West Virginia Code 29-25-3 – Commission duties and powers
(a) Duties. — In addition to the duties set forth elsewhere in this article, the commission shall:
Terms Used In West Virginia Code 29-25-3
- Commission: means the State Lottery Commission created in section four, article twenty-two of this chapter. See West Virginia Code 29-25-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gaming facility: means a designated area on the premises of an existing historic resort hotel in which West Virginia Lottery table games are conducted by a gaming licensee. See West Virginia Code 29-25-2
- Gaming licensee: means the licensed operator of a gaming facility. See West Virginia Code 29-25-2
- Historic resort hotel: means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its National Registry of Historic Places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility. See West Virginia Code 29-25-2
- Human Resource Benefit Fund: means the special fund in the State Treasury created in section twenty-two-a of this article. See West Virginia Code 29-25-2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- License: means a license issued by the commission, including:
(1) A license to operate a gaming facility. See West Virginia Code 29-25-2
- Licensee: means a gaming licensee, a licensed gaming facility supplier or a licensed gaming facility employee. See West Virginia Code 29-25-2
- Person: means any natural person, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature. See West Virginia Code 29-25-2
- Testify: Answer questions in court.
- West Virginia Lottery table game: means any game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, poker, craps, roulette, wheel of fortune or any variation of these games similar in design or operation and expressly authorized by rule of the commission, including multiplayer electronic table games, machines and devices, but excluding video lottery, punchboards, faro, numbers tickets, push cards, jar tickets, pull tabs or similar games. See West Virginia Code 29-25-2
(1) Establish minimum standards for gaming devices and supplies, including electronic or mechanical gaming devices;
(2) Approve, modify or reject game rules of play for all West Virginia Lottery table games proposed to be operated by a gaming licensee;
(3) Approve, modify or reject minimum internal control standards proposed by the licensee gaming facility for a West Virginia Lottery table game, including the maintenance of financial books and records;
(4) Provide staff to supervise, inspect and monitor the operation of any gaming facility, including inspection of gaming devices and supplies used in the operation to assure continuous compliance with all rules of the commission and provisions of this article;
(5) Establish minimum levels of insurance to be maintained with respect to a gaming facility;
(6) Investigate applicants to determine eligibility for any license and, where appropriate, select among competing applicants;
(7) Designate appropriate classifications of personnel to be employed in the operation of a gaming facility and establish appropriate licensing standards within the classifications;
(8) Issue all licenses;
(9) Charge and collect the taxes and fees authorized, required or specified in this article:
(i) Receive, accept and pay the specified percentage of taxes collected under sections twenty and twenty-one of this article into the Historic Resort Hotel Fund; and
(ii) Receive, accept and pay the specified percentage of taxes collected under sections twenty and twenty-one of this article into the Human Resource Benefit Fund;
(10) Maintain a record of all licenses issued;
(11) Keep a public record of all commission actions and proceedings; and
(12) File a written annual report to the Governor, the President of the Senate and the Speaker of the House of Delegates on or before January 30 of each year and any additional reports as the Governor or Legislature may request.
(b) Powers. — In addition to the powers set forth elsewhere in this article, the commission has the following powers:
(1) To sue to enforce any provision of this article by injunction;
(2) To hold hearings, administer oaths and issue subpoenas for the attendance of a witness to testify and to produce evidence;
(3) To enter a gaming facility at any time and without notice to ensure strict compliance with the rules of the commission;
(4) To bar, for cause, any person from entering or participating in any capacity in the operation of a gaming facility; and
(5) To exercise such other powers as may be necessary to effectuate the provisions of this article.