W. Va. Code R. § 179-5-20

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

Section 179-5-20 - Additional requirements regarding the 150-foot requirement for location of a limited video lottery retailer license

20.1. A retailer license will not be denied based solely on the proposed establishment being closer than 150 feet to an existing limited video lottery retail licensee or in a structure where another limited video lottery licensee was already licensed to conduct video lottery games so long as the initial application for a limited video lottery retailer license for the premises was applied for on or before July 1, 2002 if an applicant applies for a limited video lottery license for a specific premise which was a licensed ABCA location under a valid and continuing private club liquor license or a Class "A" nonintoxicating beer license on or before January 1, 2001, and if an ABCA license for that premises is still in effect at the time of the filing of the application for a limited video lottery license for the same premise.

20.2. After July 1, 2002, the initial exemption from the 150-foot restriction and the single structure under one roof restriction as stated in subsection 20.1 of this rule shall be considered waived for the premises whenever a premises that has initially been licensed by the commission as a limited video lottery retail location ceases to offer limited video lottery gaming for at least 180 consecutive days. Until the 180-day period has passed, no new limited video lottery retailer license shall be granted for a premises closer than 150 feet to the previously-licensed premises.

20.3. The award of the license shall be determined based on the date the applications were received in the state lottery office when two or more applications for a limited video lottery retailer's license are pending at the same time, if the proposed premise of each applicant would be in the same structure under one roof, and each applicant meets all other requirements for a retailer license;

20.3.a. The license shall be awarded to the applicant who first filed a complete application; and

20.3.b. The license shall be issued by the commission by lots when the applications were received on the same day.

20.4. The award of a retailer license shall be determined based on the date the applications were received in the state lottery office when two applications for limited video lottery retailer's licenses are pending at the same time for premises that are within 150 feet of each other, and neither premise is within 150 feet of an existing licensee;

20.4.a. The license shall be awarded to the applicant who first filed a complete application; and

20.4.b. The license shall be issued by the commission by lots when the applications were received on the same day.

20.5. The award of a retailer license shall be determined based on the date the applications were received in the state lottery office when more than two applicants for limited video lottery retailer's license are pending at the same time for premises that are within 150 feet of one or more other applicants;

20.5.a. The license shall be awarded to the applicant who first filed a complete application if complete applications were received on the same day, the commission shall first eliminate one or more applicants if by doing so, the remaining applicants would comply with the 150-foot restriction; and

20.5.b. The award of the license shall be determined by the commission by lots when elimination of one or more applicants will not make other applicants eligible.

W. Va. Code R. § 179-5-20