W. Va. Code R. § 179-4-87

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 179-4-87 - Persons Permitted to Enter Designated Gaming Area

87.1. An individual is only permitted to enter the designated gaming area at the licensed gaming facility if that person is a:

87.1.a. Registered overnight guest at the historic resort hotel;

87.1.b. Registered participant at a convention or event being held at the historic resort hotel, as long as at least four hundred guest rooms are occupied at the historic resort hotel on a calendar day;

87.1.c. Member of a homeowner or facility association that entitles members to substantial privileges at the historic resort hotel; or

87.1.d. Overnight guest of a member of a homeowner or facility association that entitles members to substantial privileges at the historic resort hotel.

87.2. In order to establish if at least four hundred guest rooms are occupied for the purpose of permitting convention or event participants who are not overnight guests to enter the designated gaming area, the limited gaming facility operator shall must submit each gaming day a written report to the Commission's on-site security supervisor that states the number of guest rooms and guest cottages registered as occupied at the historic resort hotel on which the gaming facility is located for the gaming day.

87.2.a. The report shall be submitted no later than 9:00 p.m. on the gaming day and shall contain any other relevant information that the Commission considers necessary to verify that four hundred rooms are in fact occupied during the gaming day.

87.2.b. As a condition of continuing eligibility for reimbursement from the Capital Reinvestment Fund established in West Virginia Code § 29-25-32, the historic resort hotel shall make its room occupancy records available upon request for examination by the Commission.

87.3. In the event that the limited gaming facility operator is not also the owner of the historic resort hotel, then the limited gaming facility operator shall establish, as a condition of licensing, that there is a binding agreement between the limited gaming facility operator and the historic resort hotel that the historic resort hotel will provide the necessary information to the limited gaming facility operator regarding room occupancy at the historic resort hotel. This agreement shall also require that the historic resort hotel provide the Commission with information regarding room occupancy upon the Commission's request.

W. Va. Code R. § 179-4-87