Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-3-2 - DefinitionsFor the purposes of this rule, the following words and phrases have the meaning ascribed to them in this Section unless the context of the rule clearly indicates otherwise.
2.1. "Accessibility of the public to the licensed premises proposed by applicant" means the ability of a significant number of customers to frequent a business location and to thereby be exposed to the availability of lottery games; and it also means the ability of a person with a disability covered by the Americans With Disabilities Act to play lottery games at that location.2.2. "Act" or "State Act" means the State Lottery Act, W. Va. Code '29-22-1 et seq.2.3. "ADA" means the Americans with Disabilities Act of 1990, 42 United States Code, ''12101-12213 and 47 United States Code, '225 and '611.2.4. "Agency" means the State Lottery, its Director and the State Lottery Commission which operate and administer the West Virginia State Lottery, pursuant to authority granted under the Act.2.5. "Applicant" means a person who has filed an application to become a lottery retailer or lottery sales agent.2.6. "Commission" or "State Lottery Commission" means the State Lottery Commission created by the Act.2.7. "Director" means the individual appointed by the Governor to provide management and administration necessary to direct the Lottery office or any other person to whom the Director's authority is lawfully delegated.2.8. "Disability" with respect to an individual means that the individual has a physical or mental impairment that substantially limits one or more of the major life activities of the individual; or, that the individual has had a record of such an impairment; or, that the individual is regarded as having such an impairment.2.9. "Enforcement Authority" means the United States Department of Justice; or, the West Virginia Human Rights Commission, W. Va. Code '5-11-1 et seq.; or, any West Virginia municipal or county building code inspection officer. 2.10. "Lottery Game" means the public gaming system or games established and operated by the state lottery office.2.11. "Lottery licensed facility" means a place of public accommodation operated by a licensed lottery sales agent or a lottery retailer, including all or any portion of buildings, structures, sites, complexes, equipment, walks, passageways, parking lots, or other real or personal property including the site where the building, property, structure, or equipment is located, to the extent used in the conduct of lottery activities.2.12. "Lottery Retailer" or "Retailer" means any person licensed by the Commission to sell and dispense instant tickets and materials or lottery games.2.13. "Lottery Sales Agent" or "Sales Agent" or "On-Line Agent" means any person licensed by the Commission to sell and dispense lottery tickets and materials, and to operate electronic terminals, and lottery games in the sales and dispensing of lottery tickets and materials.2.14. "Lottery Ticket" or "Tickets" means tickets or other tangible evidence of participation used in lottery games or gaming systems.2.15. "Readily achievable" means an action to be taken by a lottery retailer or lottery sales agent that is easily accomplished and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:2.15.1. The nature and cost of the action needed;2.15.2. The overall financial resources of the site or sites involved in the action; the number or persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;2.15.3. The geographic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;2.15.4. If applicable, the overall financial resources of any parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and2.15.5. If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.