W. Va. Code R. § 179-5-3

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-5-3 - Review of continuing eligibility for license
3.1. The commission shall determine on a continuing basis the eligibility of licensees to hold a license by one or more of the following means:
3.1.a. The commission shall review the qualifications of each licensee on at least an annual basis;
3.1.b. The commission shall perform spot audits at retailer locations and at operator locations; and
3.1.c. The commission shall review reports of violations discovered by lottery investigators and ABCA inspectors during site visits to locations of operators, limited video lottery retailers and service technicians.
3.2. Each limited video lottery retailer shall continue to hold either a private club license or a class A nonintoxicating beer license issued by the ABCA;
3.2.a. If the ABCA suspends or cancels the retailer's private club license or class A nonintoxicating beer license, the director shall disable and cause not to operate the retailer's video lottery terminals at the location where the ABCA license is suspended and shall re-enable the video lottery terminals only when the suspension or cancellation is lifted by the ABCA; and
3.2.b. If the ABCA revokes the retailer's private club license or class A nonintoxicating beer license, the director shall disable and cause not to operate the retailer's video lottery terminals at the licensed location and shall recommend to the commission that the limited video lottery retailer's license for that location be revoked.
3.3. If any condition that a licensee must meet for licensure changes after a license is granted, other than conditions in subsection 4.3 of this rule, the director shall suspend the license until the condition is corrected, and shall disable and cause not to operate during the period of suspension the licensee's video lottery terminals.
3.4. Renewal of a suspended license and the collection of the annual license fee will be held in abeyance until the reason for the underlying suspension is remedied whenever the limited video lottery license is suspended during the time when limited video licenses are renewed.
3.5. The commission may proceed to revoke the limited video lottery license whenever a suspension lasts longer than 30 days, whether the suspension is by the ABCA or by the commission.

W. Va. Code R. § 179-5-3