WEST virginia Legislature
2016 regular session
Senate Bill 347
By Senators Walters and Boso
[Introduced January 20,
Referred to the Committee on Finance.]
A BILL to amend and reenact §29-22B-1101 of the Code of West Virginia, 1931, as amended, relating to increasing number of limited video lottery terminals allowed at a retail location; and requiring Lottery Commission to conduct a bid for current permit holders prior to September 1, 2016.
Be it enacted by the Legislature of West Virginia:
That §29-22B-1101 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
PART 11. ALLOCATION AND DISTRIBUTION OF VIDEO LOTTERY TERMINALS.
§29-22B-1101. Limitation on number and location of video lottery terminals.
(a) The Lottery Commission may not authorize the placement of more than nine thousand video lottery terminals in restricted access adult-only facilities in this state.
(b) No person may directly
or indirectly operate more than seven and one-half percent of the number of
video lottery terminals authorized in this section, which
be located only in restricted access adult-only facilities.
(c) Exclusive of the
number of terminals authorized for fraternal societies or veterans’
organizations in this section the average number of terminals authorized for
the total of those licenses among other retailers may not exceed five per
location, and no individual location may be authorized to have on the premises
for which the license was issued more than seven video lottery terminals.
No licensed limited video lottery retailer may be authorized to have on the
premises for which the license was issued more than
five seven video
lottery terminals except that a fraternal society or veteran’s veterans’
organization that is (A) a fraternal beneficiary society that is exempt from
federal income tax under section 501(c)(8) of the Internal Revenue Code of
1986, as amended, (B) a domestic fraternal society that is exempt from federal
income tax under section 501(c)(10), or (C) a veterans’ organization that is
exempt from federal income tax under section 501(c)(19) of the Internal Revenue
Code may be authorized to have on the premises for which the license was issued
not more than ten twelve video lottery terminals.
(d) To help accommodate the change in the number of terminals authorized by the amendment to this section enacted during the 2016 regular session of the Legislature, the commission shall conduct a bid no later than September 1, 2016, for permits expiring June 30, 2021, which bid is open to current permit holders only and which shall be conducted in accordance with sections one thousand one hundred six, one thousand one hundred seven and one thousand one hundred nine of this article.
NOTE: The purpose of this bill is to establish a maximum of seven limited video lottery terminals at a regular retail location, and a maximum of twelve terminals at a qualified fraternal or veterans’ organization.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.