produce evidence in accordance with the order of the commission: Provided, That no period of incarceration for contempt shall exceed eighteen months in duration pursuant to this section. Any such answer given or evidence produced shall be admissible against him or her upon any criminal investigation, proceeding or trial against him or her for such perjury; upon any investigation, proceeding or trial against him or her for such
contempt; or in any manner consonant with state and constitutional provisions.
§11B-4-7. Collection of fees and penalties.

At any time within five years after any amount of fees or penalties authorized or required to be collected pursuant to the provisions of the gaming control act shall become due and payable, the commission may bring a civil action in the courts of this state or any other state or of the United States, in the name of the state of West Virginia, to collect the amount delinquent, together with penalties and interest. An action may be brought whether or not the person owing the amount is at such time an applicant, licensee, licenseholder, permittee or registrant pursuant to the provisions of the gaming control act. If such action is brought in this state, a writ of attachment may be issued and no bond or affidavit prior to the issuance thereof is required. In all actions in this state, the records of the commission are prima facie evidence of the determination of the fee or penalty or the amount of the delinquency.

§11B-4-8. Required rulemaking.

The commission shall, without limitation on the powers conferred in subsection (c), section one of this article, include
within its legislative rules the following specific provisions in accordance with the provisions of the gaming control act:
(1) Prescribing the methods and forms of application which any applicant shall follow and complete prior to consideration of the application by the commission, which rules, with respect to an application for a gaming license, shall require such schematics, diagrams and plans as shall assure the commission that the proposal is suitable by law enforcement, aesthetic and architectural standards;

(2) Describing all gambling games approved by the commission to be played in licensed gaming vessels or casinos in accordance with rules to be adopted by the commission;

(3) Identifying gaming devices within the vessel or casino gaming operation which require licensed operators, and adopt standards for licensing gaming device operators;

(4) Determining which gaming employees shall be licensed in addition to those required to be licensed by articles five and seven of this chapter, and determining which gaming employees and other persons shall be permitted or registered or otherwise determined to be qualified for association with the gaming industry;

(5) Prescribing the methods, procedures and form for delivery of information concerning any person's family, habits, character, associates, criminal record, business activities and financial affairs;

(6) Prescribing procedures for the fingerprinting of an applicant, employee of a licensee, licenseholder, permittee or registrant, and establishing other methods of identification which may be necessary in the judgment of the commission to accomplish effective enforcement of restrictions on access to a gaming vessel or casino floor, and other restricted areas of a gaming operation;

(7) Prescribing the manner and procedure of all hearings conducted by the commission or any hearing examiner, including special rules of evidence applicable thereto and notices thereof;

(8) Prescribing the manner and method of collection of payments of fees and penalties;

(9) Prescribing, in cooperation with the tax commissioner, the manner and method in which a licensee shall calculate the adjusted gross receipts of the license, including a rule regarding a deduction from gross receipts for uncollectible receivables, including wagerers' checks received by gaming operations, which amount shall not be more than two percent;

(10) Defining and limiting the areas of operation, the rules of authorized games, odds, and devices permitted, and the method of operation of such games and devices;

(11) Regulating the practice and procedures for negotiable transactions involving patrons, including, but not limited to, the use of cash, credit, checks, chips, coupons, vouchers in the conduct of gaming, including limitations on the circumstances and amounts of such transactions, and the establishment of forms and procedures for negotiable instrument transactions, redemptions, and consolidations;

(12) Prescribing grounds and procedures for the revocation or suspension of operating certificates, licenses, permits and registrations;

(13) Governing the manufacture, distribution, sale, and servicing of gaming devices and equipment;

(14) Prescribing for gaming operations the procedures, forms and methods of management controls, including employee and supervisory tables of organization and responsibility, and minimum security standards, including security personnel structure, alarm and other electrical or visual security measures;

(15) Prescribing the qualifications of, and the conditions
pursuant to which, engineers, accountants, and others shall be permitted to practice before the commission or to submit materials on behalf of any applicant or licensee: Provided, That no member of the Legislature, nor any firm with which said member is associated, shall be permitted to appear or practice or act in any capacity whatsoever before the commission or division regarding any matter whatsoever, nor shall any member of the family of the Governor or of a member of the Legislature be permitted to so practice or appear in any capacity whatsoever before the commission or division regarding any matter whatsoever;
(16) Prescribing minimum procedures for the exercise of effective control over the internal fiscal affairs of a licensee, including provisions for the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness, and the maintenance of reliable records, accounts, and reports of transactions, operations and events, including reports to the commission;

(17) Providing for a minimum uniform standard of accounting methods, procedures and forms; a uniform code of accounts and accounting classifications; and such other standard operating procedures, including those controls required by section four,
article eight of this chapter, as may be necessary to assure consistency, comparability, and effective disclosure of all financial information, including calculations of percentages of profit by games, tables, gaming devices and slot machines;
(18) Requiring periodic financial reports and the form thereof, including an annual audit prepared by a certified public accountant licensed to do business in this state, attesting to the financial condition of a licensee and disclosing whether the accounts, records and control procedures examined are maintained by the licensee as required by this act and the rules promulgated hereunder;

(19) Governing the gaming-related advertising of licensees, their employees and agents, with the view toward assuring that such advertisements are in no way deceptive: Provided, That such rules: (A) shall not prohibit the advertisement of a gaming vessel or casino location, hours of operation, or types of games and other amenities offered; (B) shall not prohibit the advertisement of information about odds, the number of games, and the size of the gaming vessel or casino facility; and (C) shall require the words "Bet with your head, not over it," or some comparable language approved by the commission, to appear on all billboards,
signs, and other on-site advertising of a gaming vessel or casino operation and shall require the words "If you or someone you know has a gambling problem and wants help, call 1-800-XXXXXX," or some comparable language approved by the commission, which language shall include the words "gambling problem" and "call 1-800- XXXXXX," to appear legibly on all print, billboard, and sign advertising of a gaming vessel or casino operation; and
(20) Governing the distribution and consumption of alcoholic beverages on a gaming vessel or in a casino, which legislative rules shall, insofar as possible, be consistent with chapter sixty of this code, and shall deviate only insofar as necessary because of the unique character of the gaming vessel or casino premises and operations.

§11B-4-9. Emergency rulemaking.

Any rules promulgated by the commission before the first day of September, one thousand nine hundred ninety-five, may be by emergency rule.

ARTICLE 5. LICENSURE GENERALLY.

§11B-5-1. Licenses required; nontransferability; privilege.

(a) In addition to all other licenses required by the state or local governing body as may apply, licenses are required for
the following purposes:
(1) To operate a gaming vessel or casino whenever the person engages in the business of operating a gaming vessel or casino in the state;

(2) To supply a gaming vessel or casino whenever the person engages in the business of supplying gaming supplies in excess of fifty thousand dollars annually to a gaming vessel or casino in the state;

(3) To operate a gaming device whenever the individual engages in the business of operating a gaming device in the state;

(4) To be employed in a capacity in which the individual has been designated as a key employee by the gaming control commission;

(5) To be an employee, agent, guardian, personal representative, lender or holder of an indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise significant influence over the licensee's operation of a gaming establishment; and

(6) To be employed in any other capacity in which the individual is required by rules of the gaming control commission to obtain a license.

(b) The sale, assignment, transfer, or other turnover of a license, or an interest in a license, by lease, contract, understanding, or arrangement of any kind, is prohibited without the approval of the commission, in accordance with rules to be adopted by the commission. The sale, assignment, transfer, pledge, or disposition of a security or securities representing five percent or more of the total outstanding shares issued by a corporation that holds a license is conditional and ineffective unless approved by the commission.

(c) No person shall have a right of action to obtain any license, and the issuance thereof is a pure and absolute revocable privilege and not a right, property or otherwise, under the constitutions of the United States or this state. No licensee or licenseholder acquires any vested interest or right therein or thereunder.

§11B-5-2. General provisions.

(a) A person shall not engage in the business of, attempt to engage in the business of, or offer to engage in the business of operating a gaming vessel or casino, supplying a gaming vessel or casino with gaming supplies, or operating a gaming device, in this state, unless licensed, permitted or registered by the gaming
control commission and operating in compliance with the provisions of the gaming control act.
(b) Every person who applies for or holds a license, permit or registration pursuant to the provisions of the gaming control act has the affirmative responsibility to meet the following requirements by clear and convincing evidence:

(1) In the case of a person who is an applicant or holder of a license to operate a gaming vessel or casino, the person is required to establish and maintain the applicant's or licensee's individual qualifications, the personal qualifications of the applicant's or licensee's officers, employees or agents, and the qualifications of the gaming vessel or casino in which gaming is to be or is being conducted;

(2) In the case of any other person, other than one who is an applicant or holder of a license to operate a gaming vessel or casino, the person is required to establish and maintain his or her qualifications for the particular license, permit or registration applied for or held by that person.

(c) Any applicant, licensee, licenseholder, permittee, registrant, or any other person who is required to be qualified pursuant to the gaming control act, shall provide all information
required by the act and satisfy all requests for information pertaining to his or her qualification in the form specified by the gaming control commission. All applicants, licensees, licenseholders, permittees and registrants shall waive liability as to the State of West Virginia, the gaming control commission, the gaming control section, and each of their instrumentalities, employees and agents, for any damages resulting from any disclosure or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations or hearings.
(d) Any applicant, licensee, licenseholder, permittee, registrant, or any other person who is required to be qualified pursuant to the gaming control act, shall include on the application the full name, social security number, residence, date of birth and other personal identifying information of the applicant that the commission considers necessary to assure that the applicant is of good character and reputation and at least twenty-one years old. The application and any supplemental information required by the commission or section shall be on such forms as may be required by the commission or section. The application shall indicate whether the applicant has (1) a record
of conviction of, or plea of guilty or nolo contendere to, a felony; (2) an active addiction to alcohol or a controlled substance; or (3) a history of mental illness or repeated acts of violence. An applicant shall submit pictures, fingerprints, and descriptions of physical characteristics to the commission in the manner prescribed on the application forms. All applicants shall pay the investigation fee required by sections six and seven, article eleven of this chapter, that is in addition to any applicable application fee, to defray the costs associated with the search and classification of fingerprints and other aspects of the investigation. Upon payment of the fee and before a license is granted, the gaming control section shall conduct a thorough background investigation of the applicant for a license. (e) Notwithstanding any other provision of this section or chapter to the contrary, any applicant may indicate that the applicant has been previously licensed in another state, and the commission may request and rely on the prior investigation and licensure if, in the opinion of the commission, the prior investigation and licensure adequately evidences that the applicant is qualified for licensure.
(f) All applicants, licensees, licenseholders, permittees,
registrants, intermediary companies, and holding companies shall consent to inspections, searches and seizures, and the supplying of handwriting exemplars, as authorized by the gaming control act and the legislative rules promulgated hereunder.
(g) As a condition of licensure and notwithstanding the separate licensure of the facility as a private club pursuant to article seven, chapter sixty of this code, all applicants, licensees, licenseholders, permittees and registrants shall consent to commission members, commission employees or section employees to search without a warrant any of the licensee or licenseholder's person, personal property and effects, and gaming premises or other facilities or premises adjacent to the gaming premises which are under the control of the licensee and to inspect or investigate for criminal violations of this chapter or violations of rules adopted by the commission.

(h) All applicants, licensees, licenseholders, permittees, registrants, and any other persons who are required to be qualified pursuant to the gaming control act, have a continuing duty to provide any assistance or information required by the gaming control commission, the gaming control section or the tax commissioner, and to cooperate in any inquiry or investigation
conducted by the section and any inquiry, investigation, or hearing conducted by the commission or the tax commissioner. If, upon issuance of a formal request to answer or produce information, evidence or testimony, any applicant, licensee, licenseholder, permittee or registrant, or any other person who is qualified or who seeks to be qualified pursuant to the gaming control act, refuses to comply, the application, license, permit, registration or qualification of such person may be denied, suspended or revoked by the commission.
(i) No applicant, licensee, licenseholder, permittee or registrant shall give or provide, or offer to give or provide, directly or indirectly, any compensation or reward or any percentage or share of the money or property played or received through gaming, except as authorized by the gaming control act, in consideration for obtaining any license, permit, registration, authorization or privilege to participate in any way in gaming operations.

(j) Each applicant who is required to be qualified under the gaming control act shall agree to be photographed and fingerprinted for identification and investigation purposes, in accordance with procedures established by the gaming control
commission.
(k) All applicants, licensees, licenseholders, permittees, registrants, and other persons required to be qualified under the gaming control act, and all gaming employees and employees of a gaming supplier licensed pursuant to this chapter, have a duty to inform the commission or section of any action which they believe would constitute a violation of the act. No person who so informs the commission or the section shall be discriminated against by an applicant, licensee, licenseholder, permittee or registrant because of the supplying of such information.

(l) Any person who is required to be qualified pursuant to the gaming control act in order to hold the securities of a gaming vessel or casino licensee or any holding or intermediary company of a gaming vessel or casino licensee of this chapter may apply for qualification status prior to the acquisition of any such securities. The commission may determine to accept such an application upon a finding that there is a reasonable likelihood that, if qualified, the applicant will obtain and hold securities of a licensee sufficient to require qualification. Such applicant is subject to the provisions of this section and shall pay for the costs of all investigations and proceedings in relation to the
application unless the applicant provides to the gaming control commission an agreement with a gaming vessel or casino licensee which states that the licensee shall pay those costs.
(m) Character references may be required of persons licensed required to be licensed pursuant to the provisions of this article: Provided, That the character references shall not be obtained from persons in the same or similar occupations or professions in other states.

(n) Each applicant, licensee, licenseholder, permittee or registrant shall give the commission written notice of any change of address, and any other relevant material.

(o) Each applicant, licensee, licenseholder, permittee and registrant under the provisions of the gaming control act shall cooperate with the gaming control section in the performance of its duties.

§11B-5-3. Disqualification criteria.

The commission shall deny a license, permit or registration to any applicant who is disqualified on the basis of any of the following criteria:

(a) Failure of the applicant to prove by clear and convincing evidence that the applicant is qualified in accordance
with the provisions of the gaming control act;
(b) Failure of the applicant to provide information, documentation and assurances required by the act or requested by the commission, or failure of the applicant to reveal any fact material to qualification, or the supplying of information which is untrue or misleading as to a material fact pertaining to the qualification criteria;

(c) The conviction of, or plea of guilty or nolo contendere by, the applicant, or any person required to be licensed, permitted, registered or otherwise qualified under the gaming control act as a condition of licensure or employment, of any offense in any jurisdiction which would be:

(1) A felony or a misdemeanor punishable for a period of one year or more;

(2) Any gaming-related misdemeanor; or

(3) Any other offense under West Virginia or federal law which indicates that licensure of the applicant would be inimical to the policy of the gaming control act and to gaming operations: Provided, That the automatic disqualification provisions of this subsection shall not apply with regard to any conviction or plea of guilty or nolo contendere which did not occur within the
ten-year period immediately preceding application for licensure and which the applicant demonstrates by clear and convincing evidence does not justify automatic disqualification pursuant to this subsection and any conviction or plea of guilty or nolo contendere which has been the subject of a judicial order of expungement or sealing;
(d) Current prosecution or pending charges in any jurisdiction of the applicant, or any person required to be licensed, permitted, registered or otherwise qualified under the gaming control act as a condition of employment or licensure, for any of the offenses enumerated in subsection (c) of this section: Provided, That at the request of the applicant or the person charged, the commission shall defer decision upon such application during the pendency of such charge;

(e) The pursuit by the applicant, or any person required to be licensed, permitted, registered or otherwise qualified under the gaming control act as a condition of employment or licensure, of economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of this state, if such pursuit creates a reasonable belief that the participation of such person in gaming operations would be inimical to the
policies of this act or to legalized gaming in this state. For purposes of this section, occupational manner or context shall be defined as the systematic planning, administration, management, or execution of an activity for financial gain;
(f) The identification of the applicant, or any person required to be licensed, permitted, registered or otherwise qualified under the gaming control act as a condition of employment or licensure, as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates a reasonable belief that the association is of such a nature as to be inimical to the policy of the gaming control act and to gaming operations. For purposes of this section, career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of this state. A career offender cartel shall be defined as any group of persons who operate together as career offenders;

(g) The commission by the applicant, or any person required to be licensed, permitted, registered or otherwise qualified under the gaming control act as a condition of employment or licensure,
of any act or acts which would constitute any offense under subsection (c) of this section, even if such conduct has not been or may not be prosecuted under the criminal laws of this state or any other jurisdiction or has been prosecuted under the criminal laws of this state or any other jurisdiction and such prosecution has been terminated in a manner other than with a conviction or plea; and
(h) Contumacious defiance by the applicant, or any person required to be licensed, permitted, registered or otherwise qualified under the gaming control act as a condition of employment or licensure, of the commission, of any legislative investigatory body, or of any other official investigatory body of any state or of the United States when such body is engaged in the investigation of crimes relating to gaming, official corruption, or organized crime activity.

(i) Substantial evidence that the applicant for a license: (1) Has been suspended from operating a gambling game, gaming device or gambling operation in another jurisdiction by a board or commission of that jurisdiction;

(2) Has not demonstrated financial responsibility sufficient to meet adequately the requirements of the enterprise proposed;

(3) Is not the true owner of the enterprise proposed;

(4) Is not the sole owner, and other persons have ownership in the enterprise which fact has not been disclosed;

(5) Is a corporation and five percent of the stock of the corporation is subject to a contract or option to purchase at any time during the period for which the license is issued unless the contract or option was disclosed to the commission and the commission approved the sale or transfer during the period of the license;

(6) Has knowingly made a false statement of a material fact to the commission; or

(7) Has been convicted of, or has pled guilty or nolo contendere to, a felony or other crime involving moral turpitude.

(j) Any grounds for license revocation or reprimand set forth in section five of this article shall be grounds for denial of an application.

(k) An incomplete application is cause for denial of a license by the commission.

§11B-5-4. Licenses; display of license.

(a) The commission shall include on each license that the commission issues:

(1) The type of license;

(2) The identity and address of the licensee or licenseholder;

(3) The effective date of the license; and

(4) Any other information the commission deems appropriate. (b) Each licensee or licensed gaming supplier shall display the license conspicuously in the office or place of business of the licensee. Each holder of a license to operate a gaming device or be employed by a gaming vessel shall carry the license on his or her person and have some indicia of licensure prominently displayed on his or her person.

(c) Each licensee shall keep a copy of all other required licenses, permits, inspection certificates, and similar documents on the premises wherein gaming or other activity which requires a license under this chapter is being conducted at all times.

§11B-5-5. License revocation and reprimand.

(a) Subject to the hearing provisions of article nine of this chapter, the commission, by the affirmative vote of a majority of its members, may reprimand any licensee or licenseholder, or suspend or revoke a license, if the licensee, or an individual holding a controlling interest in the licensee,
or the licenseholder:
(1) Fraudulently or deceptively obtained the license;

(2) Fraudulently or deceptively uses a license;

(3) Operates without an operation certificate required by section one, article eight of this chapter;

(4) Is convicted of, or pled guilty or nolo contendere to, a felony under the laws of this state, another state, a territory of the United States or the United States;

(5) Employs a key employee who does not meet the qualifications for licensure as a key employee, or who is convicted of, or pled guilty or nolo contendere to, a felony under the laws of this state, another state, a territory of the United States or the United States, or who has had a gaming industry license revoked by this state or any other state;

(6) Fails to perform any act required by section two of this article; or

(7) Commits any act in violation of or prohibited in section three of this article, or any other provision of this chapter.

(b) Instead of or in addition to reprimanding a licensee or licenseholder or suspending or revoking a license, the commission may impose a civil penalty pursuant to section seventeen, article
ten of this chapter.
The commission may hold a hearing to reprimand a licensee or licenseholder or suspend or revoke a license at any time subject to the affirmative vote of a majority of its members and shall hold such licensing hearings at the written request of the gaming control section in the division of public safety.

ARTICLE 6. GAMING LICENSES.

§11B-6-1. Classification of vessel gaming locations for purposes of licensure.

(a) A Class A vessel gaming location is a geographical area on or contiguous to the Ohio, Kanawha or Monongahela Rivers where vessel gaming operations may be conducted, and which meets the following criteria:

(1) The location, or the docking area for the location, is within the boundaries of a municipality which is a Class I or Class II municipal corporation as defined in section three, article one, chapter eight of this code, based on population determined by reference to the decennial census taken in the year one thousand nine hundred ninety under the authority of the United States; and

(2) The municipality:

(A) Has a "paid police department" as that term is defined in section one, article fourteen, chapter eight of this code;

(B) Has a "paid fire department" as that term is defined in section nine, article fifteen, chapter eight of this code; and

(C) Has within its boundaries a hospital subject to licensure as such under the provisions of article five-b, chapter sixteen of this code which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons;

(b) A Class B vessel gaming location is a geographical area on or contiguous to the Ohio, Kanawha or Monongahela Rivers where vessel gaming operations may be conducted, and which does not meet one or more of the criteria necessary to be classified as a Class A gaming location.

§11B-6-2. Classification of casino locations for purposes of licensure.

(a) A casino shall only be located at a resort hotel as defined in subsection (42), section three, article one of this chapter. A resort hotel may annex additional buildings or facilities to increase the amount of its meeting, exhibition,
dining, entertainment, sports and kitchen support facilities space: Provided, That a single building contains at least six hundred fifty guest rooms. In no event shall the main entrance or only access to an approved resort hotel be through a casino.
(b) A Class A resort hotel location is a location where casino gaming operations may be conducted and where the casino gaming is restricted to overnight guests of the resort hotel, which resort hotel shall be located on a parcel of real estate in a county not contiguous to the Ohio, Kanawha or Monongahela Rivers and which resort hotel shall not be within sixty-five air miles of a Class A or B vessel gaming location.

(c) A Class B resort hotel location is a location where casino gaming operations may be conducted, where the casino gaming is not restricted to overnight guests of the resort hotel, and where the resort hotel has at least two golf courses and other substantial recreational facilities and guest amenities, at least fifty thousand square feet of meeting space, and is situate on a parcel of real estate which:

(1) has a boundary that is within ten miles of a portion of the border of the state of West Virginia;

(2) is in a county not contiguous to the Ohio, Kanawha or
Monongahela Rivers; and
(3) is not within sixty-five air miles of a Class A or B vessel gaming location.

§11B-6-3. Local approval of gaming location required.

(a) The gaming control commission may issue a license under this chapter to allow a gaming vessel to operate in a Class A gaming location only after the voters of the municipality have approved the conducting of gaming activities within the municipality in accordance with the provisions of article twelve of this chapter: Provided, That the gaming control commission may issue a license to operate in a Class A gaming location if the majority of voters residing in the municipality and voting in a county-wide election held in accordance with section one, article twelve of this chapter voted to approve gaming activity.

(b) The gaming control commission may issue a license under this chapter to allow a gaming vessel to operate in a Class B gaming location only after the voters of the county have approved the conducting of gaming activities within the county in accordance with the provisions of article eleven of this chapter.

(c) The gaming control commission may issue a license under this chapter to allow a casino to operate in a Class A or B casino
gaming location only after the voters of the county have approved the conducting of gaming activities within the county in accordance with the provisions of article eleven of this chapter.
§11B-6-4. Licenses to conduct gaming.

(a) The commission may issue not more than eight gaming licenses, authorizing licensees to conduct gaming on gaming vessels. Each such licensed gaming vessel shall be located in a Class A or Class B gaming location, as described in subsections (a) and (b), section one of this article. No more than one license shall be issued to operate the same gaming vessel, and each gaming vessel shall have its own license.

(b) The commission may issue not more than of two gaming licenses authorizing licensees to conduct gaming in casinos. One such licensed casino shall be located at a Class A casino gaming location, as set forth in subsection (6), section two of this article, and one such licensed casino shall be located at a Class B casino gaming location, as set forth in subsection (c), section two of this article.

(c) No license shall be issued unless the applicant has already made or commits to make a capital investment in the gaming facility of at least one million dollars per one thousand square
feet of area where gaming will be conducted, or, through a combination of existing and projected capital investment, meets the minimum investment required by this subsection. The valuation of an existing or projected capital investment shall be in accordance with rules to be promulgated by the commission, and any existing capital investment shall deduct all accumulated depreciation: Provided, That the existing capital investment shall be at least equal to the assessed value of the real property. An applicant shall be given a credit against the capital investment requirements of this subsection in an amount equal to fifty percent of the replacement cost, as determined by a certified MAI appraisal, of that applicants existing structures and facilities which were in place prior to the first day of January, one thousand nine hundred niney-three, and one hundred percent of the replacement cost of the land and one hundred percent of the actual cost of any structures, facilities or improvements constructed after the first day of January, one thousand nine hundred ninety-three, at the gaming location.
(d) No person shall be issued or shall be the holder of more than two licenses to operate a gaming vessel, no person shall be issued more than one license to operate a casino, and no person
shall be issued more than two licenses. For the purpose of this subsection a person shall be considered the holder of a gaming vessel license if such license is issued to such person or if such license is held by any holding, intermediary or subsidiary company thereof, or by any officer, director or key employee of such person, or of any holding, intermediary or subsidiary company thereof.
(e) Nothing herein shall require the commission to issue the number of licenses authorized by this section.

(f) A license may only by granted to an applicant upon the express condition that a licensee shall not, by a lease, contract, understanding, or arrangement of any kind, grant, assign or turn over to a person the operation of a licensed gaming vessel or casino: Provided, That the licensee shall not be prohibited from entering into a management contract approved by the commission.

§11B-6-5. Applicant eligibility for gaming license to conduct gaming on gaming vessel.

(a) In addition to all other eligibility requirements required by this article, to be eligible to hold a gaming vessel license:

(1) The person shall own or have at least a twenty year
lease on a gaming vessel that meets all the qualifications specified in the rules to be adopted by the commission, or have a contract to purchase, lease or construct a gaming vessel that meets such qualifications within thirty months or within such additional time period as the commission may, upon a showing of good cause therefor, establish and
(2) The person shall organize into such form or forms of business association as the commission shall deem necessary or desirable in the circumstances to carry out the policies of the gaming control act;

(b) In a case where there is an agreement for persons to jointly own a gaming vessel or the dock associated therewith, the agreement shall provide that each party thereto shall be jointly and severally liable for all acts, omissions and violations of this act by any party thereto regardless of actual knowledge of such act, omission or violation.

(c) If the applicant is a corporation, the corporation shall meet all the requirements set forth in section eight of this article unless the applicant is a publicly traded corporation exempted pursuant to the provisions of section nine of this article.

(d) The provisions of section eight of this article shall apply with the same force and effect with regard to gaming vessel license applicants and gaming vessel licensees which have a form of organization that is other than corporate, to the extent the application of those provisions is appropriate.

§11B-6-6. Applicant eligibility for gaming license to conduct casino gaming.

(a) In addition to all other eligibility requirements required by this article, to be eligible to hold a casino license:

(1) The person shall either own a resort hotel or own or have a contract to purchase or construct a hotel which in the judgment of the commission can become a resort hotel within thirty months or within such additional time period as the commission may, upon a showing of good cause therefor, establish; and

(2) The person shall organize into such form or forms of business association as the commission shall deem necessary or desirable in the circumstances to carry out the policies of the gaming control act;

(b) In a case where there is an agreement for persons to jointly own a resort hotel or the land hereunder, the agreement shall provide that each party thereto shall be jointly and
severally liable for all acts, omissions and violations of this act by any party thereto regardless of actual knowledge of such act, omission or violation.
(c) If the applicant is a corporation, the corporation shall meet all the requirements set forth in section eight of this article unless the applicant is a publicly traded corporation exempted pursuant to the provisions of section nine of this article.

(d) The provisions of section eight of this article shall apply with the same force and effect with regard to casino gaming license applicants and casino gaming licensees which have a form of organization that is other than corporate, to the extent the application of those provisions is appropriate.

§11B-6-7. Requirements for applicants for license to conduct gaming.

Any applicant for a gaming vessel or casino license shall produce information, documentation and assurances concerning the following qualification criteria:

(a) Each applicant shall produce such information, documentation and assurances concerning financial background and resources as may be required to establish by clear and convincing
evidence the financial stability, integrity and responsibility of the applicant, including but not limited to bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. In addition, each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the commission or the section.
(b) Each applicant shall produce such information, documentation and assurances as may be necessary to establish by clear and convincing evidence the integrity of all financial backers, investors, mortgagees, bond holders, and holders of indentures, notes or other evidences of indebtedness, either in effect or proposed, which bears any relation to the proposal submitted by the applicant or applicants: Provided, That this section shall not apply to banking or other licensed lending institutions exempted from the qualification requirements of subsection (d), section eight of this article and institutional investors waived from the qualification requirements of those subsections pursuant to the provisions of subsection (f), section eight of this article. Any such banking or licensed lending
institution or institutional investor shall, however, produce for the commission or the section upon request any document or information which bears any relation to the proposal submitted by the applicant or applicants. The integrity of financial sources shall be judged upon the same standards as the applicant. In addition, the applicant shall produce whatever information, documentation or assurances as may be required to establish by clear and convincing evidence the adequacy of financial resources both as to the completion of the proposal and the operation of the gaming vessel or casino.
(c) Each applicant shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's good character, honesty and integrity. Such information shall include, without limitation, information pertaining to family, habits, character, reputation, criminal and arrest record, business activities, financial affairs, and business, professional and personal associates, covering at least the ten-year period immediately preceding the filing of the application. Each applicant shall notify the commission of any civil judgments obtained against any such applicant pertaining to antitrust or security regulation laws
of the federal government, of this state or of any other state, jurisdiction, province or country. In addition, each applicant shall produce letters of reference from law enforcement agencies having jurisdiction in the applicant's place of residence and principal place of business, which letters of reference shall indicate that such law enforcement agencies do not have any pertinent information concerning the applicant, or if such law enforcement agency does have information pertaining to the applicant, shall specify what the information is. If the applicant has conducted gaming operations in a jurisdiction which permits such activity, the applicant shall produce letters of reference from the gaming or casino enforcement or control agency which shall specify the experiences of such agency with the applicant, his or her associates, and his or her gaming operation: Provided, That if no such letters are received within sixty days of request therefor, the applicant may submit a statement under oath that he or she is or was during the period such activities were conducted in good standing with such gaming or casino enforcement or control agency.
(d) Each applicant shall produce such information, documentation and assurances as may be required to establish by
clear and convincing evidence that the applicant has sufficient business ability and experience in gaming operations as to establish the likelihood of creation and maintenance of a successful, efficient gaming vessel or casino operation. The applicant shall produce the names of all proposed key employees as they become known and a description of their respective or proposed responsibilities, and a full description of security systems and management controls proposed for the gaming vessel or casino, and related facilities.
(e) Each applicant shall produce such information, documentation and assurances to establish to the satisfaction of the commission the suitability of the gaming vessel or casino and its proposed location will not adversely affect gaming operations or overall environmental conditions, a market impact study which analyzes the adequacy of the patron market and the effect of the proposal on such market and on any existing vessel gaming or casino facilities licensed under the gaming control act, and an analysis of the effect of the proposal on the overall environment, including, without limitation, economic, social, demographic and competitive conditions as well as the natural resources of the state of West Virginia.

(f) No applicant shall be eligible to hold a gaming vessel or casino license unless each person who directly or indirectly holds any beneficial interest or ownership in the applicant, or who in the opinion of the commission has the ability to control the applicant, or whom the commission may consider appropriate for approval or qualification, would, but for residence, individually be qualified for approval as a key employee pursuant to the provisions of the gaming control act.

§11B-6-8. Additional requirements for corporate applicants for license to conduct gaming.

(a) No corporation shall be eligible to apply for a license to conduct gaming unless:

(1) The corporation is incorporated in the State of West Virginia, although such corporation may be a wholly or partially owned subsidiary of a corporation which is organized pursuant to the laws of another state of the United States or of a foreign country;

(2) The corporation will maintain an office of the corporation in the premises licensed or to be licensed;

(3) The corporation is in compliance with all the requirements of the laws of the State of West Virginia pertaining
to corporations;
(4) The corporation will maintain a ledger in the principal office of the corporation in West Virginia which shall at all times reflect the current ownership of every class of security issued by the corporation and shall be available for inspection by the commission or the section and authorized agents of the commission and the section at all reasonable times without notice;

(5) The corporation will maintain all operating accounts required by the commission in a bank or banks in West Virginia;

(6) The corporation has included among the purposes stated in its articles of incorporation the conduct of casino gaming or vessel gaming, and has set forth in the articles of incorporation all other provisions required by the gaming control act or the legislative rules promulgated hereunder;

(7) The corporation, if it is not a publicly traded corporation, has filed with the commission such adopted corporate charter provisions as may be necessary to establish the right of prior approval by the commission with regard to transfers of securities, shares, and other interests in the applicant corporation, and, if it is a publicly traded corporation, has provided in its corporate charter that any securities of such
corporation are held subject to the condition that if a holder thereof is found to be disqualified by the commission pursuant to the provisions of this act, such holder shall dispose of his or her interest in the corporation;
(8) The corporation, if it is not a publicly traded corporation, shall establish to the satisfaction of the commission that appropriate charter provisions create the absolute right of such non-publicly traded corporations and companies to repurchase at the market price or the purchase price, whichever is the lesser, any security, share or other interest in the corporation in the event that the commission disapproves a transfer in accordance with the provisions of the gaming control act;

(9) Any publicly traded holding, intermediary, or subsidiary company of the corporation, whether the corporation is publicly traded or not, shall contain in its corporate charter the same provisions required under subdivision (7) of this subsection for a publicly traded corporation to be eligible to apply for a gaming vessel or casino license; and

(10) Any non-publicly traded holding, intermediary or subsidiary company of the corporation, whether the corporation is publicly traded or not, shall establish to the satisfaction of the
commission that its charter provisions are the same as those required under subdivisions (7) and (8) of this subsection for a non-publicly traded corporation to be eligible to apply for a gaming vessel or casino license.
(b) In addition to other information required by this article, a corporation applying for a gaming vessel or casino license shall provide the following information:

(1)(A) The organization, financial structure and nature of all businesses operated by the corporation;

(B) The names and personal employment and criminal histories of all officers, directors and key employees of the corporation;

(C) The names of all holding, intermediary and subsidiary companies of the corporation; and

(D) The organization, financial structure and nature of all businesses operated by such of its holding, intermediary and subsidiary companies as the commission may require, including names and personal employment and criminal histories of such officers, directors and key employees of such corporations and companies as the commission may require;

(2) The rights and privileges acquired by the holders of different classes of authorized securities of such corporations
and companies as the commission may require, including the names, addresses and amounts held by all holders of such securities;
(3) The terms upon which securities have been or are to be offered;

(4) The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security devices utilized by the corporation;

(5) The extent of the equity security holding in the corporation of all officers, directors and underwriters, and their remuneration in the form of salary, wages, fees or otherwise;

(6) Names of persons other than directors and officers who occupy positions specified by the commission or whose compensation exceeds an amount determined by the commission, and the amount of their compensation;

(7) A description of all bonus and profit-sharing arrangements;

(8) Copies of all management and service contracts; and

(9) A listing of stock options existing or to be created.

(c) If a corporation applying for a gaming vessel or casino license is, or if a corporation holding a gaming vessel or casino license is to become, a subsidiary, each holding company and each
intermediary company with respect thereto shall, as a condition of the said subsidiary acquiring or retaining such license, as the case may be:
(1) Qualify to do business in the State of West Virginia; and

(2) If it is a corporation, register with the commission and furnish the commission with all the information required of a corporate licensee as specified in subdivisions (1), (2) and (3), subsection (a) of this section and such other information as the commission may require; or

(3) If it is not a corporation, register with the commission and furnish the commission with such information as the commission may prescribe.

(d) No corporation shall be eligible to hold a gaming vessel or casino license unless the following persons would, but for residence, individually be qualified for approval as a key employee pursuant to the provisions of the gaming control act:

(1) Each officer of the corporation;

(2) Each director of the corporation;

(3) Each person who directly or indirectly holds any beneficial interest or ownership of the securities issued by the
corporation;
(4) Any person who in the opinion of the commission has the ability to control the corporation or elect a majority of the board of directors of that corporation, other than a banking or other licensed lending institution which makes a loan or holds a mortgage or other lien acquired in the ordinary course of business;

(5) Each key employee; and

(6) Any lender, underwriter, agent, employee of the corporation, or other person whom the commission may consider appropriate for approval or qualification.

(e) No corporation which is a subsidiary shall be eligible to receive or hold a gaming vessel or casino license unless each holding and intermediary company with respect thereto:

(1) If it is a corporation, shall comply with the provisions of subsection (c) of this section as if said holding or intermediary company were itself applying for a gaming vessel or casino license: Provided, That the commission may waive compliance with the provisions of subsection (c) hereof on the part of a publicly-traded corporation which is a holding company as to any officer, director, lender, underwriter, agent or
employee thereof, or person directly or indirectly holding a beneficial interest or ownership of the securities of such corporation, where the commission is satisfied that such officer, director, lender, underwriter, agent or employee is not significantly involved in the activities of the corporate licensee, and in the case of security holders, does not have the ability to control the publicly-traded corporation or elect one or more directors thereof; or
(2) If it is not a corporation, shall comply with the provisions of subsection (e) of this section as if said company were itself applying for a license.

(f) Notwithstanding the provisions of subsections (d) and (e) of this section, and in the absence of a prima facie showing by the gaming control section that there is any cause to believe that the institutional investor may be found unqualified, an institutional investor holding either (1) under ten percent of the equity securities of a gaming vessel or casino licensee's holding or intermediary companies, or (2) debt securities of a gaming vessel or casino licensee's holding or intermediary companies, or another subsidiary company of a gaming vessel or casino licensee's holding or intermediary companies which is related in any way to
the financing of the gaming vessel or casino licensee, where the securities represent a percentage of the outstanding debt of the company not exceeding twenty percent, or a percentage of any issue of the outstanding debt of the company not exceeding fifty percent, shall be granted a waiver of qualification if such securities are those of a publicly traded corporation and its holdings of such securities were purchased for investment purposes only and upon request by the commission, it files with the commission a certified statement to the effect that it has no intention of influencing or affecting the affairs of the issuer, the gaming vessel or casino licensee or its holding or intermediary companies: Provided, That it shall be permitted to vote on matters put to the vote of the outstanding security holders. The commission may grant a waiver of qualification to an institutional investor holding a higher percentage of such securities upon a showing of good cause and if the conditions specified above are met. Any institutional investor granted a waiver under this subsection which subsequently determines to influence or affect the affairs of the issuer shall provide not less than thirty days' notice of such intent and shall file with the commission an application for qualification before taking any action that may influence or affect the affairs of the issuer: Provided, That it shall be permitted to vote on matters put to the vote of the outstanding security holders. If an institutional investor changes its investment intent, or if the commission finds reasonable cause to believe that the institutional investor may be found unqualified, no action other than divestiture shall be taken by such investor with respect to its security holdings until there has been compliance with the provisions of the gaming control act, including the execution of a trust agreement. The gaming vessel or casino licensee and its relevant holding, intermediary or subsidiary company shall immediately notify the commission and the section of any information about, or actions of, an institutional investor holding its equity or debt securities where such information or action may impact upon the eligibility of such institutional investor for a waiver pursuant to this subsection.
(g) If at any time the commission finds that an institutional investor holding any security of a holding or intermediary company of a gaming vessel or casino licensee, or, where relevant, of another subsidiary company of a holding or intermediary company of a gaming vessel or casino licensee which
is related in any way to the financing of the gaming vessel or casino licensee, fails to comply with the terms of subsection (a) of this section, or if at any time the commission finds that, by reason of the extent or nature of its holdings, an institutional investor is in a position to exercise such a substantial impact upon the controlling interests of a licensee that qualification of the institutional investor is necessary to protect the public interest, the commission may, in accordance with the provisions of subsections (b) through (f) of this section or subsections (d) and (e) of section seven of this article, take any necessary action to protect the public interest, including requiring such an institutional investor to be qualified pursuant to the provisions of the gaming control act.
§11B-6-9. Exemption for publicly traded corporations; penalties for noncompliance.

(a) The commission may exempt an applicant for a gaming license that is a publicly traded corporation or is a corporation, partnership, or other business organization owned or controlled by a publicly traded corporation from any of the provisions of this article and article five of this chapter in accordance with rules to be adopted by the commission for such exemption. The
rules may generally or selectively impose on any publicly traded corporation any requirement not inconsistent with law which the commission may deem necessary to the public interest. The rules shall allow the commission, in its discretion, to make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary, shall further require the corporation to meet the requirements set forth in this section, and may make a requirement that deals with the same subject matter as, but be more stringent than, the requirements otherwise imposed under this section.
(b) If a corporation, partnership, or other business organization applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, or if a publicly traded corporation applies for or holds a state gaming license, the publicly traded corporation shall:

(1) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in this state, which ledger shall reflect the ownership of record of each outstanding share of any class of equity security issued by the
publicly traded corporation; may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding; and which shall be available for inspection by the commission and its authorized agents at all reasonable times without notice.
(2) File with the commission and provide such information as may be required by rule, which information shall include:

(A) The organizational and financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities;

(B) The rights and privileges accorded the holders of different classes of its authorized securities;

(C) The terms on which its equity securities are proposed to be, and during the preceding three years have been, offered by the corporation to the public;

(D) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the gaming licensee;

(E) The extent of the equity security holdings of record in the gaming licensee of all officers, directors, and underwriters of the publicly traded corporation, holding any equity interest in such gaming licensee, and any payment received by any such person from the publicly traded corporation for each of its three preceding fiscal years for any reason whatsoever;

(F) Remuneration of forty thousand dollars or more per annum to persons, other than directors and officers, who are actively and directly engaged in the administration or supervision of the gaming activities of the gaming licensee;

(G) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the gaming licensee;

(H) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the gaming licensee;

(I) Options existing or from time to time created with
respect of its equity securities;
(J) Balance sheets, certified by independent public accountants, for at least the three preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of three years, balance sheets from the time of its incorporation, which balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission;

(K) Profit and loss statements, certified by independent certified public accountants, for at least the 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission;

(L) A description of the publicly traded corporation's affiliated companies and intermediary companies, and the various gaming licenses and approvals obtained by those entities; and

(M) Any further information within the knowledge or control of the publicly traded corporation which the commission may deem necessary or appropriate for the protection of this state, or licensed gaming, or both.

(c) Each officer, director and employee of a publicly traded corporation who the commission determines is or is to become actively and directly engaged in the administration or supervision of, or any other significant involvement with, the gaming activities of the corporation or any of its affiliated or intermediary companies shall be found suitable therefor by the commission in accordance with rules to be adopted by the commission, which rules shall include the timeframe in which the person shall apply for such finding and the payment of an investigation fee.

If any officer, director or employee fails to apply for a finding of suitability within the timeframe required by the commission, or is not found suitable by the commission, or the finding of his suitability is revoked after appropriate hearings thereon by the commission, the publicly traded corporation shall immediately remove that officer, director or employee from any office or position wherein he is actively and directly engaged in the administration or supervision of, or any other significant involvement with, the gaming activities of the corporation or any of its affiliated or intermediary companies. If the commission suspends, rather than revokes, the finding of suitability of any
officer, director or employee, the publicly traded corporation shall, immediately and for the duration of the suspension, suspend that officer, director or employee from performance of any duties wherein he is actively and directly engaged in administration or supervision of, or any other significant involvement with, the gaming activities of the corporation or any of its affiliated or intermediary companies.
(d) Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that the acquisition of such ownership would otherwise be inconsistent with the declared policy of this state. Such finding of suitability shall be in accordance with the rules adopted pursuant to the provisions of subsection (c) of this section.

Each person who, individually or in association with others, acquires, directly or indirectly, more than five percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report, or voluntarily reports, such acquisition to the Securities and
Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively), shall file a copy of that report, and any amendments thereto, with the commission within ten days after filing that report with the Securities and Exchange Commission.
No person found unsuitable by the commission shall hold directly or indirectly the beneficial ownership of any voting security of a publicly traded corporation which is registered with the commission beyond that period of time prescribed by the commission.

(e) Except as otherwise provided in this section, after a publicly traded corporation has filed pursuant to this chapter, and while the publicly traded corporation or any of its affiliated or intermediary companies holds a gaming license, the publicly traded corporation shall:

(1) Report promptly to the commission in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the corporation or any of its affiliated or intermediary companies, which officers shall be found suitable in
accordance with the provisions of subsection (d) of this section;
(2) Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, which statements and balance sheets shall be submitted within one hundred twenty days after the close of the fiscal year to which they relate and which may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission, and, upon request of the commission therefor, a copy of the publicly traded corporation's federal income tax return within thirty days after the return is filed with the federal government;

(3) Mail to the commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to section 13(d) of the Securities and Exchange Act of 1934, as amended, within ten days after receiving the statement or amendment thereto, and report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than ten percent of its outstanding equity securities of any class;

(4) Upon request of the commission, furnish to it a copy of
any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
(f) If any person exempted under this section does not comply with the provisions of this chapter and rules promulgated hereunder, the commission may in its discretion do any of the following revoke, limit, condition or suspend the license of the person so exempted or institute civil penalties against the persons involved, the licensee and the publicly traded corporation, or any of them, in accordance with the provisions of section seventeen, article ten of this chapter.

§11B-6-10. Additional requirements for non-corporate applicants for license to conduct gaming.

Any non-corporate applicant for a gaming vessel or casino license shall provide such information required by section eight of this article as may be deemed by the commission as applicable to a non-corporate applicant.

§11B-6-11. Requirements regarding labor policies; recognition of labor organizations.

(a) In applying for and being issued a gaming vessel or casino license, the applicant or licensee thereby agrees to the following employment requirements:

(1) Ninety percent of all non-management employees shall be residents of West Virginia prior to the time of application for employment: Provided, That this requirement may be waived by the gaming control commission based on clear and convincing evidence that sufficient labor resources are not available within a reasonable distance from the gaming premises to allow for compliance, that the local infrastructure cannot accommodate a gaming vessel or casino licensee, or such other reason as the commission, by rule, may grant a waiver of or reduce the residency requirement percentage;

(2) No employee shall be paid less than forty percent more than the federal minimum wage, and it shall be a condition of the issuance and renewal of any license issued to a gaming vessel or casino operator that the average salary of all employees of that licensee, exclusive of the salary or wages of officers, directors and executive officers, shall be at least twenty-five thousand dollars per year including tips and health benefits.

(3) All non-management employees shall be provided with a
health insurance plan that is comparable to that provided similar employees in the gaming industry;
(4) All employees shall be licensed or permitted in accordance with the provisions of this chapter and all rules promulgated hereunder.

(b) If fifty percent plus one of the eligible employees sign an authorization card requesting that they be represented by a labor organization, management shall recognize that organization and commence good faith contract negotiations as provided by federal law: Provided, That this provision shall not apply to licensed gaming personnel, including individuals licensed to operate a gaming device, licensed as a key employee, or otherwise required by rules of the gaming control commission to be licensed, nor shall this provision apply to any gaming employee who has contact with patrons on the gaming floor: Provided, however, That gaming employees working exclusively in food and beverage services provided on the gaming floor are eligible employees for the purpose of this subsection.

§11B-6-12. Selection criteria.

(a) In determining whether to grant a license to operate a gaming vessel or casino to an applicant, the commission shall
consider:
(1) The character, reputation, experience, and financial integrity of the applicant and any individual who holds a controlling interest in the applicant;

(2) The prospective total revenue to be derived by the state from the conduct of casino gaming;

(3) The good faith affirmative action plan of each applicant to recruit, train and upgrade minorities, women, handicapped and the unemployed in all employment classifications;

(4) The good faith effort and action plan of each applicant to meet the labor requirements set forth in section eleven of this article;

(5) The good faith effort and action plan of each applicant to design a gaming location accessible to persons with disabilities;

(6) The good faith effort and action plan of each applicant to avoid competition with existing businesses;

(7) Any available local redevelopment and community revitalization plans, charts, or abstracts which would be indicative of the applicant's intention to promote positive relations with the local community and act in a manner consistent
with good corporate citizenship;
(8) Whether the applicant has the capability of obtaining and maintaining adequate liability and casualty insurance;

(9) Whether the applicant has the capability or adequate capital to maintain a quality gaming vessel or casino for the duration of the license;

(10) The extent to which the applicant meets or exceeds other standards for the issuance of a license to operate a casino that the commission adopts by rule;

(11) The then current distribution of gaming licenses in the state;

(12) The percentage of voter approval in the specific location where the applicant proposes to locate the gaming activity; and

(13) Whether the municipality or county can accommodate the increased demands for local services created by the gaming activity;

(b) As to any applicant otherwise eligible and qualified in accordance with the provisions of this article and article five of this chapter, preferential consideration shall be given to an

applicant who has been recommended for licensure by the local
governing body wherein the gaming vessel or casino will be located.
(c) If the commission does not issue the license to the applicant to be given preferential treatment pursuant to the provisions of subsection (b) of this section, the commission shall notify the applicant and the local governing body of the reasons therefor.

(d) Any applicant who is licensed to operate an existing parimutuel racing facility under the jurisdiction of the racing commission and who is licensed to operate video lottery under the jurisdiction of the lottery commission shall be granted a license under this chapter without regard to the other selection criteria of this section; provided, That the licensed racetrack shall thereafter comply with all requirements of this chapter and shall continue to conduct at least 220 days of live racing during each race meeting. For purposes of this section, "parimutuel racetrack" means a parimutuel racetrack contiguous to, or located in a municipality which is contiuguous to, the Ohio river, the Kanawha river or Monongahela river and which is licensed pursuant to this chapter and at which gaming may be conducted in any structure in which parimutuel waging is authorized to be
conducted, as that structure may be enlarged or expanded to accomodate the gaming operations.
§11B-6-13. Application procedure for gaming vessel or casino license.

All applications for a gaming vessel or casino license shall be submitted to the commission on the forms prescribed by the commission therefor within forty-five days of the certification of the election wherein gaming is approved by the municipality or county. At the expiration of the forty-five day period, the commission shall forward copies of all applications received to the local governing body where the applicant proposes to locate a gaming vessel or casino. Thereafter, the local governing body may evaluate the application, contact the applicant and otherwise make such inquiries regarding the application as the local governing body may deem appropriate or desirable. Within thirty days of receipt of any application, the local governing body may make such recommendation to the commission as it deems appropriate or desirable, which recommendation shall be considered by the commission in the selection process as one of the criteria set forth in section twelve, article six of this chapter. After the consideration of applications received within forty-five days of
the certification of the election by the county clerk, the commission shall consider applications as they are received in accordance with the provisions of this article.
§11B-6-14. Preliminary selection of licensee; investigation of preliminary licensee; order approving or denying license.

(a) Upon the filing of an application for a gaming vessel or casino license and such supplemental information as the commission may require, the commission shall review each application and may make a preliminary selection of the applicant who may be awarded the vessel gaming or casino license, which preliminary selection shall be within sixty days of the expiration of the forty-five day application period and shall be in accordance with the selection criteria set forth in section twelve of this article and all other applicable provisions of this article and article five of this chapter.

(b) Upon the preliminary selection of the applicant who is to be awarded the license, the commission shall:

(1) Notify all applicants of the preliminary selection;

(2) Require the payment of the investigation fee set forth in subsection (b), section six, article eleven of this chapter by the applicant which has been preliminarily selected;

(3) Upon receipt of payment of the investigation fee, request the gaming control section to conduct an investigation into the qualification of the applicant; and

(4) Conduct a public hearing concerning the qualification of the applicant in accordance with rules adopted by the commission.

(c) After such investigation and public hearing, which shall be completed within one hundred twenty days of the preliminary selection unless, for good cause shown, the section requests and the commission grants an extension, the commission may either deny the application in accordance with subsection (c) of this section or grant a gaming vessel or casino license to the applicant which has been preliminarily selected.

(d) In the event that the commission denies the issuance of a license to any applicant which has been preliminarily selected, the commission shall prepare and file an order denying such application with the general reasons therefor, and, if requested by the applicant, shall further prepare and file a statement of the reasons for the denial, including the specific findings of facts.

(e) Final action of the commission shall be taken within
thirty days after completion of the investigation and public hearing and the receipt of all information required by the commission.
(f) If the applicant which is preliminarily selected is denied the issuance of the license, the commission shall:

(1) Notify all other applicants of the denial of the license to the applicant which was preliminarily selected;

(2) Proceed as to the remaining applicants in accordance with the provisions of this section.

(g) The determination by the commission to issue a license is final, and the decision shall not be reviewed by the commission or by any court or other tribunal.

§11B-6-15. Issuance of license; duration of initial license; bond.

(a) If satisfied that an applicant which has been preliminarily selected is qualified to receive a gaming vessel or casino license, and upon tender of all license fees and taxes as required by law, and such bonds as the commission may require for the faithful performance of all requirements imposed by law, the commission shall issue a gaming vessel or casino license.

(b) The duration of the initial license for a gaming vessel
shall be for a term of ten years. The duration of the initial license for a casino shall be for a term of twenty years.
(c) The commission shall fix the amount of the bond or bonds to be required under this section in such amounts as it may deem appropriate in a form and the commission approves, by rules of uniform application. The bonds so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under the gaming control act. The bond shall be furnished in cash or negotiable securities, by a surety bond guaranteed by a satisfactory guarantor, or by an irrevocable letter of credit issued by a banking institution of this state acceptable to the commission. If furnished in cash or negotiable securities, the principal shall be placed without restriction at the disposal of the commission: Provided, That any income shall inure to the benefit of the licensee.

§11B-6-16. Penalty for non-operation of license.

After written notice thereof and in accordance with rules to be adopted by the commission, any licensee who fails to operate a gaming vessel or casino after issuance of a license therefor shall forfeit the bond executed pursuant to section fifteen of this article, and the license shall revert to the state.

§11B-6-17. Renewal of gaming vessel and casino licenses.

(a) Subject to the power of the commission to deny, revoke, or suspend licenses, any gaming vessel or casino license in force shall be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of license fees and taxes as required by law. The duration of the license for a renewed gaming vessel license shall be for a term of five years, and the duration of the license for a renewed casino license shall be for a term of ten years. A gaming vessel or casino license may be renewed in accordance with rules to be adopted by the commission, which rules shall require satisfactory performance of the licensee of all provisions of this chapter.

(b) Application for renewal shall be filed with the commission no later than ninety days prior to the expiration of the current license, and all license fees and taxes as required by law shall be paid to the commission on or before the date of expiration of the current license.

(c) Upon renewal of any license the commission shall issue an appropriate renewal certificate or validating device or sticker which shall be attached to each gaming vessel or casino license.

(d) Any decision by the commission not to renew the license
shall be final.
ARTICLE 7. LICENSES OTHER THAN GAMING LICENSES.

§11B-7-1. License to supply gaming vessel or casino.

(a) The commission shall issue a license to each applicant for a license to supply a gaming vessel or casino who meets the requirements of this section.

(b) Each applicant for a license to supply a gaming vessel or casino who is an individual, and each individual holding a controlling interest of an applicant that is not an individual, shall:

(1) Submit an application to the commission on the form that the commission requires;

(2) Pay to the commission a nonrefundable application fee for deposit into the state gaming fund in the amount set by rule of the commission for a license to operate a gaming device;

(3) Meet all the requirements of article five of this chapter.

(c) A license to supply a gaming vessel or casino authorizes the licenseholder to engage in the business of supplying a gaming vessel or casino for the duration of the term of the license.

(d) The licensed gaming supplier shall pay to the commission
an annual license maintenance fee of five thousand dollars.
(e) An applicant for a license to supply gaming devices, equipment and supplies to a gaming vessel or casino shall demonstrate that the gaming devices, equipment and supplies that the applicant manufactures, distributes, supplies, or otherwise plans to sell or lease to a licensed gaming vessel operator conform to standards established by rule of the commission and applicable state law.

(F) A licensed gaming supplier shall submit semi-annually a list and inventory of all equipment, gaming devices, and supplies manufactured, distributed or otherwise available for sale to licensees.

§11B-7-2. License to operate gaming device.

(a) The commission shall issue a license to each applicant for a license to operate a gaming device who meets the requirements of this section.

(b) Each applicant shall meet the qualifications and requirements set forth in article five and other provisions of this chapter, and shall meet such other qualifications or requirements as the commission establishes by rule.

(c) A license to operate a gaming device authorizes the
licenseholder to engage in the business of operating a gaming device for the duration of the term of the license.
(d) The licensed gaming device operator shall pay to the commission an annual license maintenance fee set by the commission.

§11B-7-3. Licensing of key employees.

(a) The commission shall issue a license to each applicant for a license to be employed as a key employee who meets the requirements of this section.

(b) Each applicant shall meet the qualifications and requirements set forth in article five and other provisions of this chapter, and shall meet such other qualifications or requirements as the commission establishes by rule.

(c) A license to be a key employee authorizes the licenseholder to be employed as a key employee for a licensed gaming vessel or casino for the duration of the term of the license.

§11B-7-4. Licensing of other gaming employees.

An employee, agent, guardian, personal representative, lender or holder of an indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise significant
influence over the licensee's operation of a gaming establishment, and any other individual who is required by rules of the gaming control commission to obtain a license, shall obtain such license in accordance with the qualifications and requirements set forth in article five and other provisions of this chapter, and shall meet such other qualifications or requirements as the commission establishes by rule.
§11B-7-5. Duration and renewal of licenses other than gaming licenses.

(a) A license to supply a gaming vessel or casino, a license to operate a gaming device, and any other gaming employee license required by this chapter expires on the fifth anniversary of its effective date of issuance, unless the license is renewed for additional five-year terms as provided in this section.

(b) At least two months before the license expires, the commission shall send to the licenseholder, by mail to the last known address of the licenseholder, a renewal application form and a notice that states:

(1) The date on which the current license expires;

(2) The date by which the commission shall receive the renewal application for the renewal to be issued and mailed before
the existing license expires; and
(3) The amount of the renewal fee.

(c) Before the license expires, the licenseholder may renew it for successive additional five-year terms, if the licenseholder:

(1) Otherwise is entitled to be licensed;

(2) Pays to the commission a renewal fee of:

(A) A sum of five thousand dollars for a license to supply a gaming vessel or casino;

(B) A sum as set by the commission for a license to operate a gaming device;

(C) A sum as set by the commission for a license to be employed by an operator of a gaming vessel or casino as a key employee, which renewal fee may be paid by the employer;

(D) As set by the commission for a license to be employed by an operator of a gaming vessel or casino in any other capacity for which the commission determines a license is required, including a determination that the employee, agent, guardian, personal representative, lender or holder of an indebtedness of a gaming licensee, in the opinion of the commission, has the power to exercise significant influence over the licensee's operation
of a gaming establishment, which renewal fee may be paid by the employer; and
(3) Submits to the commission:

(A) A renewal application in the form that the commission requires; and

(B) Satisfactory evidence of compliance with any additional requirements set by rules of the commission for license renewal. (d) The commission shall renew the license and issue a renewal certificate to each licenseholder who meets the requirements of this section and pursuant to the provisions of this article.

§11B-7-6. Denial of application for license other than gaming license.

Subject to the hearing provisions of article nine of this chapter, the commission, by the affirmative vote of a majority of its members, may deny a license to any applicant for a license to supply a gaming vessel or casino, a license to operate a gaming device, a key employee license and any other gaming employees' licenses required by this chapter, if the applicant or an individual holding a controlling interest in the applicant is disqualified for a license under the provisions of section three,
article five of this chapter.
§11B-7-7. Work permits required.

Gaming employees determined by the commission not to require a license may be required to obtain work permit, which may be applied for and shall be obtained in accordance with legislative rules to be adopted by the commission. For those jobs for which the commission determines a work permit is required, a document issued by any other governmental authority for any employment other than gaming is not a valid work permit for the purposes of this section.

In accordance with legislative rules which may be promulgated by the commission, the commission may issue a temporary work permit to any gaming employee required to be permitted, which temporary permit shall be valid only for a period not to exceed ninety days from its date of issue and which is not renewable.

In addition to such requirements as may be required of a work permittee by rule of the commission, a work permittee shall comply with the general licensure requirements set forth in section two, article five of this chapter which the commission determines are applicable to a permittee.

§11B-7-8. Registration required.

Gaming employees determined by the commission to not require a license or work permit and other persons seeking to conduct business with the gaming industry or with a licensee may be required by legislative rule adopted by the commission to register with the commission, which registration may be applied for and shall be obtained in accordance with legislative rules to be promulgated by the commission. For those jobs or businesses for which the commission determines a registration is required, a document issued by any other governmental authority for such business or for any employment other than gaming is not a valid registration for the purposes of this section.

In accordance with legislative rules which may be promulgated by the commission, the commission may issue a temporary registration to any gaming employee or other person required to be registered, which temporary registration shall be valid only for a period not to exceed ninety days from its date of issue and which is not renewable.

In addition to such requirements as may be required of a registrant by rule of the commission, a registrant shall comply with the general licensure requirements set forth in section two, article five of this chapter which the commission determines are
applicable to a permittee.
ARTICLE 8. CONDITIONS OF OPERATION.

§11B-8-1. Operation certificate.

(a) Notwithstanding the issuance of a license therefor, no gaming vessel or casino may be opened or remain open to the public, and no gaming activity, except for test purposes, may be conducted therein, unless and until a valid operation certificate has been issued to the gaming vessel or casino licensee by the commission. Such certificate shall be issued by the commission upon a finding that the gaming vessel or casino complies in all respects with the requirements of the gaming control act and legislative rules promulgated hereunder, that the gaming vessel or casino licensee has implemented necessary management controls and security precautions for the efficient operation of the casino, that personnel are properly trained and licensed for the efficient performance of their respective responsibilities, and that the gaming vessel or casino is prepared in all respects to receive and entertain the public.

(b) The operation certificate shall include a statement of compliance with subsection (a) of this section and an itemized list by category and number of the authorized games permitted in
the particular gaming vessel or casino. Changes in the number of authorized games to be played shall be made only with the approval of the commission after review by the commission and the gaming control section for compliance with the gaming control act.
§11B-8-2. Maintenance of books, records and documents.

It is an express condition of continued operation under this act that a gaming vessel or casino licensee maintain all books, records, and documents pertaining to the licensee's operations in a manner and location within this state approved by the commission. All such books, records and documents shall be immediately available for inspection during all hours of operation in accordance with the rules of the commission and shall be maintained for such period of time as the commission shall require.

§11B-8-3. Hours of operation.

(a) Unless otherwise authorized by the commission, or by the county commission or local governing body of a municipality as provided for in section eight, article twelve of this chapter, a gaming vessel or casino may not conduct gaming between the hours of two o'clock a.m. and twelve o'clock noon on Sundays, or between the hours of two o'clock a.m. and ten o'clock a.m. on all other
days: Provided, That during the hours when gaming is prohibited, the gaming vessel or casino may operate gaming devices to conduct programs and demonstrations for the instruction of patrons on the rules of gaming, so long as no actual wagering by patrons is permitted.
§11B-8-4. Internal controls.

(a) The commission shall, by legislative rule, develop minimum standards for such system of internal procedures and administrative and accounting controls as the commission deems necessary, which rules shall require a submission to the commission of a description of any change in any procedure or control sixty days prior to the time the proposed change is to take effect.

If required by rule of the commission, each licensee shall also submit a description of its system of internal procedures and administrative and accounting controls for non-gaming operations and a description of any changes thereto no later than five days after those operations commence or after any change in those procedures or controls takes effect.

(b) The commission shall review each submission required by subsection (a) of this section and shall determine whether it
conforms to the requirements of the gaming control act and the legislative rules promulgated hereunder and whether the system submitted provides adequate and effective controls for the operations of the particular gaming vessel or casino licensee submitting it. If the commission finds any insufficiencies, it shall specify the same in writing to the licensee, who shall make appropriate alterations. When the commission determines a submission to be adequate in all respects, it shall notify the licensee of the same. No gaming vessel or casino licensee shall commence or alter gaming operations unless and until such system of controls is approved by the commission.
§11B-8-5. Games and gaming equipment.

(a) The gaming control act shall not be construed to permit any gaming except the conduct of authorized games on such parts of the gaming premises as are designated and approved by the commission for the conduct of gaming in accordance with the gaming control act. All gaming shall be conducted according to legislative rules promulgated by the commission, and all wagers and pay-offs of winning wagers shall be made according to legislative rules promulgated by the commission, which shall establish such limitations as may be necessary to assure the
vitality of casino operations and fair odds to, and maximum participation by, patrons.
(b) Gaming equipment shall not be possessed, maintained or exhibited by any person on any controlled premises except in accordance with legislative rules adopted by the commission, and each licensee shall submit semi-annually a list and inventory of all gaming devices applicable within the custody and control of the licensee on the gaming premises.

(c) Legislative rules adopted by the commission may also provide for and specify the requirements for and procedures to be followed with regard the following:

(1) A count room and such other secure facilities as may be required by the commission for the counting and storage of cash, coins, tokens and checks received in the conduct of gaming and for the inspection, counting and storage of dice, cards, chips and other representatives of value;

(2) Gaming equipment and gaming rules;

(3) Signs which inform patrons of the laws and rules that apply to gaming;

(4) The patronage of gaming employees on gaming vessels or at casinos;

(5) The acceptance of tips and gratuities; and

(6) Any other rule which enhances vessel gaming or casino gaming for gaming patrons and for the citizens of this state.

§11B-8-6. Audits.

A licensed gaming vessel or casino operator shall submit to the commission an annual audit by a certified public accountant of the financial transactions and condition of the licensee's total operations. Such audit shall be in accordance with generally accepted auditing principles.

§11B-8-7. Licensees' annual reports; penalty for false reports.

(a) Each licensee shall file with the commission an annual balance sheet and profit and loss statement pertaining to the licensee's gaming activities in this state, together with a list of the stockholders or other persons having any beneficial interest in the gambling activities of each licensee.

(b) A licensee shall keep its books and records so as to clearly show the total amount of money wagered during each day and the adjusted gross receipts for the day.

(c) The licensee shall furnish to the commission such reports and information as the commission may require with respect to its activities: Provided, That except as specifically provided
in subsection (d) of this section, the following information and data is confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction:
(1) That which pertains to an applicant's criminal record, antecedents and background which have been furnished to or obtained by the commission, the executive director or the gaming control section from any source;

(2) That which is required by the commission, the executive director or the section relative to the finances, earnings or revenue of any applicant or licensee;

(3) That which is provided to the members of the commission, the executive director or the section by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and

(4) That which is obtained by the commission, the executive director or the section from a manufacturer, distributor, supplier or operator relating to the manufacturing of gaming devices.

(d) Notwithstanding the provisions of subsection (c) of this section, the commission, the executive director or the section may reveal information and data described in that subsection to an
authorized agent of any agency of the United States government, any state, or any political subdivision of this state pursuant to legislative rules adopted by the commission.
(e) The books and records kept by a licensee as provided by this section are public records and examination, and publication and dissemination of the books and records are governed by the provisions of article one, chapter twenty-nine-b of this code.

ARTICLE 9. HEARINGS; APPEAL OF COMMISSION ACTION.

§11B-9-1. Opportunity for hearing.

Except as otherwise provided by this chapter, any person adversely affected by an action of the commission shall be given an opportunity for a hearing before the commission and may be represented at the hearing by counsel.

§11B-9-2. Conduct of hearings; rules of evidence.

The commission shall give notice and hold the hearing in accordance with state law, such notice to be given to the person by certified mail to the last known address of the person at least thirty days before the hearing. The rules of evidence shall not apply.

§11B-9-3. Appeal.

Except where the decision of the commission is deemed to be
final pursuant to the provisions of this chapter, any person aggrieved by a final decision of the commission may appeal the decision in the Circuit Court of Kanawha County.
ARTICLE 10. PROHIBITED ACTIVITIES; SANCTIONS AND PENALTIES.

§11B-10-1. Penalties for false statements on applications.

Any person who knowingly makes a false statement on an application is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

§11B-10-2. Penalties for willful evasion of payment of license fees, other acts and omissions.

Any person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of the gaming control act, or willfully attempts in any manner to evade or defeat any such license fee, tax, or payment thereof, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both: Provided,
That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars. In addition, the person be is liable for a penalty of three times the amount of the license fee evaded and not paid, collected or paid over, which penalty shall be assessed by the commission and collected in accordance with the provisions of the gaming control act.
§11B-10-3. Unlicensed gambling games unlawful; penalties.

(a) Any person who violates the licensing provisions of articles five, six or seven of this chapter, or permits any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any gaming vessel or casino by a person other than a person licensed for such purposes pursuant to the gaming control act is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

(b) Any licensee who places games or slot machines into play or displays such games or slot machines in a gaming vessel or
casino without authority of the commission to do so is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty- five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.
(c) Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine after the applicable license has expired and prior to the actual renewal thereof is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

§11B-10-4. Swindling and cheating; penalties.

(a) Except as provided in subsection (b) of this section, any person who by any trick or sleight of hand performance, or by a fraud or fraudulent scheme, cards, dice or device, for himself or herself or for another wins or attempts to win money or property or a representative of either or reduces a losing wager
or attempts to reduce a losing wager in connection with vessel gaming or casino gaming is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both.
(b) Any person who by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, dice or device, for himself or herself or for another wins or attempts to win money or property or a representative of either or reduces a losing wager or attempts to reduce a losing wager in connection with vessel gaming or casino gaming, if the value of such money or property or representative of either is twenty-five dollars or less, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than six months, or fined not more than one thousand dollars, or both.

§11B-10-5. Use of device to obtain advantage at gambling; penalties.

(a) A person on a licensed gaming vessel or in a casino shall not use, nor possess with the intent to use, any device to assist in:

(1) Projecting the outcome of a gambling game;

(2) Keeping track of the cards played or in play;

(3) Analyzing the probability of the occurrence of an event relating to any gambling game;

(4) Analyzing the strategy for playing or betting to be used in the gambling game;

(5) Defrauding, cheating, or otherwise bringing into risk the legitimate operation, integrity, or outcome of the vessel gaming or casino operations.

(b) A person who, in playing a game in a licensed gaming vessel or casino, uses, or assists another in the use of, an electronic, electrical or mechanical device which is designed, constructed, or programmed specifically for use in obtaining an advantage at playing any gambling game, including those listed in subsection (a), is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than six months, or fined not more than one thousand dollars, or both.

§11B-10-6. Unlawful use of bogus chips or gaming billets, marked cards, dice, cheating devices, unlawful coins; penalties.

(a) It shall be unlawful for any person playing any licensed gambling game:

(1) Knowingly to use bogus or counterfeit chips or gaming
billets, or knowingly to substitute and use in any such game cards or dice that have been marked, loaded or tampered with; or
(2) Knowingly to use or possess any cheating device with intent to cheat or defraud.

(b) It shall be unlawful for any person playing or using any slot machine:

(1) Knowingly to use other than a lawful coin or legal tender of the United States of America, or to use a coin not of the same denomination as the coin intended to be used in such slot machine, except that in the playing of any slot machine or similar gaming device, it shall be lawful for any person to use gaming billets, tokens or similar objects therein which are approved by the commission; or

(2) To use any cheating or thieving device, including but not limited to tools, drills, wires, coins or tokens attached to strings or wires, or electronic or magnetic devices, to facilitate the alignment of any winning combination.

(c) It shall be unlawful for any person knowingly to possess or use while on any controlled premises, any cheating or thieving device, including but not limited to tools, wires, drills, coins attached to strings or wires or electronic or magnetic devices to
facilitate removing from any slot machine any money or contents thereof, except that a duly authorized employee of a licensed gaming vessel or casino may possess and use any of the foregoing only in furtherance of his or her employment.
(d) It shall be unlawful for any person knowingly to possess or use while on any controlled premises any key or device designed for the purpose of or suitable for opening or entering any slot machine or similar gaming device or drop box, except that a duly authorized employee of a licensed gaming vessel or casino, or a commission employee may possess and use any of the foregoing only in furtherance of his or her employment.

(e) Any person who violates this section is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty- five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

§11B-10-7. Cheating games and devices in a licensed gaming vessel or casino; penalties.

(a) It shall be unlawful:

(1) Knowingly to conduct, carry on, operate, deal or allow
to be conducted, carried on, operated or dealt any cheating or thieving game or device; or
(2) Knowingly to deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with, or placed in a condition, or operated in a manner, the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the game which could determine or alter the result of the game.

(b) It shall be unlawful knowingly to use or possess any marked cards, loaded dice, plugged or tampered with machines or devices.

(c) Any person who violates this section is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty- five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

§11B-10-8. Unlawful possession of device, equipment or other material illegally manufactured, distributed, sold or serviced.

Any person who possesses any device, equipment or material which he knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of this act is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

§11B-10-9. Skimming of gaming proceeds.

(a) The crime of skimming of gaming proceeds is the intentional excluding of or the taking any action in an attempt to exclude any thing or its value from the deposit, counting, section, or computation of gross receipts from gaming operations or activities, or adjusted gross receipts, or other amounts due the state pursuant to the provisions of this chapter.

(b) Whoever commits the crime of skimming of gaming proceeds when the amount skimmed, or to be skimmed, is less than one thousand dollars is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years, or shall be fined not more than five thousand dollars,
or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars. In addition, the person is liable for a penalty of three times the amount skimmed or to be skimmed, which penalty shall be assessed by the commission and collected in accordance with the provisions of the gaming control act.
(c) Whoever commits the crime of skimming of gaming proceeds when the amount skimmed, or to be skimmed, is one thousand dollars or more is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than twenty years, or shall be fined not more than ten thousand dollars: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars. In addition, the person is liable for a penalty of three times the amount skimmed or to be skimmed, which penalty shall be assessed by the commission and collected in accordance with the provisions of the gaming control act.

§11B-10-10. Posting of patronage prohibitions and penalties required.

Each gaming vessel licensee or casino licensee shall post notice of all prohibitions that may affect patrons or their
conduct and shall further post the penalties for violation thereof, such posting to be in a manner determined by the commission.
§11B-10-11. Employment without license, permit or registration; penalties.

(a) Any person who, without obtaining the requisite license, permit or registration as provided in this act, works or is employed in a position whose duties would require licensing or registration under the provisions of the gaming control act is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than ten thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than fifty thousand dollars.

(b) No applicant, licensee, licenseholder, permittee or registrant shall employ or offer to employ any person who is prohibited from accepting employment from a licensee or applicant or any holding or intermediary company. An applicant, licensee, licenseholder, permittee or registrant who violates the provisions of this subsection is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve
months, or fined not more than twenty-five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.
(c) Any person who, after notice thereof, employs or continues to employ an individual not duly licensed or registered under the provisions of this act in a position whose duties require a license or registration under the provisions of this act is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than ten thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than fifty thousand dollars.

§11B-10-12. Unauthorized representation; penalties.

(a) Unless authorized to engage in the business operating a gaming vessel or casino, supplying a gaming vessel or casino, or operating a gaming device under this chapter, a person may not represent to the public by use of the title "licensed gaming vessel operator," "licensed casino operator," "licensed gaming vessel and casino supplier," or "licensed gaming device operator," by other title, by description of services or otherwise, that the
person is authorized to engage in the business of operating a gaming device, operating a gaming vessel or casino, or supplying a gaming vessel or casino.
(b) A person who violates the provisions of subsection (a) of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty-five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.

§11B-10-13. Forfeiture of property.

(a) Anything of value, including all traceable proceeds including, but not limited to, real and personal property, moneys, negotiable instruments, securities and conveyances, is subject to forfeiture to the state of West Virginia if the item was used for any of the following:

(1) In exchange for a bribe intended to affect the outcome of a gambling game; or

(2) In exchange for or to facilitate a violation of this chapter.

(b) All moneys, coin and currency found in close proximity
of wagers, or of records of wagers, are presumed forfeited. The burden of proof is upon the claimant of the property to rebut this presumption.
(c) Subsections (a) and (b) do not apply if the act or omission which would give rise to the forfeiture was committed or omitted without the owner's knowledge or consent.

§11B-10-14. Activities prohibited by public officials.

(a) No elected public official shall engage in any business activity with a licensee except as a patron. As used in this subsection, business activity shall specifically include but is not limited to contracts:

(1) For the sale or purchase of goods, merchandise, and services;

(2) To provide or receive legal services, advertising, public relations, or any other business or personal service;

(3) For the listing, purchase or sale of real property or options or rights relating thereto;

(4) Modifying ownership or possessor interests in stocks, bonds, securities, or any financial instruments.

(b) No member of the Legislature, nor any firm with which said member is associated, shall be permitted to appear or
practice or act in any capacity whatsoever before the commission or division regarding any matter whatsoever, nor shall any member of the family of the Governor or of a member of the Legislature be permitted to so practice or appear in any capacity whatsoever before the commission or section regarding any matter whatsoever.
§11B-10-15. Prohibition of political contributions.

Any person who has been issued a license pursuant to the provisions of this chapter, or any person who is an applicant for such license, who pays, gives or lends, or authorizes to be paid, given or lent, any money or other thing of value to any candidate, financial agent or political committee or other person, for the payment of any primary, general or other election expenses incurred or to be incurred in connection with an election in this state, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than ten years, or, in the discretion of the court, be confined in jail nor more than one year and shall be fined not more than five thousand dollars. In the case of a person other than a natural person, where an offense under this section is neither punishable by imprisonment nor confinement, a fine may be imposed in an amount not to exceed fifty thousand dollars.
Notwithstanding the above, this section shall not prohibit political contributions by natural persons which are otherwise permissible under West Virginia law.
§11B-10-16. Gaming by certain persons prohibited; penalties; defenses.

(a) An individual may not participate in vessel or casino gaming:

(1) If the individual is intoxicated; or

(2) If the individual is determined by the licensed gaming vessel or casino operator to be unruly, disruptive, or otherwise interfering with vessel or casino gaming.

(b) No person under the age of twenty-one years shall enter, or wager in, a gaming vessel or a licensed casino: Provided, That such a person may enter a casino by way of passage to another room. The provisions of this section do not apply to a person who is licensed or registered under the provisions of the gaming control act, and who enters a gaming vessel or casino in the regular course of the person's permitted activities.

(c) Subject to the exceptions and defenses provided in this subsection, any licensee or employee of a gaming vessel or casino who allows a person under the age of twenty-one years to remain
in or wager in a gaming vessel or casino is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than twelve months, or fined not more than twenty- five thousand dollars, or both: Provided, That in the case of a person other than a natural person, the amount of a fine may be not more than one hundred thousand dollars.
The establishment of all of the following facts by a licensee or employee allowing any such underage person to remain shall constitute a defense to any prosecution therefor:

(1) That the underage person falsely represented in writing that he or she was twenty-one years of age or older;

(2) That the appearance of the underage person was such that an ordinary prudent person would believe him or her to be twenty- one years of age or older; and

(3) That the admission was made in good faith, relying upon such written representation and appearance, and in the reasonable belief that the underage person was actually twenty-one years of age or older.

§11B-10-17. Civil penalties; determining appropriate sanctions.

(a) After a hearing, the commission may impose on a person who violates a provision of this article or chapter a civil
penalty not to exceed five thousand dollars for each violation.
(b) In considering appropriate sanctions, the division may consider the following:

(1) The risk to the public and the integrity of gaming operations created by the conduct;

(2) The seriousness of the conduct and whether it was purposeful and with knowledge that the conduct was in violation of the provisions of this chapter;

(3) Any justification, excuse or defense for the conduct;

(4) The history with respect to gaming activity of the person involved;

(5) The corrective action taken by the person involved to prevent similar misconduct for occurring in the future; and

(6) In the case of a fine or civil penalty, the amount of the fine in relation to the severity of the misconduct and the financial means of the person involved.

§11B-10-18. Authority of gaming licensee and agents to detain or question persons suspected of cheating; immunity from liability; posted notice required.

(a) Any licensee or its officers, employees or agents may question any individual in a gaming vessel or casino reasonably
suspected of violating any of the provisions of sections three through seven of this article. No licensee or its officers, employees or agents shall be criminally or civilly liable by reason of any such questioning.
(b) Any licensee or its officers, employees or agents who shall have probable cause for believing there has been a violation of sections three through seven of this article in a gaming vessel or casino by any person may refuse to permit such person to continue gaming or wagering or may take such person into custody and detain him in the establishment in a reasonable manner for a reasonable length of time, for the purpose of notifying law enforcement or commission authorities. Such refusal or taking into custody and detention shall not render such licensee or its officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention, unless such refusal or such taking into custody or detention is unreasonable under all of the circumstances.

(c) No licensee or officers, employees or agents of the licensee shall be entitled to any immunity from civil or criminal liability provided in this section unless there is displayed in a conspicuous manner in the gaming vessel or casino a notice in
bold face type clearly legible and in substantially this form:
"Any gaming licensee or officer, employee or agent thereof who has probable cause for believing that any person is violating any of the provisions of the West Virginia Gaming Control Act prohibiting cheating or swindling in gaming may detain such person in the establishment for the purpose of notifying a police officer or Gaming Control Commission authorities."

§11B-10-19. Continuing offenses.

(a) A violation of any of the provisions of the gaming control act which is an offense of a continuing nature shall be deemed to be a separate offense on each day during which it occurs. Nothing herein shall be deemed to preclude the commission of multiple violations within a day of those provisions of the gaming control act which establish offenses consisting of separate and distinct acts.

(b) Any person who aids, abets, counsels, commands, induces, procures or causes another to violate a provision of the gaming control act is punishable as a principal and subject to all sanctions and penalties, both civil and criminal, provided by the gaming control act.

ARTICLE 11. SPECIAL FUNDS; FEES AND TAXES.

§11B-11-1. Gaming revenue fund.

There is hereby created a special fund in the state treasury which shall be designated and known as the "gaming revenue fund". The fund shall consist of all appropriations to the fund, all interest earned from investment of the fund, and any gifts, grants or contributions received by the fund. All revenues received from the imposition of fees and taxes imposed in accordance with the provisions of this chapter and all moneys paid as sanctions or as a penalty for the violation of any provision of this chapter shall be deposited with the state treasurer, placed in the gaming revenue fund, and distributed in accordance with section ten of this article.

§11B-11-2. State gaming control fund.

There is hereby created a special fund in the state treasury which shall be designated and known as "the state gaming control fund" which shall receive and consist of such amounts from the gaming revenue fund created pursuant to section one of this article as may be allocated and appropriated by the legislature. Moneys allocated and appropriated to the state gaming control fund may be expended by the commission and its executive director for the administration and the implementation of the provisions of
this act and the rules promulgated hereunder by the commission. Such expenditures shall include costs incurred by the gaming section created pursuant to article eleven, chapter fifteen of this code.
§11B-11-3. Tax on adjusted gross receipts.

A tax is hereby imposed which is nineteen and one-half percent on the adjusted gross receipts received by a licensed gaming vessel or casino operator, which is in addition to all other applicable state and local taxes: Provided, That such tax on adjusted gross receipts shall be in lieu of any net corporate income taxes imposed in accordance with article twenty-four, chapter eleven of this code and shall be a credit against any business and occupation tax set forth in article thirteen, chapter eleven of this code: Provided, however, That no county or municipality or any other political subdivision of this state shall be authorized to levy or impose any license, income, excise, special or franchise tax on or with respect to the gross receipts or the adjusted gross receipts of any licensee that is in addition to any county or municipal tax levied prior to the effective date of this section: Provided further, That no county or municipality or other political subdivision may receive from a licensee a
percentage of adjusted gross receipts that is in addition to the amount imposed by this section unless such additional amount is derived from the imposition of a business and occupation tax in effect prior to the effective date of this section.
The tax on adjusted gross receipts shall be distributed as follows:

(1) Fifteen percent of the adjusted gross receipts received by a licensed gaming vessel or casino operator shall be distributed as set forth in subsection (c), section ten of this article.

(2) Four and one-half percent and shall be distributed as set forth in subsection (f), section ten of this article.

§11B-11-4. Sales tax exemption.

There shall be no imposition of any consumer sales tax as set forth in article fifteen, chapter eleven of this code for the purchase of chips, tokens or electronic cards by patrons of a gaming vessel or casino, such transaction to be exempted from such consumer sales tax and not deemed a sale for the purpose of imposition of the consumer sales tax in accordance with that article.

§11B-11-5. Collection of taxes.

The state tax commissioner shall administer and collect the taxes imposed by this article and enforce the provisions of this article with regard thereto. The tax commissioner is hereby authorized to adopt in accordance with chapter twenty-nine-a of this code any rule necessary to the administration and collection of such taxes and the enforcement of the provisions of this article. Any rules promulgated pursuant to this section prior to the first day of September, one thousand nine hundred ninety-five, may be by emergency rule.

In addition to such other enforcement powers provided the tax commissioner for the collection of taxes, at any time within five years after any amount of taxes, or penalties or interest thereon, required to be collected pursuant to the provisions of the gaming control act shall become due and payable, the tax commissioner may bring a civil action in the courts of this state or any other state or of the United States, in the name of the state of West Virginia, to collect the amount delinquent, together with penalties and interest. An action may be brought whether or not the person owing the amount is at such time an applicant, licensee, licenseholder, permittee or registrant pursuant to the provisions of the gaming control act. If such action is brought
in this state, a writ of attachment may be issued and no bond or affidavit prior to the issuance thereof is required. In all actions in this state, the records of the tax commissioner are prima facie evidence of the determination of the tax or the amount of the delinquency.
§11B-11-6. Gaming vessel and casino license fees.

(a) The application fee for the issuance of a gaming vessel or casino license is fifty thousand dollars, which is a nonrefundable fee required to be paid with each application for an initial license.

The fee for the issuance of an initial gaming vessel or casino license is fifty thousand dollars, which is a nonrefundable fee required to be paid prior to the issuance of the initial license.

The fee for the renewal of a gaming vessel or casino license is fifty thousand dollars, which is a nonrefundable fee required to be paid prior to the renewal of the license.

The fee for the application, issuance or renewal of a gaming vessel or casino license subsequent to the renewal cycle of the licenses initially issued pursuant to the provisions of this section shall be in such amount as may be required by rules
adopted by the gaming commission.
(b) Any applicant temporarily selected for the issuance of a gaming vessel or casino license shall post a deposit of fifty thousand dollars for the cost of investigation and consideration of the license application. If the costs of the investigation of an applicant are greater than fifty thousand dollars, the gaming control section shall show cause for the additional cost. If the commission approves the additional cost, the applicant shall pay the additional costs as required by the commission: Provided, That the total investigation fee shall not exceed two hundred fifty thousand dollars. If the costs of the investigation of an applicant are less than any amounts paid to the commission for investigation, the commission shall refund the difference.

§11B-11-7. Fees for other than gaming vessel or casino licenses.

The fee for the application, issuance or renewal of any license required by this chapter, other than a gaming vessel or casino license, and the fee for the investigation of any applicant therefor, shall be in such amount as may be required by rules adopted by the gaming commission.

§11B-11-8. Work permit fees.

The fee for the application, issuance or renewal of any work
permit required by section seven, article seven of this chapter, and the fee for the investigation of any applicant therefor, shall be in such amount as may be required by rules adopted by the gaming commission.
§11B-11-9. Registration fees.

The fee for the application, issuance or renewal of any registration required by section eight, article seven of this chapter, and the fee for any investigation of any applicant therefor, shall be in such amount as may be required by rules adopted by the gaming commission.

§11B-11-10. Distribution of moneys in gaming revenue fund.

(a) The revenue in the gaming revenue fund shall be disbursed in the manner herein provided for the purposes stated herein and shall not be treated by the auditor and treasurer as part of the general revenue of the state. The authority to disburse shall include the authority to transfer moneys deposited in the fund to counties and municipalities in such amounts as are set forth in this section.

(b) All fees and penalties required or authorized by this section and collected by the commission shall be paid into the gaming revenue fund and shall be available for allocation and
appropriation to the state gaming control fund created pursuant to section two of this article. The Legislature may provide such additional allocation and appropriation to the state gaming control fund from the gaming revenue fund as is deemed necessary to administer the provisions of the gaming control act.
(c) Fifteen percent of the adjusted gross receipts of each licensed gaming vessel shall be paid into the gaming revenue fund created pursuant to section one of this article and shall be distributed as follows:

(1) That percentage which is determined by the Legislature to be necessary for the administration of the gaming control act shall be allocated and appropriated to the gaming control fund pursuant to the provisions of subsection (b) of this section;

(2) Seventy-five percent of the remaining balance shall be allocated by the Legislature for appropriation to worker's compensation fund until such time as the legislature determines, based on actuarial information and current audits, that the fund has no unfunded liability;

(3) Twenty percent of the remaining balance shall be proportionally divided among the counties and municipalities of this state, using a formula based upon the population of each
municipality and the population of each county living outside any municipality, such population to be determined according to the most recent decennial census conducted by the bureau of the census of the United States department of commerce: Provided, That any county or municipality receiving moneys pursuant to the provisions of subsection (f) of this section shall be excluded from the formula, and the twenty percent shall be proportionally divided only among those counties wherein a gaming vessel or casino is not located;
(4) Four and one-half percent shall be allocated and appropriated by the Legislature to the judges' retirement fund created pursuant to section two, article nine, chapter fifty-one of this code; the policemen's pension and relief fund created pursuant to section sixteen, article twenty-two, chapter eight; and death, disability and retirement fund for the benefit of members of the division of public safety pursuant to section twenty-six, article two, chapter fifteen of this code until such time as the legislature determines, based on actuarial information and current audits, that these retirement funds have no unfunded liability. The Legislature shall determine the amount to be allocated and appropriated to each retirement fund; and

(5) One-half of one percent shall be allocated to the state department of human resources to be used for establishment of programs for the care and rehabilitation of persons identified as exhibiting addictive behavior.

(d) At such time as the Legislature determines that the amounts set forth in subdivisions (1) and (3) of subsection (c) of this section are no longer required to meet the unfunded liability of the workers' compensation fund or any of the retirement funds, the Legislature may allocate and appropriate such amounts as the Legislature determines are necessary to meet any other unfunded liability of this state.

(e) In the event fifteen percent of any licensed gaming vessel's or Class A casino's adjusted gross receipts is less than six million dollars for the tax year, reduced proportionately as to any gaming vessel or Class A casino licensed for less than the full tax year, or fifteen percent of the adjusted gross receipts of the Class B casino is less than twenty-six million dollars, reduced proportionately if the Class B casino is licensed for less than the full tax year, the commission shall notify the licensee of the additional tax due within thirty days of the close of the tax year, which amount shall be paid within thirty days of such
notice.
(f) Four and one-half percent of the adjusted gross receipts of each licensed gaming vessel or casino shall be paid to the municipality and county wherein the facility is located, which location shall be determined by where the gaming vessel is docked or where the casino is primarily situated, to be distributed to the municipality or county as follows:

(1) Forty percent shall be distributed to the municipality where the gaming vessel is docked or the casino is located and, if the gaming vessel is not docked or the casino is not located in a municipality, then the forty percent shall be distributed to the appropriate county commission where the gaming vessel is docked or the casino is located.

(2) Sixty percent shall be proportionally divided among the county where the gaming vessel is docked or the casino is located and each municipality in that county, using a formula based upon the population of each municipality and the population of the county living outside any municipality, such population to be determined according to the most recent decennial census conducted by the bureau of the census of the United States department of commerce.

All distributions pursuant to this subsection shall allocated for expenditure by the governing body of the municipality or county commission receiving the funds.

§11B-11-11. Payment of taxes.

(a) A licensed gaming vessel or casino operator shall file with the state tax commissioner a vessel gaming or casino tax return prescribed by the tax commissioner on or before the twenty- fifth day following each month in which the licensed gaming vessel or casino operator received any gross receipts.

(b) A licensed gaming vessel or casino operator shall pay the vessel gaming or casino taxes imposed by section three of this article, which amount shall be indicated on a return prescribed by the tax commissioner that covers the month that the licensed gaming vessel or casino operator received the gross receipt. The taxes shall be paid to the tax commissioner for deposit in the state gaming fund created in section one of this article for distribution in accordance with section ten of this article.

(c) Within thirty days of the end of the licensee's tax year, the commissioner shall determine if that licensee's taxes paid on adjusted gross receipts was less than the minimum required by subsection (e) of section ten of this article and, if
additional amounts are due, shall notify the licensee of the amount of additional tax due and owing, which amount shall be paid by the licensee within thirty days of such notification.
§11B-11-12. Determination of tax liability.

The tax commissioner shall determine the amount of tax liability imposed pursuant to the provisions of section three of this article, which determination may be reviewed or challenged in accordance with such provisions as may apply to any other determination of tax liability by the state tax commissioner.

§11B-11-13. Penalties.

The tax commissioner may impose penalties for any licensee's failure to make reports, pay taxes, or comply with such other tax obligations as are set forth in this article or by rules adopted by the tax commissioner, which penalties shall be commensurate with penalties imposed by the tax commissioner pursuant to other provisions of this code.

ARTICLE 12. LOCAL APPROVAL OF GAMING ACTIVITIES.

§11B-12-1. Local option election in county or municipality.

A county commission or a Class A gaming location as that term is defined in section one, article six of this chapter:

(1) May, at its discretion, call a special "local option
election" for the purpose of determining the will of the voters as to whether gaming activities shall be permitted within that county or municipality; or
(2) Shall call such special "local option election" to so determine the will of the voters upon the filing of a petition signed by a number of duly registered voters residing within the county or municipality equal to at least five percent of the persons who actually voted at the last general election within the county or municipality, which signatures shall be duly certified by the county clerk of the county wherein the election is held within thirty days of the filing of the petition with the county clerk.

§11B-12-2. Form of petition.

A petition for a local option election may be in any number of counterparts and shall be sufficient if substantially in the following form:

Petition for Local Option Election

Each of the undersigned certifies that he or she is a person residing in the County (City) of ________________, West Virginia, and is duly qualified to vote in said county (city) under the laws of the State, and that his or her name, address and the date of
signing this petition are correctly set forth below.
The undersigned petition that a special election be held within the county (city) upon the following question:

Shall licenses be issued by the West Virginia Gaming Control Commission to permit gaming activities to be conducted in the County (City) of _____________________?

NAME ADDRESS DATE
_____________________ ____________________ ___________
_____________________ ____________________ ___________
(Each person signing must specify either his or her post-office address or street number.)
§11B-12-3. Notice of election.
The county commission or governing body of the municipality shall give notice of the special "local option election" by publication thereof as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the area in which the election is to be held. Such notice shall be so published within fourteen consecutive days next preceding the election.
§11B-12-4. When election held; election officers.
The election shall be held not less than sixty not more than ninety days from the date on which the county commission or governing body of the municipality votes to initiate an election or such date as the petition is certified by the clerk of the county commission of the county in which the election shall be held. In the event the election is predicated upon the filing of a petition, the election shall be held within ninety from the certification of the signatures of the county clerk. The election may be held in conjunction with a primary or general election, or at a special election. The regular election officers of the county or municipal corporation shall open the polls and conduct the election in the same manner provided for general elections.
§11B-12-5. Form of ballot.
On the ballot shall be printed the following:
Shall licenses be issued by the West Virginia Gaming Control Commission to permit gaming activities to be conducted in the County (City) of _____________________?
[] Yes.
[] No.
(Place a cross mark in the square opposite your choice.)
§11B-12-6. How election conducted and results certified.
The ballots shall be counted, returns made and canvassed as in general elections, and the results certified by the commissioners of election to the county commission of the county, or the governing body of the municipality, as the case may be. The county commission or governing body shall without delay certify the result of the election to the gaming control commission.
§11B-12-7. When another election may be held.
When a "local option election" has been held in a county or municipality and gaming activities have been disapproved by the voters, another such election shall not be held for a period of two years: Provided, That an election may be held within a municipality without regard to an election held in or the time limit applicable to the county within which the municipality, or a part thereof, is located.
§11B-12-8. Local control of hours and activities; state preemption.

Notwithstanding the provisions of section three, article six of this chapter, the county commission or the governing body of a municipality, as the case may be, may expand or reduce the hours during which gaming may be conducted. No other local law, ordinance, rule or regulation providing any penalty, disability, restriction, regulation or prohibition for operating a gaming vessel or casino, operating a gaming device or supplying a gaming vessel shall be enacted, and the provisions of this chapter preempt all laws, ordinances, rules or regulations of any county or municipality in conflict herewith.
ARTICLE 13. MISCELLANEOUS PROVISIONS.
§11B-13-1. Declaration of state's exemption from operation of provisions of 15 U.S.C. §1172.

Pursuant to 15 U.S.C. §1171, et seq., the State of West Virginia, acting by and through the duly elected and qualified members of its Legislature, in accordance with and in compliance with the provisions of 15 U.S.C. §1172 (making it unlawful to transport any gambling device to any place in a state from any place outside of such state, and providing exceptions thereto), does hereby declare and proclaim that 15 U.S.C. §1172 shall not apply to any gambling device in this State where the transportation of such a device is specifically authorized by and done in compliance with the provisions of the gaming control act, any other applicable statute of this state, and any legislative rules promulgated pursuant thereto, and that any such gambling device transported in compliance with state law and state regulations shall be exempt from the provisions 15 U.S.C. §1172.
§11B-13-2. Severability.
If any provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter, and to this end the provisions of this chapter are declared to be severable.
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 11. GAMING CONTROL SECTION.
§15-11-1. Short title.

This article, together with the provisions of chapter eleven- b of this code, shall be known and may be cited as the "Gaming Control Act."
§15-11-2. Declaration of policy and legislative findings.
The Legislature finds that the creation of a gaming control section within the division of public safety will facilitate the safe and legal administration of the gaming provisions set forth in chapter eleven-b of this code and declares it to be the policy of this state that the gaming control section shall have the powers and duties set forth in this article and such other powers and duties as may be assigned them by the commission which are not inconsistent herewith.
§15-11-3. Definitions.
As used in the gaming control act, which includes this article and chapter eleven-b, the words and terms set forth in section three, article one of chapter eleven-b and used in this article shall have the meanings ascribed to them in that section, unless a different meaning clearly appears in the context.
§15-11-4. Establishment of the gaming control section.
There is hereby established in the division of public safety the gaming control section. The section is under the immediate supervision of the superintendent of the division of public safety, who is responsible for the exercise of the duties and powers assigned to the section under the provisions of the gaming control act.
§15-11-5. Organization and employees.
(a) The superintendent of the division of public safety shall organize the work of the section in such offices or other organizational units as he or she may determine to be necessary for effective and efficient operation.
(b) The superintendent shall assign members of the division of public safety and such other employees and resources of the division to the gaming control section as may be necessary to fulfill the duties and responsibilities of the section under the gaming control act. The gaming control commission shall reimburse the division of public safety for salaries paid to such members and employees, and shall pay directly or reimburse the division of public safety for all other expenses of such group of members and employees in accordance with actual or estimated costs determined by the superintendent.
(c) The superintendent, if he or she deems such action necessary, may hire legal counsel for the section, notwithstanding the provisions of section two, article three, chapter five of this code or any other code provision to the contrary, or may request the attorney general to appoint assistant attorneys general who shall perform such duties as may be required by the superintendent. The attorney general, in pursuance of such request, may select and appoint assistant attorneys general, to serve during the will and pleasure of the attorney general, and such assistants shall be paid out of any funds allocated and appropriated to the state gaming control fund.
(e) The superintendent may employ such staff or employees as may be necessary to administer and enforce the laws regulating and controlling vessel gaming and casino gaming in accordance with the provisions of the gaming control act.
§15-11-6. Supervisory responsibilities within the gaming control section.

The superintendent shall have control and supervision of the gaming control section and shall be responsible for the work of each of its organizational units. Each organizational unit shall be headed by a member of the division appointed by the superintendent and who shall be responsible to the superintendent for the work of his or her organizational unit.
§15-11-7. General duties and powers of the gaming control section.

(a) The gaming control section shall promptly and in reasonable order investigate all license, registration, certificate and permit applications pending before the gaming control commission; enforce the provisions of the gaming control act, or the legislative rules promulgated hereunder; and prosecute before the gaming control commission all proceedings for violations of the gaming control act, or the legislative rules promulgated hereunder. The section shall provide the gaming control commission with all information necessary for all action under chapter eleven-b of this code, and for all proceedings involving enforcement of the provisions of the gaming control act, or the legislative rules promulgated hereunder;
(b) The section shall:
(1) Investigate the qualifications of each applicant before any license, certificate, or permit is issued pursuant to the provisions of the gaming control act;
(2) Investigate the circumstances surrounding any act or transaction for which approval of the gaming control commission is required;
(3) Investigate violations of the gaming control act and legislative rules promulgated hereunder;
(4) Initiate, prosecute and defend such proceedings before the gaming control commission, or appeals therefrom, as the section may deem appropriate;
(5) Provide assistance upon request by the gaming control commission in the consideration and promulgation of legislative rules;
(6) Conduct continuing reviews of vessel and casino operations through on-site observation and other reasonable means to assure compliance with the gaming control act and legislative rules promulgated hereunder;
(7) Receive and take appropriate action on any referral from the commission relating to any evidence of a violation of the gaming control act or the legislative rules promulgated hereunder;
(8) Exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation for use in considering applicants for any license or registration issued pursuant to the provisions of the gaming control act, or the legislative rules promulgated hereunder;
(9) Conduct audits of gaming vessel and casino operations at such times, under such circumstances, and to such extent as the superintendent shall determine, including reviews of accounting, administrative and financial records, and management control systems, procedures and records utilized by a gaming vessel or casino licensee; and
(10) Be entitled to request and receive information, materials and any other data from any applicant, licensee, licenseholder, permittee or registrant under the gaming control act.
(c) The need for the section to inspect and investigate as provided for in this section shall be presumed at all times. If a gaming vessel operator or casino operator complains to the gaming control commission regarding any investigative procedures of the section which are alleged to be unnecessarily disruptive of gaming operations, the gaming control commission shall review and rule upon the matter. The disruption of a licensee's operations shall be proved by clear and convincing evidence, and establish that: (1) the procedures had no reasonable law enforcement purpose, and (2) the procedures were so disruptive as to unreasonably inhibit gaming operations.
(d) Section employees shall have primary jurisdiction on any gaming vessel or at any casino and may notify and request assistance from any other local law enforcement agency: Provided, That the local law enforcement agencies shall have concurrent jurisdiction with regard to violations of local laws and with regard to any state criminal laws not related to gaming activity as set forth in the provisions of chapter eleven-b of this code.
§15-11-8. Prosecution of criminal violations.
The section shall refer all criminal violations of the gaming control act to the appropriate prosecuting attorney of this state for prosecution. If the division determines that a violation of federal law may exist, the division shall refer the alleged violation to the appropriate office of the United States Attorney for prosecution.
§15-11-9. Civil actions to restrain violations of the gaming control act.

(a) At the request of the gaming control commission or the superintendent, the prosecuting attorney of the county where venue is appropriate may institute a civil action in any circuit court of this state to enjoin a violation of the gaming control act.
(b) An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person.
§15-11-10. Inspection, seizure, and warrants.
(a) The section and section employees, upon approval of the superintendent, shall have the authority, without notice and without warrant:
(1) To inspect and examine any controlled premises;
(2) To inspect all equipment and supplies in or upon any controlled premises;
(3) To seize summarily, remove and impound any equipment or supplies from any controlled premises for the purposes of examination and inspection;
(4) To inspect, examine and audit all books, records, and documents pertaining to the operations of a licensed gaming vessel operator or a licensed casino operator;
(5) To seize, impound or assume physical control of any book, record, ledger, game, device, cash box and its contents, counting room or its equipment, or all or any part of any controlled premises; and
(6) To inspect the person and personal effects of any holder of a license or registration issued pursuant to the gaming control act while that person is present on any controlled premises.
(b) The provisions of subsection (a) of this section shall in no way be deemed to limit warrantless inspections except in accordance with constitutional requirements.
(c) To effectuate further the purposes of this article and chapter eleven-b of this code, the section and section employees may obtain administrative warrants for the inspection and seizure of any property possessed, controlled, bailed or otherwise held by any applicant, licensee, licenseholder, permittee, registrant, intermediary company, or holding company.
(d) Issuance and execution of warrants for administrative inspection shall be in accordance with the following:
(1) Any judge or magistrate of a court having jurisdiction in the county where the inspection or seizure is to be conducted may, upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by the gaming control act or legislative rules promulgated hereunder and for seizures of property appropriate to such inspections. For the purposes of this section, "probable cause" means a valid public interest in the effective enforcement of the gaming control act or legislative rules sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.
(2) A warrant shall issue only upon an affidavit of a person duly designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours of the licensee. It shall designate the judge or magistrate to whom it shall be returned.
(3) A warrant issued pursuant to this section shall be executed and returned within 10 days of its date. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person executing the warrant. The clerk of the court, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall cause them to be filed with the circuit clerk or magistrate court clerk of the court which issued such warrant.
(e) The section is authorized to make administrative inspections to check for compliance by any applicant, licensee, licenseholder, permittee, registrant, intermediary company or holding company in accordance with the provisions of the gaming control act or legislative rules promulgated hereunder, and to investigate any violations thereof.
(f) This section shall not be construed to prevent entries and administrative inspections, including seizures of property, without a warrant:
(1) With the consent of the owner, operator or agent in charge of the premises;
(2) In situations presenting imminent danger to health or safety;
(3) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impractical to obtain a warrant or in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking;
(4) In accordance with the provisions of the gaming control act; or
(5) In all other situations where a warrant is not constitutionally required.