Senate Bill No. 101
(By Senators Deem, Guills, Foster and Wells)
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[Introduced February 11, 2009; referred to the Committee on
Banking and Insurance; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §29-22B-702 of the Code of West
Virginia, 1931, as amended, relating to prohibiting the
placement of automated teller machines in establishments that
contain video lottery terminals.
Be it enacted by the Legislature of West Virginia:
That §29-22B-702 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-702. Additional duties of limited video lottery retailers.
In addition to the general duties imposed on all licensees in
article twenty-two-b, section seven hundred one of this chapter, a
limited video lottery retailer shall:
(1) Attend all commission mandated meetings, seminars and
training sessions concerning operation of video lottery terminals, the validation and redemption of video lottery winning tickets and
the operation of all ticket validation terminals and equipment;
(2) Maintain all skills necessary for the accurate validation
of video lottery tickets;
(3) Supervise video lottery operations and ticket validation
procedures at the applicable location;
(4) Permit no person to tamper with or interfere with the
operation of any video lottery terminal;
(5) Ensure that telephone lines from the commission's central
control computer to the video lottery terminals located at the
approved location are at all times connected, and prevent any
person from tampering or interfering with the operation of the
telephone lines;
(6) Ensure that video lottery terminals are within the sight
and control of designated employees of the limited video lottery
retailer;
(7) Ensure that video lottery terminals are placed and remain
placed in the specific locations
which have been approved by the
commission. A video lottery terminal in a restricted access
adult-only facility may not be relocated within the facility
without the prior written approval of the commission;
(8) Monitor video lottery terminals to prevent access to or
play by persons who are under the age of 21 years or
who are
visibly intoxicated;
(9) Maintain at all times sufficient change and cash in the
denominations accepted by the video lottery terminals;
(10)
Provide no access by a player to an automated teller
machine (ATM) in the restricted access adult-only facility where
video lottery games are played, Accept no credit card or debit
card from a player for the exchange or purchase of video lottery
game credits or for an advance of coins or currency to be utilized
by a player to play video lottery games and extend no credit, in
any manner, to a player so as to enable the player to play a video
lottery game;
(11) Except as provided in subsection (12) of this section, an
automated teller machine (ATM) may not be located on the premises
of an establishment that has video lottery machines;
(12) If those gambling premises are located in a building with
another business establishments or commercial activities and there
is no physical barrier or clear demarcation between the area in
which gambling takes place and the area in which other activity
takes place or other business establishment is located, an
automated teller machine may not be installed or situated within 50
feet of a video lottery machine. For the purposes of this section,
"clear demarcation" means any combination of a doorway and signs
indicating to a customer entering the doorway from either direction
that the area the customer is about to enter is an area where
gambling takes place or where other, nongambling activity or transactions take place;
(11) (13) Pay for all credits won upon presentment of a valid
winning video lottery ticket;
(12) (14) Report promptly in writing to the operator and the
commission all video lottery terminal malfunctions and notify the
commission in writing of the failure of an operator or service
technician to provide prompt service and repair of the terminals
and associated equipment;
(13) (15) Conduct no video lottery advertising or promotional
activities;
(14) (16) Not use the words "video lottery" in the name of the
approved location, or in any directions or advertising visible from
outside the retailer's establishment;
(15) (17) Install, post and display prominently within or
about the approved location signs, redemption information and other
promotional material as required by the commission;
(16) (18) Permit video lottery to be played only during those
hours established and approved by the commission.
Provided, That
However, the limited video lottery retailer shall not permit video
lottery to be played beyond the hour during which liquor may be
served;
(17) (19) Contract with no more than one licensed operator for
the placement of video lottery terminals at the licensed location;
(18) (20) Maintain insurance covering all losses as the result of fire, theft or vandalism to video lottery terminals and
associated equipment; and
(19) (21) Comply with all applicable provisions of this
article and rules and orders of the commission.
NOTE: The purpose of this bill is to prohibit the placement of
Automated Teller Machines (ATM) in establishments that contain
video lottery terminals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.