§29-22E-1. Short Title
This article shall be known and may be cited as the West Virginia Lottery Interactive Wagering Act.
§29-22E-10. License Prohibitions
(a) The commission may not grant any license, pursuant to the provisions of this article, if evidence satisfactory to the commission exists that the applicant: (1) Has knowingly made a false statement of a material fact to the commission;
§29-22E-11. Interactive Wagering House Rules; Posting of Rules
(a) Each operator shall adopt comprehensive house rules for game play governing interactive wagering transactions with its patrons. These comprehensive rules will be published as part of the minimum internal control standards. The rules shall specify the amounts to be paid on winning wagers and the effect of schedule changes. House rules shall be approved […]
§29-22E-12. Operator Duties; Interactive Wagering Operations at a Licensed Gaming Facility
(a) General. — All operators licensed under this article to conduct West Virginia Lottery interactive wagering shall: (1) Employ an interactive gaming system and interactive gaming platform which manages, conducts, and records interactive games and the wagers associated with interactive games, as well as any interactive gaming platforms authorized by the commission. System requirements and […]
§29-22E-13. Posting of Betting Limits
An interactive wagering licensee shall conspicuously post a sign at each West Virginia Lottery interactive wagering location and on all interactive gaming platforms indicating the minimum and maximum wagers permitted at that location and shall comply with the same.
§29-22E-14. Interactive Wagering Agreements With Other Governments
(a) On behalf of the State of West Virginia, the commission is authorized to: (1) Enter into interactive wagering agreements with other governments whereby persons who are physically located in a signatory jurisdiction may participate in interactive wagering conducted by one or more operators licensed by the signatory governments; and
§29-22E-15. Authorization of Interactive Wagering in This State; Requirements
(a) An operator shall accept wagers on interactive games authorized under this article from persons physically present in a licensed gaming facility where authorized interactive wagering occurs. A person placing a wager shall be at least 21 years of age. (b) An operator may accept wagers from an individual physically located within this state using […]
§29-22E-16. Interactive Wagering Revenues; Accounting for the State”s Share of Revenue Imposed for the Privilege of Offering West Virginia Lottery Interactive Wagering; Limitation of Other Taxes; Recoupment for Improvements
(a) Imposition and rate of assessment. — For the privilege of holding a license to operate interactive wagering under this article, the state shall impose and collect 15 percent of the licensees adjusted gross interactive wagering receipts from the operation of West Virginia Lottery interactive wagering (hereinafter “privilege tax” or “tax”). The accrual method of […]
§29-22E-17. West Virginia Lottery Interactive Wagering Fund; Distribution of Funds
(a) The special fund in the State Treasury known as the West Virginia Lottery Interactive Wagering Fund is hereby created and all moneys collected under this article by the commission shall be deposited with the State Treasurer to the West Virginia Lottery Interactive Wagering Fund. The fund shall be an interest-bearing account with all interest […]
§29-22E-18. Law Enforcement
Notwithstanding any provision of this code to the contrary, the commission shall, by contract or cooperative agreement with the West Virginia State Police, arrange for those law-enforcement services uniquely related to interactive wagering, as such occurs at facilities of the type authorized by this article, that are necessary to enforce the provisions of this article […]
§29-22E-19. Civil Penalties
(a) The commission may impose, on any person who violates the provisions of this article, a civil penalty not to exceed $50,000 for each violation. Such penalty shall be imposed on all individuals and is not limited to individuals licensed under this article. (b) The provisions of §29A-5-1 et seq. of this code apply to […]
§29-22E-2. State Authorization of Interactive Wagering at Licensed Racetrack Facilities and Historic Resort Hotel; Legislative Findings, and Declarations
(a) Operation of West Virginia Lottery interactive wagering. — Notwithstanding any provision of law to the contrary, the operation of interactive wagering and ancillary activities are only lawful when conducted in accordance with the provisions of this article and rules of the commission. (b) Legislative findings. — (1) The Legislature finds that the operation of […]
§29-22E-20. Crimes and Penalties Related to Unauthorized Interactive Wagering Operations
(a) Any person, other than a licensee under this article, who engages in accepting, facilitating, or operating an interactive wagering operation is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or confined in jail for not more than 90 days, or both fined and confined. (b) Notwithstanding the […]
§29-22E-21. Crimes and Penalties Related to Authorized Interactive Wagering Operation
(a) An interactive wagering licensee is guilty of unlawful operation and is guilty of a misdemeanor when: (1) The licensee operates West Virginia Lottery interactive wagering without authority of the commission to do so;
§29-22E-22. Preemption
No local law or rule providing any penalty, disability, restriction, regulation, or prohibition for operating a gaming facility with West Virginia Lottery interactive wagering or supplying a licensed gaming facility may be enacted, and the provisions of this article preempt all regulations, rules, ordinances, and laws of any county or municipality in conflict with this […]
§29-22E-23. Exemption From Federal Law
Pursuant to Section 2 of Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1172, approved January 2, 1951, the State of West Virginia, acting by and through duly elected and qualified members of the Legislature, does declare and proclaim that the state is exempt from Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1171 to §1178.
§29-22E-24. Shipment of Gambling Devices
All shipments of gambling devices including any interactive wagering devices or related materials to licensed gaming facilities in this state are legal shipments of gambling devices into the State of West Virginia, as long as the registering, recording, and labeling of which have been completed by the supplier thereof in accordance with Chapter 1194, 64 […]
§29-22E-3. Definitions
For the purposes of this article, the following terms have the meanings ascribed to them in this section: (1) “Adjusted gross interactive wagering receipts” means an operators gross interactive wagering receipts from West Virginia Lottery interactive wagering, less winnings paid to wagerers in such games.
§29-22E-4. Commission Duties and Powers
(a) In addition to the duties set forth elsewhere in this article, and in §29-22-1 et seq., §29-22A-1 et seq., §29-22B-1 et seq., §29-22C-1 et seq., §29-22D-1 et seq., and §29-25-1 et seq. of this code, the commission shall have the authority to regulate interactive wagering and the conduct of interactive gaming. (b) The commission […]
§29-22E-5. Licenses Required
(a) No person may engage in any activity in connection with West Virginia Lottery interactive wagering in this state unless all necessary licenses have been obtained in accordance with this article and rules of the commission. (b) The commission may not grant a license until it determines that each person who has control of the […]