wv lottery gaming machines
West Virginia Lottery Commission
900 Pennsylvania Avenue, Charleston, WV 25302
WV Lottery Limited Video Lottery
Retailer Handbook
An Introductory Guide to Becoming a
Limited Video Lottery Retailer
1
February 2020
The application process:
Applications can be obtained from the WV Lottery website at
www.wvlottery.com
. Once on
the website, go to Customer Service then scroll down and select Licensing. You should now see
the LVL Retailer Application on the upper right side of the screen. The application can be
downloaded or printed. Applications are also available by visiting WV Lottery Headquarters in
Charleston, WV, or by calling the License Division of the WV Lottery at 304.558.0500 Ext. 278
or 1.800.982.2274 Ext. 278.
Complete the application in its entirety, making sure to follow the instructions provided with the
application packet. The completed application and $500 application fee can be returned in
person at the WV Lottery headquarters building located at 900 Pennsylvania Avenue,
Charleston, WV 25302. The completed application and fee can also be mailed to the West Virginia
Lottery – License Division, P.O. Box 2067, Charleston, WV 25327-2067. Before submitting the
application, make sure you satisfy the following requirements.
- Obtained a valid Class “A” Private Club or Non-Intoxicating Beer (Tavern)
License from the WV Alcohol Beverage Control Administration (ABCA). You
will be required to supply a copy of the ABCA license, or verify that you have a
valid ABCA license for the same retail location for which you are seeking a Limited
Video Lottery Retailer license.
- Verification of business registration with the WV Secretary of State’s office. You
may contact the WV Secretary of State’s office at 304.558.6000 for questions
concerning their registration requirements.
- An approved Workers’ Compensation policy or a valid exemption policy showing
the effective dates and exemption number must be submitted with your
application.
- You must register with the Unemployment Division of Workforce WV. You may
contact Workforce WV at 304.558.2451. To register, contact their Status
Determination Unit at 304.558.2677.
- Include a copy of your WV Business Registration Certificate issued by the WV
State Tax Department. You may contact the WV State Tax Department at
304.558.8651.
- Unless the retail space is owned by you, please include a copy of the lease
agreement where Limited Video Lottery (LVL) will be conducted.
- Include a copy of any contract or agreement with a WV Lottery licensed operator
from whom you will lease the video lottery gaming machines and provide
technical/repair service.
How much does it cost to be a Limited Video Lottery Retailer?
The initial application fee is $500. Annual renewal fees are also $500. The WV Lottery accepts
the following forms of payment; certified check, cashier’s check, business check or money order.
The WV Lottery also accepts credit/debit card and automated clearing house (ACH) payments
made securely on the WV Lottery website. To pay online, please go to
www.wvlottery.com
once
there, select “Customer Service” at the top of the home page, then scroll down and select
“Licensing”. Once on the Licensing page you will see the online payment options on the upper
right side.
Residency requirements:
In order to qualify for a Limited Video Lottery Retailer license, owners, officers and members
must each satisfy residency requirements. Residency requirements can be found in WV Code
§29-22B-504. All applicants must be a citizen of the United States and a resident of the state of
West Virginia for the four year period immediately preceding the date of application. If the
applicant is a corporation, partnership or other business entity, the chief executive officer and
majority of the officers, directors, members and partners, both in number and percentage of
ownership, must meet the residency requirements. For answers to specific questions concerning
residency requirements, please contact the WV Lottery License Division at 304.558.0500 Ext.
278 or Ext. 245.
What does this mean?
If the business has one owner, that one person must have been a full-time resident of this state
for the four year period immediately preceding the application. For businesses with multiple
owners, officers or members, the majority of people and percentage of ownership must meet the
residency requirements.
Example 1: A business has one owner. That person must meet all of the residency requirements
in order to successfully qualify.
Example 2: A business has two owners. One person owns 51% and meets all other residency
requirements. The second person owns 49% but resides in Ohio. Although the majority owner
meets the residency requirement, the business itself would not qualify because the residency
must be satisfied both in the number of owners and ownership percentage being residents of this
state.
Example 3: A business has three owners, officers or members. Officer A owns 30% and has
been a full-time resident of this state as required. Officer B also owns 30% and has been a
resident of this state as required. Officer C owns 40% but has not been a resident of this state as
required. This business would qualify because both the number of owners, officers, members
and the percentage of ownership meet the requirements.
How is residency determined?
Residency is determined by meeting all of the following requirements:
- Maintains a bona fide full-time primary place of residence in this state.
- Is not registered to vote in any other state.
- If licensed to drive, holds a valid driver’s license in this state and does not hold a
current driver’s license issued by any other state.
- Has “timely filed” personal income tax returns as a resident of the state of West
Virginia for the four preceding calendar years (determined by including any
authorized extension of time for filing the tax return).
- Does not claim to be a resident of any other state for any other reason.
February 2018
3
Does the Lottery look at my personal income taxes?
No. The Lottery does not view your tax records. The Lottery only verifies that the taxes were
filed with the WV State Tax Department within the required time period and that they were filed
as a resident of this state for the four year period immediately preceding the filing of the LVL
retailer application.
What if I live in West Virginia but work and pay personal income taxes in another state?
Under the laws governing the residency requirements, you would not qualify as a resident of this
state. In order to pass the residency requirements, the applicant would need additional owners or
officers on the application so the majority number of owners/officers and percentage owned
would be residents of this state.
What does “timely filed” mean?
The returns were filed for each of the four years preceding the filing of the application for LVL
licensure by the last day of the calendar or fiscal year in which the return or returns were due
including any authorized extension of time.
Example – 2015 Personal Income taxes would have to have been filed on or before
December 31, 2016 this includes any authorized extension.
Are there exceptions to the timely filed requirements?
Yes. For example, a person was not required to file a West Virginia personal income tax return
because the low-income earned income exclusion applies (federal adjusted gross income is
$10,000 or less and earned income is $10,000 or less). In this case, no West Virginia personal
income tax return is required unless the difference between federal adjusted gross income and the
amount of earned income excluded exceeds the amount of the allowable personal exemptions.
- The person was required to file a federal income tax return for the taxable year,
but the person was not required to file a West Virginia personal income tax return
for the same taxable year because the person was claimed as a deduction on his or
her parent's income tax return for the taxable year.
- The person was not able to comply due to circumstances beyond the control of the
person, and the inability to comply was not, in the determination of the commission,
the result of a willful act or neglect by the person.
- If the applicant relied on a paid tax preparer, the return will be considered timely
filed when filed within six months beyond the limit stated above if the paid
preparer submits an affidavit stating the applicants’ return was not filed within
twelve months of the end of the taxable year due to an error or omission on the
part of the paid preparer.
- If the commission determines that the applicants’ financial records were destroyed
by fire, flood or other natural or man-made disaster, the return will be considered
timely filed when filed.
February 2018
4
Are there business names that I am prevented from using?
Yes. Legislative Rule §179-5-33.4 states that a limited video lottery licensed retailer shall not use
words commonly associated with gambling in either its corporation name or its doing-business-as
(DBA) name. Legislative Rule §179-5-33.5 states a
limited video lottery licensed retailer shall not
use gambling symbols including but not limited to playing cards, roulette wheels, slot machines or dice on
any sign or in any directions or advertising visible from outside the licensed retailers establishment.
For questions concerning your business entity and/or DBA name, please contact the WV Lottery License
Division and speak with Elizabeth Webb, Manager of Licensing at 304.558.0500. Ext. 213.
Zoning compliance:
A business zoning compliance form, included with the application, must be completed by the
appropriate city or county zoning building administrator or clerk. The business information can
be completed by the applicant; however, the form must be signed by the city or county building
official. In some instances, the city or county building official may not accept the form and may
refuse to sign it due to the legal language of the form. In these cases, a letter from the
appropriate city or county building official indicating that the business is or is not in compliance
may satisfy this requirement.
Fingerprints, background checks and criminal offenses:
Each individual associated with an application is required to be fingerprinted for a criminal
background check. Although applicants are fingerprinted for licensure with the ABCA, the WV
Lottery requires their own set of fingerprints for licensing purposes. Once you have submitted
the completed application and applicable fee, you will be required to contact the WV Lottery
Security Department to schedule a fingerprint session. The WV Lottery Security Department
can be contacted by calling 304.558.0500 Ext. 231or 1.800.982.2274 Ext. 231. Please note that
the WV Lottery does not contact the applicant to schedule this appointment.
What are disqualifying crimes?
Felony convictions related to theft, bribery, gambling or involving moral turpitude in West Virginia
or any other state or foreign country. Additionally, an applicant may be disqualified for any
conviction for a violation of the Limited Video Lottery Act §29-22B, any article or section of
§19-23-1, or any conviction for a violation of the State Lottery Act §29-22, Racetrack Video
Lottery Act §29-22A, Racetrack Table Games Act §29-22C, or the Authorized Gaming Facility
Act (The Greenbrier) §29-25. For answers to specific questions concerning criminal offenses,
please call the WV Lottery at 304.558.0500 and ask for Limited Video Lottery Security.
What happens next?
Upon receipt by the License Division, the application will be reviewed to ensure that all forms
have been properly completed and returned and that the application fee has been paid. If
everything is complete, the License Division will begin to process the application. This involves
verifying information contained in the application; ABCA license, Secretary of State registration,
Workers’ Compensation and Unemployment are verified. Additionally, the License Division will
verify that each person listed on the application meets the residency requirements outlined above.
February 2018
5
Incomplete applications:
In accordance with §29-22B-509(b) of the Limited Video Lottery Act, incomplete applications
cannot be considered. An incomplete application is defined by Legislative Rule §179-5-2.9 as an
application that fails to include one or more of the required elements for licensure:
A)
Fingerprint information.
B)
All lottery forms completely filled in.
C)
Payment of the non-refundable fee for licensure.
D)
A valid Class “A” Private Club or Nonintoxicating Beer License.
In the event the License Division receives an incomplete application, the applicant will be
notified in writing of the deficiencies and shall have fifteen (15) calendar days to submit the missing
or incomplete information. Information received after the stated deadline will not be considered
and may result in the disqualification of the application.
Preliminary site inspection:
The License Division will notify Limited Video Lottery Security of the application’s receipt. At
this point, the applicant will be contacted by an Investigator from the Limited Video Lottery
Security Division. The Investigator will conduct a preliminary site inspection to determine if the
location meets the requirements to conduct Limited Video Lottery gaming on the premises.
During the preliminary site inspection, the Investigator will check the outside area surrounding
the premises to make sure that it complies with all applicable laws. The outside inspection may
require the Investigator to take measurements to other locations that may potentially disqualify
the proposed location from being licensed.
Why and how are measurements completed?
Measurements are required to determine if the proposed Limited Video Lottery retail location is
at least 150 feet from an existing location that offers Limited Video Lottery or business that sells
petroleum products capable of being used as fuel in an internal combustion engine, excluding an
WV Authorized Truck Stop, and at least 300 feet from a church, school, daycare center or the
perimeter of a public park. Please note that these locations cannot offer or grant any type of
waiver to a proposed LVL retail location that would be disqualified for failing to meet the
distance requirements. Additionally, the WV Lottery does not allow exceptions to these provisions
unless that location is deemed to meet specific “grandfather” requirements. Grandfather
status is determined by LVL Security.
Measurements are made from the nearest external wall of the proposed LVL location to the
nearest external wall of a potentially disqualifying location listed above. All measurements are
made using a straight line “as the crow flies” distance. Please note that the WV Lottery does not
follow the same measuring guidelines as the ABCA when determining distance. A location may
qualify for and receive an ABCA license using their measurement method yet fail to meet the
distance requirements established and approved by the WV Lottery. For questions concerning
WV Lottery measurements, please call 304.558.0500 and ask for Limited Video Lottery
Security. Questions regarding ABCA measurements should be directed to the ABCA.
February 2018
6
Can I apply for a Limited Video Lottery Retailer license at a gas station?
Legislative Rule Title 179 Series 5 was amended during the 2017 regular session of the WV
Legislature to allow LVL gaming at an “Authorized West Virginia Truck Stop”. There are,
however, still very specific requirements that must be met before a license will be issued. The
applicant for the LVL retailer license at an Authorized West Virginia Truck Stop must attest that
they are not owned or operated either directly or indirectly by a direct or indirect owner or related
person of the business selling petroleum products. The term “related person” shall mean spouses,
brothers, sisters (whether by whole or half-blood), and children or grandchildren. Additionally,
the facility itself must meet the guidelines listed below. It is the responsibility of the applicant,
not the owner of the truck stop to verify these qualifications. In addition to the qualifications
below, the applicant must meet all other requirements for licensure. In all cases, the burden of
proving qualification for any limited video lottery license rests solely with the applicant.
Questions concerning Authorized West Virginia Truck Stops may be directed to the WV Lottery
License Division.
What is an Authorized West Virginia Truck Stop?
An Authorized West Virginia Truck Stop is a facility that meets the following requirements
found in Legislative Rule §179-2.12.2.a
A) Is also a convenience store
B) Has separate diesel islands for fueling commercial vehicles
C) Has overnight parking spaces for commercial vehicles
D) Is open 24 hours, and
E) Has at least fifty (50) parking spaces
Will the Lottery inspect my retail location before I submit an application to be an LVL
retailer?
No. The Lottery does not conduct site inspections, measurements or make declaratory rulings
concerning a location’s ability to meet the qualifications prior to submission of the application
and non-refundable application fee.
I’m approved, now what do I do?
Once you are approved, the License Division will print and mail your license which must be
displayed at all times in the retail location. Additionally, the License Division will notify the
licensed Limited Video Lottery Operator you have contracted with to advise them that the
license has been approved, and they can submit the installation paperwork to the LVL Security
Division. Unless you own your permits, you must use a licensed operator to lease the LVL
gaming machines. The operator will submit installation paperwork to LVL Security notifying
them that they will be transporting LVL gaming machines to your licensed retail location. Once
this happens, an LVL Investigator will also be notified to schedule the date and time of the
installation. During that time, the Investigator will conduct a final site inspection to make sure
the location meets all final requirements and confirm the LVL gaming machines are correctly placed
within the retail location. The Investigator will also verify that the required video surveillance
system is in place, that security cameras are positioned correctly, and that the security system
recorder is functioning and recording correctly.
February 2018
7
Does the WV Lottery provide the video lottery gaming machines?
No. The WV Lottery does not sell or provide the video lottery machines needed for limited
video lottery. You must have either purchased permits to own machines, or you must enter into
a contract with a WV Lottery licensed operator to lease video lottery gaming machines for
placement in your retail location once it’s approved. A list of licensed operators may be found on
the WV Lottery website under Video Lottery, Limited Video Information.
Placement of video lottery gaming machines:
Locations that have a valid Class “A” Private Club ABCA license may have the LVL gaming
machines in an open, common area of the location, provided that no one under the age of 21 is
permitted entry. However, many restaurants that have a Class “A” Private Club license allow
patrons under the age of 21 to enter and enjoy a meal. In this instance, the LVL gaming
machines must be located in a separate room with a door to restrict access to the gaming room to
those persons age 21 and above.
Locations with a valid Class “A” Nonintoxicating Beer (Tavern) license cannot restrict entry into
the location to persons age 21 and above and therefore must have the LVL gaming machines in a
separate room with a door to restrict access to the gaming room to persons age 21 and above.
Any location that allows persons under age 21 to enter must have the LVL gaming machines in a
separate room with a door and the door must remain closed. The LVL gaming machines are not
permitted to be visible by any person under the age of 21. For questions concerning the placement
of LVL gaming machines, please call 304.558.0500 and ask for LVL Security.
Can I have employees under age 21?
Yes. You may have employees under age 21, however, any person, including employees may not
enter the restricted adult access area where the gaming machines are located. Employees under
the age of 21 are also prohibited from validating cash out tickets form the gaming machines.
What if I have an ATM in my business?
By law, LVL retailers cannot provide access to an ATM. This means that any ATM located on
the premises must be outside of the gaming area. If the LVL gaming area is in a separate room
with a door, the ATM must be located outside of the gaming room. If the LVL gaming machines
are in the open common area, the ATM must be in a separate room with a door. The room
must be at a minimum six feet by six feet or 36 square feet in size. Doors to ATM rooms must
remain closed. For questions concerning the correct placement of ATM’s, please call 304.558.0500
and ask for LVL Security.
February 2018
8
Do I have to sell food?
Kitchen requirements for retail premises with Class “A” Private Club licenses are regulated by
the Alcohol Beverage Control Administration. Retail premises with a Class “A” Tavern license
must, by Lottery law and policy, have and maintain a suitable kitchen and dining facility and
related equipment for serving meals on the premises. A suitable kitchen must contain at a minimum
the following.
- One (1) variable control microwave oven for five video lottery machines.
- One (1) sink with hot and cold running water.
- One (1) cold storage unit or refrigerator-and-freezer combination.
- Sufficient quantities of plates and/or bowls of paper, plastic or similar
construction, plastic knives, forks and spoons, and drinking glasses and cups to
serve beverages and meals.
- Licensed locations must have at least enough food on the premises to serve meals
totaling three times the number of video lottery terminals in the tavern on any one
(1) day.
Meals must be available at all times when the licensed location is open for limited video lottery
business and consist of one (1) item or any combination of items. For example, fresh, canned
and packaged chili, soup, spaghetti, fresh salad, fresh or prepackaged sandwiches, freshly
prepared meats and vegetables and frozen dinner entrees are acceptable. Items that by
themselves do not qualify as adequate are packaged potato chips and similar products; packaged
crackers; packaged nuts; packaged desserts (fruit pies, cakes, cookies, etc.); sausages and similar
products. The requirements can be found in the Limited Video Lottery Act §29-22B-328(a) (2)
and Lottery Policy Statement 11-01. Please call 304.558.0500 and ask for LVL Security for
answers to specific kitchen, dining and meal requirements.
Can I advertise my Limited Video Lottery business?
No. Retailers are strictly prohibited from advertising the LVL business. However, if an LVL
retail location is inside a restaurant, the owner can advertise for the restaurant but cannot mention
the LVL gaming machines. The WV Lottery furnishes each LVL retailer with a red decal that
may be placed on the exterior of the business to alert the public that the location offers WV Lottery
products. No other form of advertising is permitted by law. This includes advertising on social
media, such as Facebook, Twitter or Instagram.
Can I offer promotions to attract business?
No. LVL retailers are not permitted to offer promotions to attract customers. LVL retailers may;
however, provide complimentary soft drinks, chips and snacks to players, provided that
complimentary drinks and snacks are not limited to players of LVL gaming machines. If a
retailer chooses to offer complimentary beverages or snacks to players, they must also offer them
to persons not playing LVL gaming machines.
February 2018
9
Payment of credits:
A Limited Video Lottery retailer must immediately pay for all credits won upon presentment of a
valid winning video lottery ticket. The full face value of the winning video lottery ticket must be
paid including any change. The retailer may not round up or round down the value of the
winning ticket. A retailer may not redeem tickets for credits awarded on an LVL gaming
machine not located on its premises. The Lottery is not responsible for the payment of any video
lottery credits won by any person. Tickets must be presented for payment no later than 10 days
from the date the ticket is printed. The 10 days applies to the time period the customer has to
redeem the ticket. The retailer does not have 10 days to pay the winning amount. The video
lottery ticket must meet the following requirements:
A)
The ticket is fully legible.
B)
The ticket is not mutilated, altered unreadable, or tampered with in any manner.
C)
The ticket is not counterfeit in whole or part.
D)
The ticket is presented by a person legally authorized to play video lottery.
Can I cash checks or extend credit to customers?
No. LVL retailers may not accept checks in exchange for cash in order for a customer to play
the LVL gaming machines at their retail location. Additionally, extending credit of any kind is
strictly prohibited and a violation of the LVL Act.
What if the person presenting the ticket wasn’t the person who played?
A video lottery ticket is “bearer instrument,” meaning that whoever possesses the ticket,
regardless of whether or not that person was the person who actually played and won the credits,
shall be paid. Provided the person presenting the video lottery ticket is legally authorized to play
video lottery, the retailer is obligated to pay the full face value of the ticket.
Can I pay a winning video lottery ticket by check?
Yes. §29-22B-704(4) (b) of the Limited Video Lottery Act states in part “…Credits shall be
immediately paid in cash or by check when a player presents a valid ticket for payment.”
When I validate a ticket for payment, can I keep the “change” as a tip?
No. As previously noted, the retailer is obligated by law to pay the full face value of the ticket.
This includes any non-whole dollar amounts. If a person presents a valid ticket for $8.37, the
retailer must pay the exact amount. Not paying the change is one of the most common complaints
received and investigated by LVL Security.
Am I required to have a technician license to clear money jams or change paper?
No. Any employee o v e r t h e a g e o f 2 1 can access the interior of a video gaming
machine to clear a money jam, change printer paper or replace light bulbs. A technician’s
license is required to access the area inside the video gaming machine known as the logic area or
brain box. LVL Security Investigators must be on site before a licensed service technician can
access the logic area or brain box.
February 2018
10
What if the video lottery game malfunctions when a customer is playing?
If a video lottery gaming machine is rendered totally inoperable during game play, the retailer
shall return to the player, the current wager and all credits appearing on the video lottery game
screen prior to the malfunction. The Lottery is not responsible for any video lottery terminal
malfunction that causes a credit to be wrongfully awarded or denied to players. The retailer is
solely responsible for any wrongful award or denial of credits. When a video lottery gaming
machine malfunctions, the retailer is responsible for notifying a WV Lottery licensed LVL
service technician, certified for that machine manufacturer, to make the necessary repairs to any
circuit, processor or motherboards.
What if I have a contract dispute with my operator?
The WV Lottery is not party to contracts and agreements between operators and retailers and
does not approve contracts. Disputes between operators and retailers have not been, and will not
be, decided by the WV Lottery. The WV Lottery only reviews the contracts to determine the
parties, terms, number of machines involved, and that the contract contains a lawful percentage
split.
What if my questions have not been fully answered?
If you have questions that have not been answered by this handbook, please feel free to contact
the WV Lottery. If your question is related to licensing, contact Marsha Sheets in the License
Division at 304.558.0500 Ext. 278 or Elizabeth Webb, Manager of Licensing, at 304.558.0500
Ext. 213. If your questions are related to security, please call 304.558.0500 and ask for LVL
Security. We will be happy to answer your questions and work with you to resolve any issues or
concerns.
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