W. Va. Code R. § 179-4-2

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-4-2 - Definitions

For 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, or unless inconsistent with the manifest intention of the State Lottery Commission.

2.1. "Act" means the Limited Gaming Facility Act, W. Va. Code § 29-25-1 et seq.

2.2. "Adjusted gross receipts" means the dollar amount that is won by the limited gaming facility licensee through play at live authorized games of chance, which is the total of United State currency, chips, front money or markers contained in the drop box, plus ending chip inventory, minus opening chip inventory, plus chip credits minus table fills, minus match play coupons.

2.3. "Agency" and "Lottery" mean the West Virginia State Lottery, its Director and the West Virginia State Lottery Commission and its Commissioners which operate and administer the West Virginia State Lottery, pursuant to authority granted under the Act and under the state lottery act, W. Va. Code § 29-22-1 et seq.

2.4. "Application" means all materials and information comprising the applicant's request for the limited gaming facility license, supplier's license, or occupational license submitted by the applicant to the Commission, including, but not limited to, the instructions, forms, and other documents required by the Commission for purposes of application for a license under the Act and this rule.

2.5. "Associated equipment" means any of the following:

2.5.a. Any equipment which is a mechanical, electromechanical, or electronic contrivance, component, or machine and which is used indirectly or directly in connection with gaming;

2.5.b. Any equipment that would not otherwise be classified as a gaming device, including, but not limited to, links, modems, and dedicated telecommunication lines, that connects to progressive video lottery terminals;

2.5.c. Computerized systems that monitor video lottery terminals, table games, and other gambling games approved by the Commission;

2.5.d. Equipment that affects the proper reporting of gross receipts;

2.5.e. Devices for weighing and counting money; and

2.5.f. Any other equipment that the Commission determines requires approval as associated equipment to protect the integrity of gaming and ensure compliance with the Act and this rule.

2.6. "Attributed interest" means any direct or indirect interest in a business entity determined by the Commission to be held by an individual through holdings of the individual's immediate family or other persons and not through the individual's actual holdings.

2.7. "Bill changer" means an electromechanical device attached either on or into a video lottery terminal for the purpose of dispensing an amount of tokens or credits equal to the amount of cash or cash equivalency inserted into the bill changer. The bill changer shall accept and analyze the legitimacy of United States or foreign currency accepted by the bill changer. If a credit is issued, then the player shall have the option of taking the entire amount of credits in tokens or utilizing any portion of the registered credits to activate the video lottery terminals as a wager.

2.8. "Cage" and "cage area" means a secure work area within the casino for cashiers and a storage area for the casino's working fund of cash and gaming chips; it also serves as a depository control for gaming credit instruments.

2.9. "Cash" means United States currency and coin or foreign currency and coin that has been exchanged for its equivalent United States currency and coin value.

2.10. "Cash equivalent" means an asset, other than recognized credit cards or credit extended by the limited gaming facility licensee, that is readily convertible to cash. All instruments that constitute a cash equivalent shall be made payable to the limited gaming facility licensee, bearer, or cash. If an instrument is made payable to a third party, the instrument shall not be considered a cash equivalent. Cash equivalent instruments include, but are not limited to, any of the following:

2.10.a. Travelers checks;

2.10.b. Certified checks, cashier's checks, and money orders;

2.10.c. Personal checks or drafts;

2.10.d. Credit extended by the limited gaming facility licensee, a recognized credit card company, or banking institution; and

2.10.e. Any other instrument that the Commission considers a cash equivalent.

2.11. "Casino" means a facility licensed by the Commission to offer to the public both video lottery games and West Virginia Lottery table games under W.Va. Code § 29-25-1et seq.

2.12. "Casino operations" means operations of the limited gaming facility other than gambling operations, including the purveying of food, beverages, and retail goods and services in the gaming area of the historic hotel.

2.13. "Casino surveillance room" means a room or rooms at the limited gaming facility for monitoring and recording casino operations and gambling operations by the limited gaming facility licensee.

2.14. "Chip" means a small disk issued by the limited gaming facility licensee representing a set value that is used for making wagers at authorized games of chance and is redeemable for only cash, the limited gaming facility licensee's check or in redemption of a marker.

2.15. "Commission" or "State Lottery Commission" means the State Lottery Commission created by the State Lottery Act, W. Va. Code § 29-22-1 et seq. In context, "Commission" may also mean the state lottery office.

2.16. "Complaint form" means the form, prescribed by the Commission, that a patron shall complete and submit to file a patron complaint.

2.17. "Counterfeit chips or tokens" means chip-like or token-like objects that have not been approved under this rule, including objects commonly referred to as slugs, but not including legal coins of the United States or any other nation.

2.18. "Count room" means the room or rooms designated for the counting, wrapping, and recording of the limited gaming facility licensee's gaming receipts.

2.19. "Dependent" means any individual who received over 1/2 of his or her support in a calendar year from any other individual.

2.20. "Designated gaming area" means one or more specific floor areas of the limited gaming facility within which the commission has authorized operation of video lottery terminals or authorized games of chance, or the operation of both video lottery terminals and authorized games of chance.

2.21. "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.

2.22. "Drop" means the total amount of tokens removed from the drop bucket of a video lottery terminal, the currency removed from the bill changers, and the dollar amount of the currency, coins, chips, tokens, or credits removed from the live gaming devices. If a patron is using an electronic card, then the drop includes the amount deducted from a patron's account as a result of video lottery terminal play.

2.23. "Drop box" means the box attached to a live gaming device table that is used to collect, but is not limited to, any of the following items:

2.23.a. Currency;

2.23.b. Coin;

2.23.c. Chips;

2.23.d. Cash equivalents;

2.23.e. Damaged chips;

2.23.f. Documents verifying the extension of credit;

2.23.g. Request for fill and credit forms;

2.23.h. Fill and credit slips;

2.23.i. Error notification slips;

2.23.j. Table inventory forms; and

2.23.k. All other forms used by the limited gaming facility licensee and deposited in the drop box as part of the audit trail.

2.24. "Drop bucket" means the container in the locked portion of a video lottery terminal or the cabinet of a video lottery terminal that is used to collect the tokens retained by the video lottery terminal which are not used to make automatic payments from the video lottery terminal and which are subject to authorized removal.

2.25. "Electronic card" means a card or voucher purchased from, or provided by, the limited gaming facility licensee for use at the licensee's casino as a substitute for tokens for the conduct of gaming on a video lottery terminal.

2.26. "Excluded person" means a person whose name appears on an exclusion list of any jurisdiction, or a person whose name does not appear on an exclusion list, but who is excluded or ejected as a result of meeting one or more of the exclusion criteria specified in this rule.

2.27. "Exclusion list" means a list or lists that contain identities of persons who are to be excluded or ejected from any gambling operation in any jurisdiction.

2.28. "Financial statement" means any of the following:

2.28.a. A balance sheet;

2.28.b. An income statement;

2.28.c. A profit and loss statement;

2.28.d. A statement of cash flow; or

2.28.e. A sources and uses of funds statement.

2.29. "Front money" means a patron deposit that is used in lieu of credit to guarantee payment of a marker issued or to establish a line of credit for wagering purposes.

2.30. "Game" means any individual or particular type of casino game authorized by the West Virginia State Lottery Commission.

2.31. "Gaming area" means the room or rooms in the limited gaming facility in which gaming is conducted.

2.32. "Gaming day" means the twenty-four hour period that begins at 7:00:00 a.m. and concludes at 6:59:59 a.m.

2.33. "Gaming equipment or supplies" means layouts for live table games; any representatives of value, including, without limitation, chips, tokens, or electronic debit cards and related hardware and software that do not affect the result of a game; or a machine, mechanism, device, or implement that affects the result of a gambling game by determining a win or loss, including, without limitation, any of the following:

2.33.a. Video lottery terminals;

2.33.b. Software;

2.33.c. Cards; and

2.33.d. Dice.

2.34. "Hearing officer" means the Commission member, the Director or the administrative hearing officer designated by the Director to conduct or assist the Commission in the conduct of a hearing on any matter within the jurisdiction of the Commission.

2.35. "Historic resort hotel" means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its national registry of historic places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility.

2.36. "Holding company" means any person, other than an individual, that:

2.36.a. Directly or indirectly owns, has the power or right to vote or control, or holds with the power to vote five percent or more of the stock, equity interest, or other voting security of a person that holds, or has applied for, the limited gaming facility license or a supplier's license; or

2.36.b. Directly or indirectly holds, or substantially owns, any power, right, or security through any interest in a subsidiary or successive subsidiaries, regardless of how many subsidiaries may intervene between the holding company and the holder or applicant for, or holder of, the limited gaming facility license or a supplier's license.

2.37. "Immediate family" means any of the following, whether by whole or half blood, marriage, adoption, or effect of law:

2.37.a. A spouse, other than a spouse who is legally separated from the individual under a decree of divorce or separate maintenance;

2.37.b. A parent;

2.37.c. A child;

2.37.d. A dependent;

2.37.e. A sibling;

2.37.f. A spouse of a sibling;

2.37.g. A father-in-law; or

2.37.h. A mother-in-law.

2.38. "Indirect interest" means an interest, claim, right, legal share, or other financial stake in a person that is determined by the Commission to exist by virtue of a financial or other interest in another person.

2.39. "Individual" means any natural person.

2.40. "Intermediary company" means any corporation, firm, partnership, trust, limited liability company, or other form of business entity that:

2.40.a. Is a holding company of a person that has applied for or holds the limited gaming facility license or a supplier license; or

2.40.b. Is a direct-line subsidiary of any holding company of a person that has applied for or holds the limited gaming facility license or supplier license.

2.41. "Internal control system" means the internal procedures, administration, and accounting controls designed by the limited gaming facility licensee for the purpose of exercising control over the gambling operation and its assets.

2.42. "Junket" means an arrangement to induce persons who are selected or approved for participation on the basis of their ability to satisfy a financial qualification obligation related to their ability or willingness to come to the limited gaming facility for the purpose of gambling and who receive as consideration all or part of the cost of transportation, food or entertainment directly or indirectly paid by the limited gaming facility licensee or its agent.

2.43. "Junket representative" means a person, other than the limited gaming facility licensee or the limited gaming facility license applicant, who receives payment for the referral, procurement, or selection of persons who may participate in a junket to the limited gaming facility in West Virginia, based upon the person's actual or calculated potential to wager or lose, regardless of whether the activities of the junket representative occur within the State of West Virginia.

2.44. "Key person" means any of the following entities:

2.44.a. An officer, director, trustee, partner, or proprietor of a person that has applied for or holds the limited gaming facility or a supplier license or an affiliate or holding company that has control of a person that has applied for or holds the limited gaming facility license or a supplier license;

2.44.b. A person that holds a combined direct, indirect, or attributed debt or equity interest of five percent or more in a person that has applied for or holds the limited gaming facility license or a supplier license;

2.44.c. A person that holds a combined direct, indirect, or attributed equity interest of five percent or more in a person that has a controlling interest in a person that has applied for or holds the limited gaming facility license or a supplier license;

2.44.d. A managerial employee of a person that has applied for or holds the limited gaming facility license or a supplier license in West Virginia, or a managerial employee of an affiliate or holding company that has control of a person that has applied for or holds the limited gaming facility license or a supplier license in West Virginia, who performs the function of principal executive officer, principal operating officer, principal accounting officer, or an equivalent officer;

2.44.e. A managerial employee of a person that has applied for or holds the limited gaming facility license or a supplier license, or a managerial employee of an affiliate or holding company that has control of a person that has applied for or holds the limited gaming facility license or supplier license, who will perform or performs the function of gaming operations manager, or will exercise or exercises management, supervisory, or policy-making authority over the proposed or existing gambling operation, casino operation, or supplier business operations in West Virginia and who is not otherwise subject to occupational licensing in West Virginia; or

2.44.f. An institutional investor who has a controlling interest in the licensee. For purposes of this rule, the term institutional investor does not include owners of common stock of a licensee by a state or federally licensed banking institution, nor does it include ownership of a licensee's stock by an institutional investor such as a pension fund or a mutual fund registered with the United State Securities and Exchange Commission, as well as a registered investment company, a registered investment advisor, a collective trust fund or a qualified insurance company as those entities are defined in the Investment Company Act of 1940 and the Investment Advisors Act or 1940, that is holding the stock only as an investment and not for purposes of control of the licensee or permit holder.

2.45. "Licensee" means a person who holds a license under the Act.

2.46. "Limited gaming facility license" means a license issued by the Commission to one person to own or operate one casino in West Virginia under the Act.

2.47. "Live game" means a table game that is played at a gaming table operated by employees of the licensed limited gaming facility who are physically present at the table during all table game play.

2.48. "Live gaming device" means any non-electrical or non-electromechanical apparatus used to gamble upon, including, but not limited to, any of the following:

2.48.a. A roulette wheel and table;

2.48.b. A blackjack table;

2.48.c. A craps table; or

2.48.d. A poker table; or

2.48.e. Other Commission-approved table games.

2.49. "Lottery," when the first letter is capitalized, means the State Lottery of West Virginia, its Director and the State Lottery Commission and its Commissioners who operate and administer the State Lottery, pursuant to authority granted under the Act and under the State Lottery Act, W.Va. Code § 29-22-1 et seq., and the Authorized Gaming Facility Act, W.Va. Code § 29-25-1 et seq.

2.50. "Lottery casino premises office" means dedicated office space in the limited gaming facility which is for the exclusive use of the West Virginia Lottery for performing any of its functions and which is separate from, and does not include, the surveillance room.

2.51. "Lottery central control computer" means one or more computer systems which are approved by the Commission and:

2.51.a. Are connected to all video lottery terminals in the limited gaming facility to record and contemporaneously monitor the play and cash flow and security of each video lottery terminal;

2.51.b. Are capable of monitoring the activities of the live gaming devices, including, but not limited to, any of the following or their equivalents:

2.51.b.1. Table fills;

2.51.b.2. Table credits; and

2.51.b.3. Table gaming receipts, disbursements, and revenues;

2.51.c. Are capable of tracking the activities of the live gaming devices, including, but not limited to, the following or their equivalents:

2.51.c.1. Table game inventories; and

2.51.c.2. Employee gratuity receipt and disbursement accounting;

2.51.d. Are capable of monitoring the activities of the main bank and all cages, including, but not limited to, the following or their equivalents:

2.51.d.1. Manual payouts;

2.51.d.2. Hopper credits and hopper fills; and

2.51.d.3. Table credits and fills;

2.51.e. Are capable of tracking the activities of the main bank and all cages, including, but not limited to, the following or their equivalents:

2.51.e.1. A receipt and record of hard and soft count;

2.51.e.2. A record of gaming receipts, disbursements and revenues;

2.51.e.3. A cashier checkout;

2.51.e.4. The Main bank and cage inventory;

2.51.e.5. Deposits;

2.51.e.6. Cash transaction reports; and

2.51.e.7. Patron credit;

2.51.f. Are capable of monitoring the limited gaming facility licensee's casino accounting package; and

2.51.g. Are linked by dedicated telecommunication lines to Commission-designated computer terminals located in Commission offices on and off the limited gaming facility's premises. The terminals shall be able to access, receive, and display the information required and prescribed by the Commission.

2.52. "Lottery-specified identifier symbol" means a logo, symbol or icon that is the intellectual property of the State Lottery Commission created and designated specifically for use on West Virginia Lottery table game equipment and supplies as allowed by W.Va. Code § 29-25-34.

2.53. "Lottery surveillance room" means dedicated office space in the limited gaming facility for the exclusive use of the West Virginia Lottery for the monitoring and recording of gaming or any other activities.

2.54. "Main bank" means the casino department that is responsible for at least all of the following:

2.54.a. Cashing customer checks;

2.54.b. Establishing hold check privileges;

2.54.c. Redeeming chips or tokens, or both;

2.54.d. Providing working funds to all operational departments;

2.54.e. Deposits of front money;

2.54.f. Maintaining custody of all inventory;

2.54.g. Processing markers; and

2.54.h. Assuming responsibility for all of the following individuals and physical structures:

2.54.h.1. Casino cashiers;

2.54.h.2. Change attendants;

2.54.h.3. Main bank vault or vaults; and

2.54.h.4. Any other structure that houses tokens, chips, or other representatives of value that the main bank is accountable for.

2.55. "Marker" means an electronic or written document that evidences an extension of credit to a patron by the limited gaming facility licensee, including any writing taken in consolidation, redemption, or payment of a previous marker.

2.56. "Match play coupon" means a promotional item in paper or plastic form with a fixed stated play ratio and value that is issued and used by the limited gaming facility licensee, and the stated value of which, when presented by a patron with gaming chips which are in the stated ratio in value to the stated value of the promotional item, is included in the amount of the patron's wager in determining the amount the patron receives as the result of a winning wager made with the gaming chips and their accompanying promotional item.

2.57. "Non-value chip" means a chip which is clearly and permanently impressed, engraved, or imprinted with the name of the limited gaming facility licensee, but which does not bear a value designation.

2.58. "One-on-one continuous surveillance" means that a licensed surveillance employee is dedicated to continuously monitor a given area without interruption or distraction as prescribed by the Commission.

2.59. "Patron complaint" means a complaint a patron has regarding winnings and losses or the conduct of gambling at the limited gaming facility.

2.60. "Payout" means the winnings that result from a wager.

2.61. "Person" means a human being, association, corporation, club, trust, estate, society, governmental entity, company, joint stock company, receiver, trustee, assignee, referee, and anyone acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of human beings.

2.62. "Picture identification" means a driver license or other piece of identification which is issued by a governmental entity and which has a picture of the individual affixed to, or otherwise part of, the document.

2.63. "Pit" means the area enclosed or encircled by the arrangement of the gaming tables in which casino gambling personnel administer and supervise the live games played at the tables by patrons located outside the perimeter of the area.

2.64. "Player tracking system" means an electronic system attached to and integrated with one or more video lottery terminals at the limited gaming facility licensee that is accessed by persons who have voluntarily agreed to be participants in a player club or player benefits program by whatever name called. This type of computer system is sometimes called a cash management system or a slot accounting system by the general gaming industry.

2.65. "Progressive game" means a video lottery game with a jackpot feature. Only when a video lottery terminal displays the required sequence of numbers, letters or symbols is the jackpot won. At all other times, the jackpot wager contributions are allowed to accumulate, or "progress," in a jackpot prize pool until the jackpot prize is won. In this regard, it is similar to other jackpot games offered by the Lottery, such as PowerBall.

2.66. "Predecessor company" means an entity which no longer exists in its original form, but which has assets that have been acquired, in substantial part, by another person or which has undergone certain internal changes, such as a change in identity, form, or capital structure.

2.67. "Public offering" means a sale of securities that is subject to the registration requirements of section 5 of the securities act of 1933, 15 U.S.C. § 77 e, or that is exempt from the registration requirements solely by reason of an exemption contained in either of the following provisions:

2.67.a. Section 3(a)(10), 3(a)(11), or 3(c) of the securities act of 1933, 15 U.S.C. § 77 c(a)(10), 15 U.S.C. § 77 c(a)(11), or 15 U.S.C. § 77 c(c); or

2.67.b. Regulation A or regulation D adopted under section 3(b) of the securities act of 1933, 15 U.S.C. § 77 c(b).

2.68. "Publicly held company" or "publicly traded corporation" means any of the following:

2.68.a. A person, other than an individual, to which either of the following provisions applies:

2.68.a.1. The person has one or more classes of voting securities registered under section 12 of the Securities and Exchange Act of 1934, 15 U.S.C. § 78 l;

2.68.a.2. The person issues securities and is subject to section 15(d) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78 o(d); or

2.68.a.3. Another person, other than an individual, required to file under the Securities and Exchange Act of 1934, 15 U.S.C. § 78 a et seq.;

2.68.b. A person, other than an individual, created under the laws of a foreign country to which both of the following provisions apply:

2.68.b.1. The person has one or more classes of voting securities registered on the foreign country's securities exchange or over-the-counter market, including any person, other than an individual, that has securities registered or is an issuer under this definition solely because it guaranteed a security issued by an affiliate under a public offering and is considered by the Securities and Exchange Commission to be a co-issuer of a public offering of securities under rule 140 of the Securities and Exchange Act of 1934, 15 U.S.C. § 78;

2.68.b.2. The Commission has determined that the person's activities are regulated in a manner that protects the investors and the State of West Virginia, including any person, other than an individual, that has securities registered or is an issuer under this definition solely because it guaranteed a security issued by an affiliate under a public offering and is considered by the Securities and Exchange Commission to be a co-issuer of a public offering of securities under rule 140 of the Securities and Exchange Act of 1934, 15 U.S.C. § 78; and

2.68.c. A person, other than an individual, that has shares which are traded on an established securities market or traded on a secondary market.

2.69. "RAM" or "random access memory" means the electronic component used for computer work space and storage of volatile information in a video lottery terminal.

2.70. "Randomness" means the unpredictability and absence of pattern in the outcome of an event or sequence of events.

2.71. "Random number generator" means hardware, software, or a combination of hardware and software devices for generating number values that exhibit the characteristics of randomness.

2.72. "Registered agent" means an individual designated to accept service of legal process on behalf of another person.

2.73. "Related party" means one of the following:

2.73.a. An individual or business entity that has a pecuniary interest in the limited gaming facility licensee, a license applicant, or an affiliate thereof, if the limited gaming facility licensee, license applicant, or affiliate is not a publicly held company;

2.73.b. A holder of five percent or more of the outstanding shares of the limited gaming facility licensee, a license applicant, or an affiliate thereof, if the limited gaming facility licensee, license applicant, or affiliate is a publicly held company;

2.73.c. A key person of the limited gaming facility licensee, a license applicant, or an affiliate of the limited gaming facility licensee or a license applicant;

2.73.d. An affiliate of the limited gaming facility licensee or a license applicant;

2.73.e. An immediate family member of a holder of five percent or more of the outstanding shares of the limited gaming facility licensee, a license applicant, or an affiliate of the limited gaming facility licensee or a license applicant;

2.73f. A relative of a key person of the limited gaming facility licensee, a license applicant, or an affiliate of the limited gaming facility licensee or a license applicant;

2.73.g. A relative of an affiliate of the limited gaming facility licensee or a license applicant;

2.73.h. A trust for the benefit of, or managed, by the limited gaming facility licensee, a license applicant, or an affiliate or a key person of the limited gaming facility licensee or a license applicant;

2.73.i. Any other person who is able to significantly influence the management or operating policies of the limited gaming facility licensee, a license applicant, or an affiliate of the limited gaming facility licensee or a license applicant; or

2.73.j. An institutional investor that has a controlling interest in a person that has applied for or holds the limited gaming facility license or supplier license.

2.74. "Related party transactions" means transactions relating to gambling or video lottery operations between the limited gaming facility licensee or license applicant and at least one of the following:

2.74.a. A related party;

2.74.b. An immediate family member; or

2.74.c. A dependent.

2.75. "Relative" means any of the following entities whether by whole or half blood, marriage, adoption, or natural relationship:

2.75.a. A spouse, other than a spouse who is legally separated from the individual under a decree of divorce or separate maintenance.

2.75.b. A parent;

2.75.c. A grandparent;

2.75.d. A child;

2.75.e. A grandchild;

2.75.f. A sibling;

2.75.g. An uncle;

2.75.h. An aunt;

2.75.i. A nephew;

2.75.j. A niece;

2.75.k. A first cousin;

2.75.l. A father-in-law;

2.75.m. A mother-in-law;

2.75.n. A son-in-law;

2.75.o. A daughter-in-law;

2.75.p. A brother-in-law;

2.75.q. A sister-in-law; or

2.75.r. A dependent.

2.76. "Sole proprietor" means an individual who owns 100% of the assets and who is principally liable for the debts of a business, regardless of whether another person guarantees payment of the debts.

2.77. "Subsidiary" means a person, other than an individual, including, without limitation, a firm, partnership, trust, limited liability company, or other form of business organization in which an equity interest is owned, subject to a power or right of control, or held with the power to vote directly, indirectly, or in conjunction with a holding company or intermediary company.

2.78. "Substantial creditor" means the holder of a debt instrument against a person which is secured or unsecured, matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent, and which has an aggregate amount of $100,000.00 or more.

2.79. "Substantial owner" means the holder, whether owned directly, indirectly or attributed, of any of the following:

2.79.a. Five percent or more of the total combined voting power of a corporation or five percent or more of the total value of shares of all classes of stock of a corporation;

2.79.b. Five percent or more interest in a partnership.;

2.79.c. Five percent or more of the value of a trust computed actuarially; or

2.79.d. Five percent or more of the legal or beneficial interest in any other person.

2.80. "Substantial recreational guest amenities" means hotel services including room service, internal access to full-service restaurants, optional guest room turn-down service, valet parking, luggage services, spas and/or a fitness center, golf courses, swimming pools, twenty-four hour housekeeping services, concierge service, in-room movies service, high-speed Internet connectivity in guest rooms, and ample rooms and services for physically handicapped patrons.

2.81. "Supplier" means a person who provides the limited gaming facility with goods or services regarding the realty, construction, maintenance, or business to the limited gaming facility including, but not limited to any of the following:

2.81.a. Junket enterprises;

2.81.b. Casino security businesses;

2.81.c. Manufacturers of gaming devices, video lottery terminals, supplies, articles or equipment;

2.81.d. Distributors of gaming devices, supplies, articles or equipment; and

2.81.e. Persons who service gaming devices or equipment.

2.82. "Surety bond" means a contractual arrangement between the surety, the principal, and the obligee that the surety agrees to protect the obligee if the principal defaults in performing the principal's contractual obligation. The bond is the instrument that binds the surety.

2.83. "Suspected problem area" means an area where unusual occurrences have been observed or good reason exists to believe unusual occurrences will occur.

2.84. "Table drop" means the total dollar amount of United States and foreign currency, chips, marker or credit contained in the drop box of a live gaming device.

2.85. "Table win" means the dollar amount which is won by the limited gaming facility licensee through play at a live game and which is the total of the table drop, plus ending chip inventory, minus opening chip inventory, plus chip credits, minus fills.

2.86. "Theoretical payout percentage" means the sum of the number of cash equivalents, credits, or tokens expected to be paid as a result of the jackpots divided by the number of different possible outcomes.

2.87. "Tilt condition" means a programmed error state for a video lottery terminal that occurs when the video lottery terminal detects an internal error malfunction or attempted cheating. The video lottery terminal ceases processing further input, output, or display information other than that indicating the tilt condition itself.

2.88. "Token" means a representation of value which is redeemable for cash only at the issuing limited gaming facility gambling operation and which is issued and sold by the limited gaming facility licensee for use in the video lottery terminal at its gambling operation.

2.89. "Value chip" means a chip that is clearly and permanently impressed, engraved, or imprinted with the name of the limited gaming facility and the specific value of the chip.

2.90. "Video lottery terminal" means a commission-approved interactive electronic terminal device which is connected with the commission's central computer system, and which is used for the purpose of playing video lottery games authorized by the commission. A video lottery terminal may simulate the play of one or more video lottery games.

2.91. "Video lottery terminal drop" means the total value of tokens contained in the drop bucket and the currency collected from bill chargers. If a patron is using an electronic card, then the drop includes the amount deducted from a patron's account as a result of video lottery terminal play.

2.92. "Voting security" means a security that the holder is entitled to vote generally for the election of a member or members of the board of directors or board of trustees of a corporation or a comparable person or persons in the case of a partnership, trust, or another form of business organization other than a corporation.

2.93. "Wager" means an item that is representative of value risked on a gambling game authorized under the Act and this rule.

2.94. "Wide-area progressive system" means a system of video lottery terminals which are approved by the Commission and which are linked across telecommunication lines as part of a network connecting separate video lottery gaming locations licensed by the Commission with an aggregate prize or prizes. "Wide-area progressive system" can also mean a system connecting video lottery terminals at one or more licensed video lottery location in West Virginia with one or more locations in one or more other states where all locations are operated, licensed and governed by one or more state lotteries as is permitted by article 6, section 36 of the West Virginia Constitution.

W. Va. Code R. § 179-4-2