Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-7-2 - Interpretation of terms and words found in the Limited Video Lottery Act2.1. "Fraternal society," as the term is found in W.Va. Code § 29-22B-1101(c), means a retail licensee that is either a fraternal beneficiary society that is exempt from federal income tax under section 501(c)(8) of the Internal Revenue Code of 1986, as amended, or a domestic fraternal society that is exempt from federal income tax under section 501(c) (10) of the Internal Revenue Code, and was an existing chapter or local unit of a national tax exempt fraternal benefit society or a domestic fraternal society organized under the lodge system on the first day of January two thousand one.2.2. "Licensed limited video lottery location approved by the commission," as the term is found in W.Va. Code § 29-22B-1201(a), means the location in excess of the following straight-line distances from any of the following places: 2.2.a. The location is at least one hundred fifty feet from, or has an external structural connection not amounting to a common internal wall to, a premises that already has a retail license for video lottery terminals, a business that sells petroleum products capable of being used as fuel in an internal combustion engine1, or the perimeter of a public park2;2.2.b. The location is at least three hundred feet from a church, school, or daycare center; or2.2.c. The location is an Authorized West Virginia Truck Stop pursuant to W.Va. Code of State Rules § 179-5-2.12.a.2.3. "Monitor," as the word is found in W.Va. Code § 29-22B-702, means that the licensed premises must be staffed at all times when limited video lottery games are being played. This interpretation means that a person who views the video lottery licensed premises on a video screen in a place outside the premises described in the licensees license from the Alcohol Beverage Control Administration and the license from the State Lottery Commission is not monitoring " ...video lottery terminals to prevent access or play by persons who are under the age of twenty-one years or who are visibly intoxicated," as required by section 702(8) of the Act. This interpretation is also in keeping with W.Va. Code § 29-22B-1201(c) that says, Personnel of the limited video lottery retailer shall be present during all hours of operation at each video lottery terminal location. These personnel shall make periodic inspections of the restricted access adult-only facility in order to provide for the safe and approved operation of the video lottery terminals and the safety and well-being of the players. 2.4 "Veterans organization," as the term is found in W.Va. Code § 29-22B-1101(c), means a retail licensee that is exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code and was an existing chapter, post or local unit of a national tax exempt veterans organization organized under the lodge system on the first day of January two thousand one.