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.