Limited Video Lottery Operator License Application
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Limited Video Lottery Operator License Application West Virginia Lottery Commission 900 Pennsylvania Avenue, Charleston, WV 25302 4/13/2021 Limited Video Lottery Operator Application Instructions Basic Requirements for Limited Video Lottery (LVL) Operator License • Copy of a business plan demonstrating the Company has the ability to successfully operate a Limited Video Lottery business • Provide disclosure of all financing or refinancing arrangements for the purchase, lease or other acquisition of video lottery terminals and associated equipment • Provide a letter of intent, proposed agreement or agreement between the applicant and any licensed 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 • Copy of any purchase agreement(s) for any video lottery terminals • Copy of any agreement(s)/contract(s) to place the video lottery machines in Limited Video Lottery Retailer establishments • Copy of current West Virginia Business Registration Certificate • Proof of workers’ compensation coverage • Proof of general liability insurance coverage for all video lottery terminals in an amount of at least $1 million per claim • Provide proof the business is in compliance and in good standing with the WV Unemployment Compensation Division • An operator may also be a retailer owning up to 10 LVL Retailer locations. The name of the LVL Retailer location(s) and ownership information must match on both licenses: LVL Retailer and LVL Operator Licenses • A person or a member of the applicant’s immediate family who has an ownership interest in a business that submits an application for an Operator’s, Manufacturer’s or Retailer’s license may not: o Submit an application for another Operator’s license as an individual; o Serve as an Officer, Director, Member or Partner of a business that submits an application for another Operator’s license; or, o Have an ownership interest in any other business that submits an application for an Operator’s license. How to Apply for a Limited Video Lottery (LVL) Operator License • Complete the Application; include the fee and all documents required above in the Basic Requirements for Limited Video Lottery (LVL) Operator License section. o Any incomplete application will be returned to applicant and no action will be taken o If any component of the application requires a supplemental explanation from you, please include with application o All signatures must be made by an authorized person o Please note that forms may be photocopied for your use. It is suggested you photocopy the forms prior to submitting them. o Each Owner, Officer, Executive, Key Personnel, Employee or Agent having power to significantly exercise influence in business operations must be fingerprinted by the West Virginia Lottery for a background check. After you have submitted your application to the Lottery, please call 1.800.982.2274, Ext. 231 or 1.304.558.0500, Ext. 231 to schedule your fingerprint session. The WV Lottery does not contact applicants to schedule fingerprint appointments. Mail completed application to: WV Lottery ATTN: Jennifer Cadle, Licensing Division 900 Pennsylvania Avenue Charleston, WV 25302 Fee: A $10,000 non-refundable application fee must be paid at the time of application submission. The WV Lottery accepts the following forms of payment: business check, certified check, cashier’s check, or money order. The WV Lottery also accepts credit/debit cards made securely on the Lottery website at www.wvlottery.com, Customer Service, Licensing and Online P ayment Options. For questions concerning your application, please contact Jennifer Cadle, Lottery Business Support Specialist at 304- 558-0500, ext. 367 or by email at [email protected]. For more information, please see our website: www.wvlottery.com - Click on “Customer Service,” then, “Licensing.” PART 5. REQUIREMENTS AND QUALIFICATIONS FOR LICENSURE. §29-22B-501. Types of licenses issued for participation in limited video lottery activities. (a) The lottery commission may issue four types of limited video lottery licenses, as follows: (1) A manufacturer’s license; (2) An operator’s license; (3) A limited video lottery retailer’s license; and (4) A service technician’s license. (b) A manufacturer’s license is required for all persons who act as a manufacturer as defined in section 22B-319 of this article. (c) An operator’s license is required for all persons who engage in the business of placing and operating video gaming machines on the premises of a retailer. A licensed operator and a licensed limited video lottery retailer who hold a permit issued under part 11 of this article may obtain video lottery terminals only from a licensed manufacturer. (d) A video lottery retailer’s license is required for all persons conducting limited video lottery on their premises. Each person licensed as a retailer shall have and maintain sole and exclusive legal possession of the entire premises for which the retail license is issued. (e) Each license issued pursuant to this section expires one year from the date of its issuance but may be successively renewed upon the filing and approval of an application for renewal, except as otherwise provided in this article. §29-22B-502. General qualifications for all types of limited video lottery licenses. (a) No limited video lottery license or license renewal may be granted unless the Lottery Commission has determined that the applicant satisfies all of the following qualifications: (1) The applicant is a person of good character, honesty, and integrity; (2) The applicant is a person whose background, criminal record, if any, reputation, habits, and associations, do not threaten to (A) compromise the public interest of the citizens of the state, (B) weaken the effective regulation and control of video gaming, (C) breach the security and integrity of the lottery, or (D) introduce corrupt, unfair, or illegal practices, methods, and activities into the operation of video gaming or the business or financial transactions incidental to the operation of video gaming; (3) The applicant has not been convicted of any violation of §29-22B-101 et seq., §19-23-1 et seq., §29-22-1 et seq., §29-22A-1 et seq., §29-25-1 et seq. of this code, or any felony related to theft, bribery, or gambling in this or in any other state or foreign country: Provided, That the Lottery Commission shall apply §29-22B-502(b) and §29-22B-502(c) of this code in determining whether an applicant’s prior criminal convictions bear a rational nexus to the license being sought; (4) The applicant has disclosed to the Lottery Commission the identity of each person who has control of the applicant, as control is described in §29-22B-507 of this code, and those persons satisfy all qualifications required by this section and any applicable qualifications required by §29-22B-503 through §29-22B-506 of this code; (5) The applicant has provided a set of fingerprints and has completed and signed the statement provided for in §29-22B-602 of this code; (6) The applicant has furnished all information, including financial data and documents, certifications, consents, waivers, individual history forms, and other materials requested by the Lottery Commission for purposes of determining qualifications for a license; (b) The Lottery Commission may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the activity requiring licensure. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the Lottery Commission shall consider at a minimum: (1) The nature and seriousness of the crime for which the individual was convicted; (2) The passage of time since the commission of the crime; (3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and, (4) Any evidence of rehabilitation or treatment undertaken by the individual. (c) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the Lottery Commission shall permit the applicant to apply for initial licensure if: (1) A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later; (2) The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and (3) The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the Lottery Commission. (d) An individual with a criminal record who has not previously applied for licensure may petition the Lottery Commission at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual’s criminal record to enable the Lottery Commission to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The Lottery Commission shall provide the determination within 60