(a) Except as provided in subsections (b) and (c) of this section, a video lottery terminal shall have an average payout percentage of at least 85%.

(b) The Commission may by regulation establish an average payout percentage of more than 88% but not more than 95% for video lottery operation licensees.

(c) The Commission may approve an average payout percentage of more than 95% for the video lottery terminals at a video lottery facility.