Senate Bill No. 499
(By Senator Blatnik)
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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend chapter twenty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-four,
relating to creating the West Virginia riverboat gaming
control commission of the West Virginia lottery commission;
authorizing the licensing and regulation of excursion boat
gaming; defining certain terms; describing the scope of
authorization; legalizing wagering when conducted on an
excursion gaming boat; providing for the licensing of boats
and gaming operations; establishing requirements for
licenses and supplies; setting forth the terms and
conditions of licenses and providing for revocation;
requiring licensees to be bonded; prohibiting wagering by
minors; imposing an admission tax; imposing a wagering tax;
requiring annual certified audits of licensees operations;
defining the misdemeanor offense of unlawful operation of a
gaming excursion and establishing the penalty therefor;
defining the offense of felonious wagering and establishing
the penalty therefor; and providing for the forfeiture of
property for certain unlawful acts.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twenty-four, to
read as follows:
ARTICLE 24. EXCURSION BOAT GAMING.
§29-24-1. Definitions.
As used in this article unless the context otherwise
requires:
(1) "Adjusted gross receipts" means the gross receipts less
winnings paid to wagerers.
(2) "Applicant" means any person applying for an
occupational license, applying for a license for an excursion
gaming boat, or applying for a license to conduct gaming games on
an excursion gaming boat.
(3) "Cheat" means to alter the selection of criteria which
determine the result of a gambling game or the amount or
frequency of payment in a gambling game.
(4) "Commission" means the state gaming commission created
under section four of this article.
(5) "Dock" means the location where an excursion gaming boat
moors for the purpose of embarking passengers for and
disembarking passengers from a gaming excursion.
(6) "Excursion gaming boat" means a self-propelled excursion
boat on which lawful gaming is authorized and licensed as
provided in this article.
(7) "Excursion season" includes the months of April through
October.
(8) "Gambling game" means twenty-one, slot machine, video
game of chance, roulette wheel, klondike table, punchboard, faro
layout, keno layout, numbers ticket, video game, push card, jar
ticket, or pull tab which is authorized by the commission as a
wagering device under this article.
(9) "Gaming excursion" means the time during which gambling
games may be operated on an excursion gaming boat whether docked
or during a cruise.
(10) "Gross receipts" means the total sum wagered under this
article.
(11) "Holder of occupational license" means a person
licensed by the commission to perform an occupation which the
commission has identified as requiring a license to engage in
excursion boat gaming in West Virginia.
(12) "Licensee" means any person licensed under section
eleven of this article.
(13) "Off season" includes the months of November through
March.
§29-24-2. Scope of provisions.
This article does not apply to the pari-mutuel system of
wagering used or intended to be used in connection with thehorse-race or dog-race meetings as authorized under article
twenty-three, chapter nineteen of this code, lottery or lotto
games authorized under article twenty-two of this chapter, or
bingo or games of skill or chance authorized under article
twenty, chapter forty-seven of this code.
§29-24-3. Excursion gaming authorized.
The system of wagering on a gambling game as provided by
this article is legal, when conducted on an excursion gaming boat
at authorized locations by a licensee as provided in this
article.
§29-24-4. Gaming commission.
There is hereby established within the department of tax and
revenue and the West Virginia lottery commission a gaming
commission which shall have the powers and duties specified in
this article, and all other powers necessary and proper to fully
and effectively execute this article for the purpose of
administering, regulating and enforcing the system of riverboat
gaming established by this article. Its jurisdiction shall
extend under this article to every person, association,
corporation, partnership and trust involved in riverboat gaming
operations in the state of West Virginia.
§29-24-5. Gaming commission director, appointment;
qualifications, oath and bond, salary.
(a) There is hereby created the position of gaming
commission director whose duties include the management and
administration of the state gaming office. The director shalldirect the operations of the gaming commission, and shall be
appointed within ninety days of the effective date of this
article, by the governor and shall serve at the will and pleasure
of the governor subject to confirmation by the Senate. A person
may not be appointed as gaming commission director who has been
convicted of a felony or crime involving moral turpitude.
(b) The director shall serve on a full-time basis and may
not engage in any other profession or occupation.
(c) The director:
(1) Shall have a good reputation, particularly as a person
of honesty and integrity, and shall favorably pass a thorough
background investigation, including fingerprinting and criminal
investigation, prior to appointment;
(2) Shall not hold a political office in West Virginia,
either by election or appointment while serving as director;
(3) Shall be a citizen of the United States and a resident
of West Virginia for at least two years prior to appointment;
(4) Shall receive an annual salary as provided by the
governor;
(d) And his or her executive secretary.
(e) Before entering upon the discharge of the duties of
director, the director shall take and subscribe to the oath of
office prescribed in section 5, article IV of the constitution of
West Virginia and shall enter into a bond in the penal sum of one
million dollars with a corporate surety authorized to engage in
business in this state, conditioned upon the faithful dischargeand performance of the duties of the office. The executed oath
and bond shall be filed in the office of the secretary of state.
§29-24-6. Divisions of the state gaming commission.
There shall be established within the state gaming
commission a security and licensing division; a personnel, data
processing, accounting and administration division; and a
marketing, education and information division. Each division
shall be under the supervision of a deputy director who shall
administer and coordinate the operation of authorized activities
in the respective division. Each deputy director shall have
three years management experience in their respective areas.
§29-24-7. Initiation and operation of gaming commission;
restrictions; witnessing of gaming activities, testing and
inspection of gaming equipment, claim for payment of
winnings, security procedures and enforcement of gaming act.
The commission shall initiate operation of the state gaming
commission on a continuous basis at the earliest feasible and
practical time. Other state government departments, boards,
commissions, agencies and their officers shall cooperate with the
gaming commission to aid the gaming commission in fulfilling
these objectives. The commissions duties include, without
limitation, the following:
(1) To hear and decide promptly and in reasonable order all
license applications and causes affecting the granting,
suspension, revocation, restriction, or renewal thereof;
(2) To conduct all hearings pertaining to civil violationsof this article or rules promulgated hereunder;
(3) To promulgate the rules as in the judgment of the
commission that may be necessary to protect or enhance the
credibility and integrity of gaming operations authorized by this
article and the regulatory process hereunder;
(4) To provide for the establishment and collection of all
license, registration fees and investigation fees and taxes
imposed by this article and the rules issued pursuant hereto.
All fees and taxes shall be deposited into the state gaming fund.
(5) To provide for the levy and collection of penalties and
fines for the violation of provisions of this article and the
rules promulgated hereunder;
(6) To be present through its inspectors and agents any time
gaming operations are conducted on riverboats for the purpose of
certifying the revenues thereof, receiving complaints from the
public, and conducting investigations into the conduct of the
gambling games and the supervision of the maintenance of the
equipment as from time to time as the commission may deem
necessary and proper;
(7) To review and rule upon any complaint by a licensee
regarding any investigative procedures of the state which are
unnecessarily disruptive of gaming operations. The need to
inspect and investigate shall be presumed at all times. The
disruption of a licensee's operations shall be proved by clear
and convincing evidence, and establish that: (A) The procedures
had no reasonable law-enforcement purposes; and (B) theprocedures were so disruptive as to unreasonably inhibit gambling
operations;
(8) To hold at least one meeting each quarter of the fiscal
year. In addition, special meetings may be called by the
chairman or any two commission members upon seventy-two hours
written notice to each member. All commission meetings shall
comply with the provisions of article nine-a, chapter six of this
code. Three members of the commission constitute a quorum and a
majority vote is required for any final determination by the
commission. The commission shall keep a complete and accurate
record of all its meetings. A majority of the members of the
commission constitutes a quorum for the transaction of any
business, for the performance of any duty; or for the exercise of
any power which this article requires the commission members to
transact, perform or exercise en banc, except that, upon order of
the commission, one of the commission members or an
administrative law judge designated by the commission may conduct
a hearing regarding supervision, suspension or restriction of an
occupational license, and may recommend license revocations to
the commission. The commission member conducting the hearings
has all powers and rights granted to the commission in this
article. The record made at the time of the hearing shall be
reviewed by the commission, or a majority thereof, and the
findings and decisions of the majority of the commission
constitute the order of the commission in the case;
(9) To maintain records which are separate and distinct fromthe records of any other state board or commission. The records
shall be available during working hours for public inspection and
shall accurately reflect all commission proceedings;
(10) To file a written annual report to the governor on or
before the fifteenth day of January each year and any additional
reports as the governor may request. The annual report shall
include a statement of receipts and disbursements by the
commission, actions taken by the commission, and any additional
information and recommendations which the commission may deem
valuable or the governor may request; and
(11) To review the patterns of wagering and wins and losses
by persons on riverboat gaming operations under this article and
make recommendations to the governor and the Legislature.
§29-24-8. Licensing, investigations of applicants, enforcement,
annual fee.
The commission has jurisdiction over and shall supervise all
gaming operations governed by this article. The commission has
all powers necessary and proper to fully and effectively execute
the provisions of this article, including, but not limited to,
the following:
(1) To investigate applicants, including complete
fingerprints, and determine the eligibility and fitness of
applicants for licenses and to select among competing applicants,
the applicants which best serve the interests of the citizens of
West Virginia;
(2) To have jurisdiction and supervision over all riverboatgaming operations in this state and all persons or riverboats
where gambling operations are conducted;
(3) To promulgate rules for the purpose of administrating
the provisions of this article and to prescribe rules and
conditions under which all riverboat gaming in the state shall be
conducted. The rules are to provide for the prevention of
practices detrimental to the public interest and for the best
interests of riverboat gaming, including rules regarding the
inspection of the riverboats and the review of any permits or
licenses necessary to operate a riverboat under any laws
applicable to riverboats, and to impose penalties, including
license revocation, for violations thereof;
(4) To enter the office, riverboats, facilities or other
places of business of a licensee, where evidence of compliance or
noncompliance with the provisions of this article is likely to be
found;
(5) To investigate alleged violations of this article or the
rules of the commission and to take appropriate disciplinary
action against a licensee or a holder of an occupational license
for a violation, or institute appropriate legal action for
enforcement, or both;
(6) To adopt standards for the licensing of all persons
under this article, as well as for electronic video or mechanical
gambling games and to establish fees for the licenses;
(7) To adopt appropriate standards for all riverboats and
related support facilities;
(8) To require that the records, including financial or
other statements of any licensee under this article, shall be
kept in a manner as prescribed by the commission and that any
licensee involved in the ownership or management of gaming
operations submit to the commission an annual certified audit,
including a balance sheet and profit and loss statement, a list
of all the stockholders or other persons having a one percent or
greater financial interest in the gaming activities of each
licensee, and any other information the commission deems
necessary in order to effectively administer this article and all
rules, orders and final decisions promulgated under this article;
(9) To issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of books, records and
any other pertinent documents, to administer oaths and
affirmations to the witnesses, when, in the judgment of the
commission, it is necessary to enforce this article or the
commission rules;
(10) To prescribe a form to be used by any licensee involved
in the ownership or management of gaming operations as an
application for employment for their employees;
(11) To revoke or suspend licenses, as the commission may
see fit and in compliance with applicable laws of the state, and
to review applications for the renewal of annual licenses. the
commission may suspend an owner's license without notice or
hearing upon a determination that the safety or health of patrons
or employees is jeopardized by continuing a riverboat'soperation. The suspension will remain in effect until the
commission determines that the cause for suspension has been
abated. The commission may revoke the owner's license upon a
determination that the owner has not made satisfactory progress
toward abating the hazard;
(12) To eject or exclude or authorize the ejection or
exclusion of, any person from riverboat gaming facilities where
the person is in violation of this article, rules thereunder or
final orders of the commission, or where the person's conduct or
reputation is such that his or her presence within the riverboat
gaming facilities may, in the opinion of the commission, call
into question the honesty and integrity of the gaming operations
or interfere with orderly conduct thereof: Provided, That the
propriety of such ejection or exclusion is subject to subsequent
hearing by the commission;
(13) to require all licensee of gaming operations to utilize
a cashless wagering system whereby all player's money is
converted to tokens, electronic cards, or chips which shall be
used only for wagering in the gaming establishment;
(14) To authorize the routes of a riverboat and the stops
which a riverboat may make; and
(15) To suspend, revoke, or restrict licenses, to require
the removal of a licensee or an employee of a licensee for a
violation of this article or commission rule for engaging in a
disruptive or illegal act.
§29-24-9. Licenses for boat and game owners.
(a) A qualified person may apply to the commission for a
license to operate an excursion gambling boat or to own a
gambling game operation on an excursion gambling boat as provided
in this article. The application shall be filed with the
director of the commission at least sixty days before the first
day of the next riverboat gaming excursion season as determined
by the commission, shall identify the excursion boat upon which
gaming will be authorized, shall specify the exact location where
the boat will be docked, and shall be in a form and contain
information as prescribed by the commission.
(b) The annual license fee to operate an excursion gaming
boat shall be based on the passenger-carrying capacity including
crew, for which the excursion gaming boat is registered. The
annual fee shall be five dollars per person capacity.
§29-24-10. Requirements of applicant; penalty; consent to
search.
(a) A person may not be issued a license to own a gambling
game operation on an excursion gaming boat under this article or
an occupational license unless the person has completed and
signed an application on the form prescribed and published by the
commission. The application shall include the full name, social
security number, residence, date of birth and other personal
identifying information of the applicant that the commission
deems necessary. The application shall also indicate whether the
applicant has any of the following:
(1) A record of conviction of a felony;
(2) An addiction to alcohol or a controlled substance; or
(3) A history of mental illness or repeated acts of
violence.
(b) An applicant shall submit pictures, fingerprints and
descriptions of physical characteristics to the commission in the
manner prescribed on the application forms.
(c) The commission shall charge the applicant a fee set by
the division of public safety, criminal identification bureau, to
defray the costs associated with the search and classification of
fingerprints required in subsection (b) of this section. This
fee is in addition to any other license fee charged by the
commission.
(d) Before a license is granted, the superintendent of the
division of public safety shall conduct a thorough background
investigation of the applicant for a license to operate a
gambling game operation on an excursion gambling boat. The
applicant shall provide information on a form as required by the
superintendent.
(e) A person who knowingly makes a false statement on the
application is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than five hundred nor more than
five thousand dollars.
(f) The licensee or a holder of an occupational license
shall consent to members of the division of public safety or
commission employees designated by the director of the commission
to the search without a warrant of the licensee or holder'sperson, personal property and effects and premises which are
located on the excursion gaming boat or adjacent facilities under
control of the licensee, to inspect or investigate for criminal
violations of this article or violations of rules adopted by the
commission.
§29-24-11. Licenses; terms and conditions; revocation.
(a) If the commission is satisfied that this article and the
rules adopted under this article applicable to licensees have
been or will be complied with, it shall issue a license for a
period of not more than three years. The commission may decide
which gambling games it will permit. The commission shall decide
the number, location and type of excursion gaming boats to be
licensed under this article. The commission may license gaming
boats for operation on lakes and reservoirs within the state and
on rivers including the Kanawha River and the Ohio River. The
license shall set forth the name of the licensee, the type of
license granted, the place where the excursion gaming boats will
operate and dock, and the time and number of days during the
excursion season and the off season when gaming may be conducted
by the licensee. The commission shall not allow a licensee to
conduct gambling games on an excursion gaming boat while docked
during the off season if the licensee does not operate gaming
excursions for a minimum number of days during the excursion
season, or is permanently docked on a lake or reservoir as
authorized by the commission.
(b) A license may only be granted to an applicant upon theexpress condition that:
(1) The applicant shall not, by a lease, contract,
assignment, understanding, or arrangement of any kind, grant,
assign or turn over to a person the operation of an excursion
gaming boat licensed under this section or of the system of
wagering described in section nine of this article. This section
does not prohibit a management contract that is approved by the
commission; and
(2) The applicant shall not in any manner permit a person
other than the licensee to have a share, percentage or proportion
of the money received for admissions to the excursion gaming
boat.
(c) A license shall not be granted if there is substantial
evidence that the applicant for a license:
(1) Has been suspended from operating a game of chance or
gambling operation in another jurisdiction by a board or
commission of that jurisdiction;
(2) Has not demonstrated financial responsibility sufficient
to meet adequately the requirements of the enterprise proposed;
(3) Is not the true owner of the enterprise proposed;
(4) Is not the sole owner, and other persons have ownership
in the enterprise which fact has not been disclosed;
(5) Is a corporation and ten percent of the stock of the
corporation is subject to a contract or option to purchase at any
time during the period for which the license is issued unless the
contract or option was disclosed to the commission and thecommission approved the sale or transfer during the period of the
license;
(6) Has knowingly made a false statement of a material fact
to the commission; or
(7) Has failed to meet any monetary obligation in connection
with an excursion gaming boat.
(d) Character references may be required of persons
licensed, but the character references may not be obtained from
persons in the same or similar occupations or professions in
other states.
(e) A license shall not be granted to a licensee for
gambling on more than two excursion gaming boats at the same
time.
(f) A licensee may not loan to any person money or any other
thing of value for the purpose of permitting that person to wager
on any game of chance.
(g) A licensee may not dock an excursion gaming boat within
the jurisdiction of a city which enacts an ordinance prohibiting
excursion boat gaming or within an area outside the limits of a
city if the county enacts an ordinance prohibiting excursion boat
gaming.
(h) An excursion gaming boat operated on inland waters of
this state is subject to an inspection of its sanitary facilities
to protect the environment and water quality before a license is
issued under this article.
(i) Eighty percent of the total number of employees of alicensee shall be residents of the state of West Virginia.
(j) Upon a violation of any of the conditions listed in this
section, the commission shall immediately revoke the license.
§29-24-12. Bond of licensee.
A licensee licensed under section eleven shall post a bond
to the state of West Virginia before the license is issued in a
sum as the commission shall fix, with sureties to be approved by
the commission. The bond shall be used to guarantee that the
licensee faithfully makes the payments, keeps its books and
records and makes reports, and conducts its games of chance in
conformity with this article and the rules adopted by the
commission. The bond may not be canceled by a surety on less
than thirty days' notice in writing to the commission. If a bond
is canceled and the licensee fails to file a new bond with the
commission in the required amount on or before the effective date
of cancellation, the licensee's license shall be revoked. The
total and aggregate liability of the surety on the bond is
limited to the amount specified in the bond.
§29-24-13. Wagering; minors prohibited.
(a) Except as permitted in this section, the licensee shall
permit no form of wagering on gambling games.
(b) The licensee may receive wagers only from a person
present on a licensed excursion gaming boat.
(c) The licensee shall exchange the money of each wagerer
for tokens, chips or other forms of credit to be wagered on the
gambling games. The licensee shall exchange the gambling tokens,chips or other forms of wagering credit for money at the request
of the wagerer.
(d) Wagering may not be conducted with money or other
negotiable currency.
(e) A person under the age of twenty-one years may not make
a wager on an excursion gaming boat and shall not be allowed in
the area of the excursion boat where gambling is being conducted.
(f) A licensee may not conduct gambling games while the
excursion gaming boat is docked unless it is temporarily docked
for embarking or disembarking passengers, crew or supplies during
the course of an excursion cruise, for mechanical problems,
adverse weather or other conditions adversely affecting safe
navigation, during the duration of the problem or condition, or
as authorized by the commission.
§29-24-14. Admission tax; tax fees.
(a) An owner of a gambling game operation on an excursion
gaming boat licensed under section eleven shall pay the tax
imposed by section fifteen.
(b) An excursion gaming boat licensee shall pay to the
commission an admission tax for each person embarking on an
excursion gaming boat with a ticket of admission. The admission
tax shall be set by the commission.
(1) If tickets are issued which are good for more than one
excursion, the admission tax shall be paid for each person using
the ticket on each excursion that the ticket is used.
(2) If free passes or complimentary admission tickets areissued, the licensee shall pay the same tax upon these passes or
complimentary tickets as if they were sold at the regular and
usual admission rate.
(3) However, the excursion boat licensee may issue tax-free
passes to actual and necessary officials and employees of the
licensee or other persons actually working on the excursion
gaming boat.
(4) The issuance of tax-free passes is subject to the rules
of the commission, and a list of all persons to whom the tax-free
passes are issued shall be filed with the commission.
(c) In addition to the admission tax charged under
subdivision (2), subsection (b) of this section a city may adopt,
by ordinance, an admission tax not exceeding fifty cents for each
person embarking on an excursion gaming boat docked within the
city or a county may adopt, by ordinance, an admission tax not
exceeding fifty cents for each person embarking on an excursion
gaming boat docked outside the boundaries of a city.
(1) The admission tax revenue received by a city shall be
used for one or more of the following purposes:
(A) Law-enforcement programs;
(B) Acquisition of, and necessary improvements to, natural
areas, green spaces, parks, recreational facilities and
historical heritage projects; or
(C) Cultural programs.
(2) The admission tax revenue received by a county shall be
used for one or more of the following purposes:
(A) Law-enforcement programs;
(B) Credited to the emergency services and volunteer fire
commissions; or
(C) Libraries.
(d) In determining the license fees and state admission
taxes to be charged as provided under subsection (b), section
nine of this article, the commission shall use the amount
appropriated to be raised from the license fees and admission
taxes.
(e) Any other license tax, permit tax, occupation tax, or
excursion fee, shall not be levied, assessed or collected from a
licensee by the state or by a political subdivision, except as
provided in this article.
(f) Any other excise tax shall not be levied, assessed or
collected from the licensee relating to gaming excursions or
admission charges by the state or by a political subdivision,
except as provided in this article.
§29-24-15. Wagering tax; rate; credit.
(a) A tax is imposed on the adjusted gross receipts received
annually from gambling games authorized under this article at the
rate of ten percent on the first one million dollars of adjusted
gross receipts and at the rate of fifteen percent on any amount
of adjusted gross receipts over one million dollars. The taxes
imposed by this section shall be paid by the licensee to the
state treasurer within ten days after the close of the day when
the wagers were made and shall be credited to a special fund inthe state treasury which shall be designated and known as the
"Riverboat Gaming Fund."
(b) The tax revenue deposited in the riverboat gaming fund
shall be used as follows:
(1) Ten percent to the fund of the state teachers retirement
system, until it is actuarily sound, then to the riverboat gaming
fund.
(2) Ten percent to the division of public safety;
(3) Five percent to the state division of tourism and parks;
(4) Five percent to county boards of education and five
percent to the system of higher education in the state;
(5) Three percent to the department of health and human
services to be expended to combat any gambling addiction;
(6) Five percent to county library commissions;
(7) Three percent to volunteer county fire commissions;
(8) Three percent to local convention and visitors bureaus
(C.V.B.);
(9) Three percent to the elderly;
(10) Fifteen percent to local nonprofit organizations; and
(11) The tax revenue shall be distributed on a quarterly
basis. Equitable distribution to local county boards and
commissions shall be determined by the commission. The balance
of the riverboat gaming fund shall be subject to appropriation by
the Legislature.
(c) A licensee shall keep its books and records so as to
clearly show the following:
(1) The total number of admissions to gaming excursions
conducted by it on each day, including the number of admissions
upon free passes or complimentary tickets;
(2) The amount received daily from admission fees;
(3) The total amount of money wagered during each excursion
day and the adjusted gross receipts for the day.
(d) The licensee shall furnish to the commission reports and
information as the commission may require with respect to its
activities. The commission may designate a representative to
board a licensed excursion gaming boat, who shall have full
access to all places within the enclosure of the boat and who
shall supervise and check the admissions. The compensation of
the representative shall be fixed by the commission but shall be
paid by the licensee.
(e) The books and records kept by a licensee as provided by
this section are public records and examination, publication and
dissemination of the books and records are governed by the
provisions of article one, chapter twenty-nine-b of this code.
§29-24-16. Audit of licensee operations.
Within ninety days after the end of each month, the licensee
shall transmit to the commission an audit of the financial
transactions and conditions of the licensee's operations
conducted under this article. Additionally, within ninety days
after the end of the licensee's fiscal year, the licensee shall
transmit to the commission an audit of the financial transactions
and condition of the licensee's total operations. All auditsshall be conducted by certified public accountants registered in
the state of West Virginia.
§29-24-17. Start up appropriation.
The Legislature hereby appropriates to the riverboat gaming
fund, the sum of two hundred fifty thousand dollars to be used to
fund the commission and its activities during its initial start
up operations.
§29-24-18. Annual report of commission.
The commission shall make an annual report to the governor
and the Legislature for the period ending the thirty-first day of
December of each year. Included in this report shall be an
account of the commission's activities, its financial position
and results of operation under this article, the practical
results attained under this article, and any recommendations for
legislation which the commission deems advisable.
§29-24-19. Prohibited activities; penalty.
(a) A person is guilty of unlawful excursion gaming where
wagering is used or is to be used without a license issued by the
commission when:
(1) Any person operates a gaming excursion where wagering is
used or is to be used without a license issued by the commission;
(2) Any person operates a gaming excursion where wagering is
permitted other than in the manner specified by section thirteen
of this article;
(3) The person acts, or employs another person to act, as a
shill or decoy to encourage participation in a gambling game;
(4) The person knowingly permits a person under the age of
twenty-one years to make a wager;
(5) The person exchanges tokens, chips or other forms of
credit to be used on gambling games for anything of value. The
provisions of this subdivision do not apply to wagers on gambling
games or exchanges of money as provided in subsection (c),
section thirteen of this article.
(b) A person is guilty of felonious wagering when:
(1) The person offers, promises, or gives anything of value
or benefit to a person who is connected with an excursion gaming
boat operator, pursuant to an agreement or arrangement or with
the intent that the promise or thing of value or benefit will
influence the actions of the person to whom the offer, promise,
or gift was made in order to affect or attempt to affect the
outcome of a gambling game, or to influence official action of a
member of the commission. For the purposes of this subdivision
and subdivision (2) of this subsection, the term "person who is
connected with an excursion gaming boat operator" includes, but
is not limited to, an officer or employee of a licensee or holder
of an occupational license;
(2) The person solicits or knowingly accepts or receives a
promise of anything of value or benefit while the person is
connected with an excursion gambling boat, pursuant to an
understanding or arrangement or with the intent that the promise
or thing of value or benefit will influence the actions of the
person to affect or attempt to affect the outcome of a gamblinggame, or to influence official action of a member of the
commission;
(3) The person uses or possesses with the intent to use a
device to assist:
(A) In projecting the outcome of the game;
(B) In keeping track of the cards played;
(C) In analyzing the probability of the occurrence of an
event relating to the gambling game; or
(D) In analyzing the strategy for playing or betting to be
used in the game, except as permitted by the commission.
(4) The person cheats at a gambling game;
(5) The person manufactures, sells, or distributes any
cards, chips, dice, game or device which is intended to be used
to violate any provision of this article;
(6) The person instructs a person in cheating or in the use
of a device for that purpose with the knowledge or intent that
the information or use conveyed may be employed to violate any
provision of the article;
(7) The person alters or misrepresents the outcome of a
gambling game on which wagers have been made after the outcome is
made sure but before it is revealed to the players;
(8) The person places a bet after acquiring knowledge, not
available to all players, of the outcome of the gambling game
which is subject of the bet or to aid a person in acquiring the
knowledge for the purpose of placing a bet contingent on that
outcome;
(9) The person claims, collects, or takes, or attempts to
claim, collect, or take, money or anything of value in or from
the gambling games, with intent to defraud, without having made
a wager contingent on winning a gambling game, or claims,
collects or takes an amount of money or thing of value of greater
value than the amount won;
(10) The person knowingly entices or induces a person to go
to any place where a gambling game is being conducted or operated
in violation of the provisions of this article with the intent
that the other person plays or participates in that gambling
game;
(11) The person uses counterfeit chips or tokens in a
gambling game;
(12) The person knowingly uses, other than chips, tokens,
coins or other methods or credit approved by the commission,
legal tender of the United States of America or a coin not of the
denomination as the coin intended to be used in the gambling
games;
(13) The person, not a gambling licensee or employee of a
gambling licensee acting in furtherance of the employee's
employment, has in his or her possession any device intended to
be used to violate a provision of this article;
(14) The person, not a gambling licensee or employee of a
gambling licensee acting in furtherance of the employee's
employment, has in his or her possession any key or device
designed for the purpose of opening, entering or affecting theoperation of a gambling game, drop box, or an electronic or
mechanical device connected with the gambling game or for
removing coins, tokens, chips or other contents of a gambling
game.
(c) Any person who violates the provisions of subsection (a)
of this section is guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in the county or regional jail for not
more than six months, or fined not less than one hundred dollars
nor more than one thousand dollars and confined in the county or
regional jail not more than six months.
(d) Any person who violates the provisions of subsection (b)
of this section is guilty of a felony, and, upon conviction
thereof, shall be imprisoned in the penitentiary not less than
one year nor more than five years, or fined not less than one
thousand dollars nor more than ten thousand dollars and
imprisoned in the penitentiary not less than one year nor more
than five years.
§29-24-20. Forfeiture of property.
(a) Anything of value, including all traceable proceeds
including, but not limited to, real and personal property,
moneys, negotiable instruments, securities and conveyances, is
subject to forfeiture to the state of West Virginia if the item
was used for any of the following:
(1) In exchange for a bribe intended to affect the outcome
of a gambling game;
(2) In exchange for or to facilitate a violation of thisarticle.
(b) All moneys, coin and currency found in close proximity
of wagers, or of records of wagers are presumed forfeited. The
burden of proof is upon the claimant of the property to rebut
this presumption.
(c) Subsections (a) and (b) do not apply if the act or
omission which would give rise to the forfeiture was committed or
omitted without the owner's knowledge or consent.
NOTE: The purpose of this bill is to create the West
Virginia Riverboat Gaming Commission of the West Virginia Lottery
Commission and to authorize and license riverboat gaming in this
state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.