W. Va. Code R. § 179-4-94

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

Section 179-4-94 - Increasing the Number of Authorized Video Lottery Terminals at the Limited Gaming Facility

94.1. Upon the granting of its license, the operator of the limited gaming facility shall request an initial number of video lottery terminals to be placed in the gaming facility. The Commission may grant the whole amount requested, or may grant only a portion of the amount requested by the operator.

94.2. Any expansion of the number of video lottery terminals authorized for the limited gaming facility beyond that initial amount may only be granted after the following procedure has been followed:

94.2.a. The requesting gaming facility shall provide to the Director of the West Virginia Lottery, at least sixty (60) days before a meeting where the Commission has docketed the expansion issue, a pro forma statement showing the change of the limited gaming facility's financial position over the twelve month period immediately following the meeting at which the West Virginia Lottery Commission may approve the expansion. If the expansion is to be in stages, or is to begin more than eight months after Commission approval, the Commission may elect to approve a reduced number of video lottery terminals for the expansion. If the expansion is not completed within eight (8) months, the Commission may require updated financial information.

94.2.b. The requesting limited gaming facility licensee shall provide to the Director of the West Virginia Lottery, at least sixty (60) days before a meeting where the Commission has docketed the expansion issue, complete floor plan drawings of the video lottery gaming areas of the licensed limited gaming facility showing proposed locations of additional video lottery terminals and relocation of present video lottery terminals. All video lottery terminals, both present and future, shall be identified by manufacturer name and model number. Closed circuit television security cameras and their view or sweep angles shall also appear on the floor plans.

94.2.c. If the expansion of the number of authorized video lottery terminals will require the limited gaming facility licensee or a subcontractor to add temporary [construction, etc.] or permanent [service technicians, floor attendants, validation managers, security officers, etc.] employees to the limited gaming facility's workforce, the requesting limited gaming facility licensee shall provide to the Director of the West Virginia Lottery, at least sixty (60) days before a meeting where the Commission has docketed the expansion issue, a detailed statement of the number of new jobs in each identifiable job category together with an estimate of the annual payroll costs increase over the subsequent 24-month period. The licensee shall estimate the number of West Virginia residents who will be employed by the requested expansion.

94.2.d. Within thirty (30) days of receipt of information required by this section, the Director shall forward copies of the information to each Commissioner. If the Commissioners and the Director determine that the application materials are complete and in order, the Director shall publish the notice required by this section of the rule.

94.2.e. At least thirty (30) days before a meeting where the Commission has docketed the expansion issue, the West Virginia Lottery shall place a 2" by 2" commercial advertisement in a daily newspaper of general circulation in the county where the licensed limited gaming facility is located. The advertisement shall run at least once per week for four successive weeks and shall appear either in the newspaper's sports pages or entertainment pages. The ad shall contain the following facts:

94.2.e.1. The licensee currently operates 'x' number of video lottery terminals;

94.2.e.2. The licensee is currently authorized by the West Virginia Lottery Commission to operate up to 'y' number of video lottery terminals;

94.2.e.3. The licensee is seeking permission from the West Virginia Lottery Commission to operate 'z' number of additional video lottery terminals;

94.2.e.4. The West Virginia Lottery Commission has scheduled a public meeting to consider the licensee's expansion request at a particular time and place determined by the Director of the West Virginia Lottery. [The meeting shall be held at a neutral site away from the limited gaming facility's property]; and

94.2.e.5. To determine whether the proposed expansion is in the best interest of the citizens of West Virginia, the Commission will accept written or oral statements from citizens at the meeting; however, written statements must be received by the Director of the West Virginia Lottery at least one business day before the scheduled Commission meeting.

94.2.f. The expansion issue will be removed from the Commission's monthly meeting agenda if the limited gaming facility licensee fails to provide any required information by the appropriate deadline, or if the information is judged by the Director and Commission to be insufficient. The expansion issue will be returned to the Commission's monthly meeting agenda once the limited gaming facility licensee provides the Commission with the additional information.

W. Va. Code R. § 179-4-94