W. Va. Code R. § 179-5-33

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

Section 179-5-33 - Restrictions on retailer and operator advertising and promotion activities; restriction on retailer corporation and doing-business-as names of retail license locations

33.1. A limited video lottery licensed operator shall not conduct video lottery advertising.

33.2. A limited video lottery licensed retailer and/or operator shall not conduct video lottery Advertising or video lottery promotional activities: Provided, that a limited video lottery retailer may display a sign on the exterior of the establishment that states "Limited Video Lottery Location" which sign is of uniform size and design, no greater than eighteen (18) inches by eighteen (18) inches, produced and distributed to retailers by the lottery commission;

33.3. A limited video lottery licensed retailer and/or operator may use the words "Limited Video Lottery Location" on one sign used to identify that the location has video lottery machines. Such sign shall conform to the following guidelines:

33.3.a. The sign shall not to exceed six (6) square feet in size as an addition to a sign currently being used by the licensed retailer and/or operator setting forth name of the approved retailer, or the area in which the words "Limited Video Lottery Location" appear on any new sign developed pursuant to this rule shall not exceed six (6) square feet in size;

33.3.b. The sign shall be affixed in one location on the outside of the licensed retail location; and the sign can be double-sided if the existing sign identifying the name of the licensed retail location is also double-sided;

33.3.c. The sign shall have a white background with a single color of black, red or dark blue lettering;

33.3.d. The font used in the sign shall be Helvetica or Arial and said font cannot exceed three inches in height or width per character; and

33.3.e. The sign can be illuminated but shall not have flashing or intermittent lights.

33.4. A limited video lottery licensed retailer and/or operator may use social media platforms to identify the licensed retail location. The use of social media to depict an image of the outdoor signage and indoor décor of the licensed retail location is permitted. Additionally, licensed retailers may use a written description of the licensed retail location and activities offered therein, including a description of the video lottery machines. Pictures of video lottery machines are strictly prohibited. Additionally, all social media advertising, regardless of form, shall include the statement "Gambling Problem" Call 1-800-Gambler. Must be 21 to Play." All social media advertising must also abide by the terms of the social media platform regarding gambling;

33.5. A limited video lottery licensed retailer and/or operator may use the words "Limited Video Lottery" in an advertisement to hire an employee, which can be utilized in print media or placed online using social media;

33.6. A limited video lottery licensed retailer and/or operator shall not use words commonly associated with gambling either in its corporate name or in its doing-business-as ("DBA") name;

33.7. A limited video lottery licensed retailer and/or operator shall not use gambling symbols including but not limited to playing cards, roulette wheels, slot machines or dice on any sign or in any directions or advertising visible from outside the licensed retailer's establishment; and

33.8. Nothing contained in this section prohibits the advertising on radio and television of scratch off "instant" lottery games, online numbers games such as PowerBall®, racetrack video lottery games or new lottery games other than limited video lottery games.

W. Va. Code R. § 179-5-33