W. Va. Code R. § 179-5-36

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

Section 179-5-36 - Permits to purchase, own and operate video lottery terminals; expiration date

36.1. The commission shall issue an amended permit which shall expire at 12:00 a.m. in this state on July 1, 2031 when the number of video lottery terminals a permittee is allowed to own or lease increases or decreases.

36.2. A permit to own or lease video lottery terminals issued after July 1, 2021 for the 10-year period that ends June 30, 2031, expires at 12:00 a.m. in this state on July 1, 2031, unless it is surrendered or revoked before that time. When the number of video lottery terminals a permittee is allowed to own or lease increases or decreases, the commission shall issue an amended permit which shall expire at 12:00 a.m. in this state on July 1, 2031.

36.3. A person licensed as a limited video lottery retail shall continuously meet the qualifications for issuance of that license. If the limited video lottery license is surrendered or revoked by the commission, the licensee's permit to own or lease video lottery terminals shall also be surrendered or revoked.

36.4. A licensee's permit expires at 12:00 a.m. on the 31^st day if the person's license as a limited video lottery retailer expires and the license is not renewed within 30 days after the expiration date. The person shall then obtain all video lottery terminals on the premises for which the license is issued from a licensed operator or as a result of a successful bid under W.Va. Code § 29-22B-1107 if the person subsequently reapplies for a limited video lottery retailer's license and the license is issued.

36.5. A permit to own or lease video lottery terminals is a revocable privilege granted pursuant to the provision of the Act and this rule. Issuance of a permit or a license under the Act does not create (A) any property interest in the permit or the license, (B) any right to transfer or encumber the permit or license, (C) any vested right in the permit or license, or (D) the accrual of any value to the privilege of participating in any limited video lottery activity.

36.6. An application for a limited video lottery retailer's license may not include more than one physical location. A separate application shall be submitted for each location at which the applicant wants to offer video lottery terminals if a person owns or operates two or more physical locations licensed by the ABCA.

W. Va. Code R. § 179-5-36