COMMITTEE SUBSTITUTE
FOR
H. B. 2921
(By Delegates Ashley, Amores, Staton, Laird, Perdue and Beane)
(Originating in the Committee on the Judiciary)
[March 3, 1999]
A BILL to amend chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article nine, relating to
creating the "Amusement Device Control Act of 1999"; providing
definitions; regulating use of devices and establishing a
licensing fee; authorizing the alcoholic beverage commissioner
to promulgate emergency rules and propose legislative rules;
providing survey of amusement devices; prohibiting use of
devices for illegal purposes; and establishing criminal
penalties for noncompliance.
Be it enacted by the Legislature of West Virginia:
That chapter sixty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article nine, to read as follows:
ARTICLE 9. THE AMUSEMENT DEVICE CONTROL ACT OF 1999.
§60-9-1. Short title.
This article shall be known as "The Amusement Device Control
Act of 1999."
§60-9-2. Legislative findings and purpose.
The Legislature hereby finds that there is not adequate
control of the use of machines, found in various business
establishments in this state, that could be used for purposes in
violation of the provisions of section one, article ten, chapter
sixty-one of this code which prohibits any slot machine, multiple
coin console machine, multiple coin console slot machine or device
in the nature of a slot machine which has no name. The regulation
and control of these no name machines is essential to the safety
and welfare of the people of this state in the prohibition of non- approved sanctioned amusement devices and machines.
This
definition does not include any device or apparatus under the
jurisdiction of the West Virginia lottery commission.
§60-9-3. Definitions.
As used in this article:
(1) "amusement device" means those machines or devices which
have no other name, are in the nature of a slot machine or any slot
machine, multiple coin console machine, multiple coin console slot
machine or device in the nature of a slot machine, or device of
like kind
and are kept and maintained in business establishments.
(2) "commissioner" means the alcohol beverage control commissioner.
§60-9-4. Rules necessary for effective administration.
The commissioner is authorized to propose for legislative
approval in accordance with article three, chapter twenty-nine-a of
this code, rules, consistent with the policy and objectives of this
article, as he or she may consider necessary to protect the public
interest in carrying out its provisions. The commissioner may
adopt emergency rules to timely execute his or her duties under
this article.
§60-9-5. Amusement device survey; ownership; location
; license
fee
.
(a) Every person doing business in this state and owning any
interest in an amusement device or devices as defined herein, or
owning an interest in any firm, corporation or other entity having
ownership in those devices, whether or not licensed to do business
in this state, shall, on or before the first day of July, one
thousand nine hundred ninety-nine, report to the commissioner, as
to each device, the following: (1) Make; (2) model; (3) serial
number; (4) name(s) of owner(s); (5) address(es) of owner(s); (6)
telephone number(s) of owner(s); (7) the name(s) of the person(s)
having the actual physical possession of the device; (8) the
address(es) and telephone number of the person having the actual
physical possession of the device; and (9) the actual physical
location of the device, together with such additional information as the commissioner may require.
(b) Every person doing business in this state who is in
possession, but not the owner of an amusement device or devices as
defined herein shall, on or before the first day of July, one
thousand nine hundred ninety-nine, file a report with the alcohol
beverage control commissioner, as to each device, the following:
(1) Make; (2) model; (3) serial number; (4) name(s) of owner(s);
(5) address(es) of owner(s); (6) telephone number(s) of owner(s);
(7) filer's name, address and telephone number; (8) the actual
physical location of the device, together with such additional
information the commissioner may require.
(c) A license is required for each device. The commissioner
shall issue a license upon the payment of an annual license of one
thousand dollars for each device shall be paid to the commissioner.
The fee shall due on the first day of July of each year. The fee
shall be prorated for each machine, after the first day of July of
each year based on the number of months remaining prior to the July
first renewal period.
§60-9-6. Continuing participation in survey.
Commencing on the first day of July, one thousand nine hundred
ninety-nine and continuing thereafter until otherwise required
under rules proposed by the commissioner, every person doing
business in this state who acquires the ownership or possession of
an amusement device as described in this article, including those persons who made full and apt disclosure on or before that date,
shall, within thirty days of the acquisition thereof, notify the
commissioner, as to each device, the following: (1) Make; (2)
model; (3) serial number; (4) name(s) of owner(s); (5) address(es)
of owner(s); (6) telephone number(s) of owner(s); (7) the name(s)
of the person(s) having the actual physical possession of the
device; (8) the address(es) and telephone numbers(s) of the
person(s) having the actual physical possession of the device; and
(9) the actual physical location of the device, together with such
additional information the commissioner may require.
§60-9-7. Limitation on criminal liability.
Except for prosecutions under section nine of this article,
relating to failure to disclose ownership or possession of
amusement devices, no information filed with the commissioner
pursuant to the requirements of sections five and six of this
chapter is admissible in evidence in any criminal proceeding
against: (1) The person or persons providing the information; (2)
any person or persons whose names, address, or telephone numbers
appear in the filings; and (3) any person who, but for the filing
of the required information, would have been unknown to
prosecutorial authorities.
§60-9-8. Payoff mechanisms not legalized.
Nothing contained in this article may be deemed to legalize,
authorize, license or permit any machine, apparatus or device to be equipped with any automatic money payoff mechanism or to be used
for unlawful gaming or gambling activity as defined under
applicable federal laws and the laws of this state.
§60-9-9. Failure to disclose; concealment; penalties.
(a) Any person who willfully fails to disclose the ownership
or possession of an amusement device, as herein required or as
hereafter from time to time required by the commissioner is, as to
each failure, is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in the county or regional jail for a
period not to exceed six months and fined not less then two hundred
fifty nor more than five hundred dollars.
(b) Any person violating the provisions of subsection (a) of
this section is, for the second offense thereof, guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county or regional jail for a period not less then ten days nor
more than one year and fined not less than two hundred fifty nor
more than one thousand dollars.
(c) Any person violating the provisions of subsection (a) of
this section is, for the third offense thereof, guilty of a felony
and, upon conviction thereof, shall be imprisoned in a state
correctional institution for not less than one nor more than three
years and fined not less than two thousand nor more than ten
thousand dollars.