W. Va. Code R. § 179-4-40

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

Section 179-4-40 - Supplier License Required to Provide Gaming-Related Devices, Supplies and/or Services

40.1. When a person will supply or provide a limited gaming facility with gaming devices, gaming supplies or services which directly affect the play and results of casino and video lottery games authorized, conducted, and played under the Act and this rule, the person shall hold a supplier's license.

40.2. The two different classes of supplier licenses that a supplier may hold are as follows:

40.2.a. Supplier license, level one, for suppliers that qualify as manufacturers under W.Va. Code § 29-25-2(y); and

40.2.b. Supplier license, level two.

40.3. In determining whether a person is qualified to be licensed as a level one supplier under this rule, the Commission shall consider, without limitation, whether:

40.3.a. The person engages in the business of designing, building, constructing, assembling, or manufacturing video lottery terminals, the electronic components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinets in which they are housed;

40.3.b. The person's product is intended for sale, lease or other assignment to the limited gaming facility; and

40.3.c. The person contracts directly with the limited gaming facility licensee for the sale, lease, or other assignment of the product to the limited gaming facility licensee.

40.4. Level one suppliers shall:

40.4.a. Manufacture terminals and associated equipment for placement in this state in accordance with the specifications and procedures specified in West Virginia Code §§ 29-22A-5 and 6;

40.4.b. Manufacture terminals and associated equipment to ensure timely delivery to the limited gaming facility licensee;

40.4.c. Maintain and provide an inventory of spare parts to assure the timely repair and continuous operation of licensed video lottery terminals intended for placement at the limited gaming facility;

40.4.d. Provide to the limited gaming facility licensee and permitted service technicians technical assistance and training in the service and repair of video lottery terminals and associated equipment so as to assure the continuous authorized operation and play of the video lottery terminals;

40.4.e. Obtain certification of compliance under the provisions of part fifteen of the Federal Communication Commission rules for all video lottery terminals placed in this state; and

40.4.f. Transport all video lottery terminals into this state in accordance with West Virginia Code § 29-22A-14.

40.5. The commission shall provide level one suppliers, or applicants applying for a level one supplier licensee, the protocol documentation data necessary to enable the respective level one supplier's video lottery terminals to communicate with the commission central computer for transmitting auditing program information and for activation and disabling of video lottery terminals.

40.6. In determining whether a person is qualified to be licensed as a level two supplier under this rule, the Commission shall consider, without limitation, whether the person meets one or more of the following criteria:

40.6.a. The person manufactures, supplies, distributes or services equipment, items or articles specifically designed for use for the conduct of gaming as it relates to West Virginia Lottery table games, including, but not limited to, a person who manufactures, supplies, distributes, services, or repairs cards, dice, gaming chips, prize tokens, drop boxes, and credit voucher machines;

40.6.b. The person provides services directly related to the operation, security, surveillance, regulation, or management of gaming in the limited gaming facility; or

40.6.c. The person provides other goods or services determined by the Commission to be used in, or incident to, the operation of West Virginia Lottery table games and video lottery, and the Commission determines that the person must be licensed as a supplier to protect the public and enhance the credibility and integrity of gaming in West Virginia, and the person is not already required to be licensed as a level one supplier.

W. Va. Code R. § 179-4-40