Bill Text: WV HB2611 | 2018 | Regular Session | Introduced
Bill Title: Allowing a person to be both a limited video lottery operator and retailer
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Small Business, Entrepreneurship and Economic Development [HB2611 Detail]
Download: West_Virginia-2018-HB2611-Introduced.html
WEST virginia Legislature
2017 regular session
By
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to the Committee on Small Business, Entrepreneurship and Economic Development
then the Judiciary.
A BILL to amend and
reenact §29-22B-503 and §29-22B-504 of the Code of West Virginia, 1931, as
amended, all relating to allowing a person to be both a limited video lottery operator
and retailer.
Be it enacted by the
Legislature of West Virginia:
That §29-22B-503 and §29-22B-504
of the Code of West Virginia, 1931, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 22B. LIMITED
VIDEO LOTTERY.
§29-22B-503. Additional
qualifications for an applicant for an operator’s license.
(a) No operator’s license or
license renewal may be granted unless the Lottery Commission has determined
that, in addition to the general requirements set forth in section five hundred
two of this article, the applicant satisfies all of the following qualifications:
(1) (A) If the applicant is
an individual, the applicant has been a citizen of the United States and a
resident of this state for the four-year period immediately preceding the
application; or
(B) If the applicant is a
corporation, partnership or other business entity, the chief executive officer
and the majority of the officers, directors, members and partners, to the
extent each of these groups exists with respect to a particular business
organization, both in number and percentage of ownership interest, have been
citizens of the United States and residents of this state for the four-year
period immediately preceding the application.
(2) The applicant has
demonstrated the training, education, business ability and experience necessary
to establish, operate and maintain the business for which the license
application is made;
(3) The applicant has secured
any necessary financing for the business for which the license application is
made, and the financing: (A) Is from a source that meets the qualifications of
this section; and (B) is adequate to support the successful performance of the
duties and responsibilities of the licensee.
A licensee shall request commission approval of any change in financing
or leasing arrangements at least thirty days before the effective date of the
change;
(4) The applicant has
disclosed all financing or refinancing arrangements for the purchase, lease or
other acquisition of video lottery terminals and associated equipment in the
degree of detail requested by the Lottery Commission;
(5) The applicant has filed
with the Lottery Commission a copy of any current or proposed agreement between
the applicant and any manufacturer for the sale, lease or other assignment to
the operator of video lottery terminals, the electronic computer components of
the terminals, the random number generators of the terminals, or the cabinets
in which they are housed; and
(6) The applicant does not
hold any other license under this article, article 19-23-1, et seq.
twenty-three, chapter nineteen of this code, or articles twenty-two,
twenty-two-a or twenty-five of this chapter, except that an applicant may also
be licensed as a service technician or limited video lottery retailer, or
both.
(b) (1) A person or a member
of his or her immediate family who has an ownership interest in a business
entity that submits an application for an operator’s license may not: (A)
Submit an application for another operator’s license as an individual; (B)
serve as an officer, director, member or partner of a business entity that
submits an application for another operator’s license; or (C) have an ownership
interest in any other business entity that submits an application for an
operator’s license.
(2) Business entities that
have common owners or common officers, directors, members or partners may not
hold more than one operator’s license.
§29-22B-504. Additional qualifications for an applicant
for a limited video lottery retailer’s license.
No limited video lottery
retailer’s license or license renewal may be granted unless the Lottery
Commission has determined that, in addition to the general requirements set
forth in section five hundred two of this article, the applicant satisfies all
of the following qualifications:
(1)(A) If the applicant is an
individual, the applicant has been a citizen of the United States and a
resident of this state for the four-year period immediately preceding the
application;
(B) If the applicant is a
corporation, partnership or other business entity, the chief executive officer
and the majority of the officers, directors, members and partners (to the
extent each of these groups exists with respect to a particular business
organization), both in number and percentage of ownership interest, have been
citizens of the United States and residents of this state for the four-year
period immediately preceding the application;
(2) The applicant has
disclosed to the Lottery Commission the identity of each person who has control
of the applicant, as control is described in section five hundred seven of this
article;
(3) The applicant holds
either: (A) A valid license issued under article 60-7-1, et seq., seven,
chapter sixty of this code to operate a private club; (B) a valid Class A
license issued under article 11-16-1, et seq., sixteen, chapter
eleven of this code to operate a business where nonintoxicating beer is
sold for consumption on the premises; or (C) both licenses;
(4) The applicant has
demonstrated the training, education, business ability and experience necessary
to establish, operate and maintain the business for which the license
application is made;
(5) The applicant has secured
any necessary financing for the business for which the license application is
made and the financing: (A) Is from a source that meets the qualifications of
this section; and (B) is adequate to support the successful performance of the
duties and responsibilities of the licensee;
(6) The applicant has
disclosed all financing or refinancing arrangements for placement on the
applicant’s premises of video lottery terminals and associated equipment in the
degree of detail requested by the Lottery Commission;
(7) The applicant has filed
with the Lottery Commission a copy of any current or proposed agreement between
the applicant and a licensed operator for the placement on the applicant’s
premises of video lottery terminals;
(8) The applicant has filed
with the Lottery Commission a copy of any current or proposed agreement between
the applicant and a licensed operator or other person for the servicing and
maintenance of video lottery terminals by licensed service technicians; and
(9) The applicant does not
hold any other license under this article, article 19-23-1, et seq.,
twenty-three, chapter nineteen of this code or articles twenty-two-a or
twenty-five of this chapter except that an applicant may also be licensed as a
service technician or operator or both.
NOTE: The purpose of this bill is to allow a person
to be both a limited video lottery operator and retailer.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.
