W. Va. Code R. § 179-4-100

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 179-4-100 - Promotional Credits

100.1. Promotional credits shall only be deducted from the gross terminal income when the Commission has approved, in advance, the total amount and conditions under which the promotional credits may be redeemed at the licensed limited gaming facility or at a licensed racetrack.

100.2. The "total amount" of promotional credits that the licensed gaming facility or a licensed racetrack may redeem shall be based on a maximum percentage of that gaming facility or racetrack's credits played for the time period in the previous calendar year that corresponds with the time period for the proposed arrangement. For example: If Racetrack A proposed a maximum percentage of 3% for January, February, and March of 2010, then the maximum amount of promotional credits allowed to be redeemed by Racetrack A shall be 3% of that racetrack's credits played for January, February, and March of 2009. In its first year of operation, the gaming facility's proposed maximum percentage shall be based on the credits played of the licensed racetrack that generated the least credits played in the preceding calendar year.

100.3. The Commission may only approve the gaming facility or a racetrack's proposal for a specific time frame.

100.3.a. Redeemable promotional credits may not be carried forward beyond the approved time frame.

100.3.b. Available redemption of promotional credits shall be ascribed to the amount of allowable promotional credits approved for the time frame in which the promotional credits were actually redeemed.

100.4. Any promotional credits redeemed beyond the amount allowed by the Commission under this rule are the responsibility of the gaming facility or racetrack, and shall not constitute a deduction from the gross terminal income.

100.5. The Director may recommend the total amount of promotional credits to be used by the gaming facility or a racetrack, and the time period in which that amount may be redeemed. The gaming facility or a racetrack may agree to the Director's recommendation, or may present a separate proposal before the Commission. The Commission is not required to adopt the Director's recommendation, or to accept a proposal made by the gaming facility or any racetrack, but instead it may approve its own proposed percentage and time frame.

100.6. The allowance of promotional credits to the gaming facility or a racetrack is a revocable privilege. The Commission may withdraw its approval of promotional credits for the gaming facility or a racetrack for reasons including, but not limited to:

100.6.a. Evidence of theft, fraud, fraudulent schemes, or other activity relating to promotional credits that would threaten the integrity of the game;

100.6.b. Evidence that use of approved promotional credits by the gaming facility or a racetrack would be against the public interest of the State of West Virginia;

100.6.c. A substantial malfunction with the promotional credits or the programs that enable the Lottery to accurately account for promotional credits; or

100.6.d. Actions on the part of the gaming facility or racetrack that seriously encumber the Lottery's ability to implement, continue, or account for promotional credits.

W. Va. Code R. § 179-4-100