The Lottery Commission may not request a background check of an applicant under section 22B-601 of this article unless the applicant first provides a set of fingerprints and completes and signs a statement that:
(1) Contains the name, address, and date of birth appearing on a valid identification document (as defined in section 22B-312 of this article) of the applicant;
(2) Declares that the applicant has not been convicted of a crime or, if the applicant has been convicted of a crime, contains a description of the crime and the particulars of the conviction. For the purposes of this section, an applicant has not been convicted of a crime if he or she was convicted of a nonmoving motor vehicle violation or a speeding violation that does not arise in connection with a motor vehicle collision;
(3) Notifies the applicant that the Lottery Commission will request a background check under section 22B-601 of this article; and
(4) Notifies the applicant of the applicant's rights under section 22B-604 of this article.
(a) For entering the logic area of any video lottery terminal at any time when a representative of the West Virginia Lottery Commission is not present and observing the process, the service technician shall be fined:
(1) One hundred dollars for a first violation;
(2) One thousand dollars for a second violation; and
(3) Three thousand dollars for a third violation.
(b) For each subsequent violation, the fine imposed by the commission shall increase by $1,000. If two or more service technicians participate in violation of this section, each service technician shall be fined according to this schedule.