HB 4017 Text

ENGROSSED
H. B. 4017

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 14, 2004; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact º29-22B-702 of the code of West Virginia, 1931, as amended, relating to prohibition against retailer licensees using gambling names and symbols in advertising, signage and directions to retail establishments offering limited video lottery games.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29-22B-702a, to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.

§29-22B-702a. Limitations on signage and other advertising; legislative rule.

(a) A limited video lottery retailer shall not display a name for the retailer's establishment on the exterior of the establishment unless the name has been approved, in writing, by the lottery commission.
(b) A limited video lottery retailer shall display a sign on the exterior of the establishment that identifies the establishment as a limited video lottery retailer only if the sign is of a uniform size and design produced and distributed to retailers by the lottery commission. No other signage or advertising identifying an establishment as a limited video lottery retailer is permitted.
(c) The lottery commission shall propose for promulgation legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code, describing the words or symbols commonly associated with gambling or video lottery gaming that are prohibited from use in the name of an approved location or used in conjunction with the name. The proposed rule may prohibit the use of a word notwithstanding the fact that the word sought to be used is part of the legal name of the owner or operator of the establishment. The initial rule promulgated in accordance with the provisions of this section may be filed as and shall constitute an emergency rule within the meaning of section fifteen, article three, chapter twenty-nine-a of this code.

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