Current through Register Vol. XLI, No. 50, December 13, 2024
Section 178-7-3 - License Required3.1. An applicant may apply to the Racing Commission for a license to conduct at the historic resort hotel pari-mutuel wagering on simulcast horse and dog races held at a licensed racetrack in this state, or in another jurisdiction, where pari-mutuel wagering is permitted and conducted.3.2. The application shall be submitted in the form prescribed by the Commission and must provide the information required by the Commission under this rule.3.3. No applicant may conduct pari-mutuel wagering on simulcast horse and dog races under W. Va. Code § 19-23-12d without first obtaining a license from the Commission.3.4. Licenses issued under this rule are not transferrable or assignable. The sale of the assets of a gaming licensee requires the buyer to apply for a license from the Commission.3.5. Licenses shall be issued for the period of January 1 through December 31 of each year, unless approved otherwise by the Commission.3.6. Licenses shall be renewed, suspended or revoked on the same basis as licenses issued to racing associations under W. Va. Code §19-23.3.7. An application for a license must include the following: 3.7.a. The full name and address of each partner, member, officer or director of the applicant;3.7.b. The dates on which the applicant intends to offer simulcast pari-mutuel wagering on horse and dog races and the racetracks from which it intends to receive simulcast transmissions;3.7.c. Copies of the participation agreements that the applicant has entered into or intends to enter into;3.7.d. The location of the gaming facility in which the applicant intends to offer simulcast pari-mutuel wagering on horse and dog races;3.7.e. Whether the applicant, any partner, member, officer or director has previously applied for a license or similar authority in another state to offer simulcast pari-mutuel wagering on horse and dog races, and if so, whether such license was issued or refused, and if issued, whether it was ever suspended or revoked.3.7.f. A verification that the applicant shall comply with the requirements of the federal Interstate Horseracing Act of 1978, P. L. 95-515, 15 U.S.C. §§ 3001 - 3007.3.7.g. Such other information as the Racing Commission may require, including, but not limited to, satisfactory evidence that the applicant has the ability to pay all taxes due the state, salaries of employees necessary for the conducting of simulcast pari-mutuel wagering, and other expenses incident to the activity for which the license is sought. If satisfactory evidence of ability to pay such expenses cannot be produced by the applicant, the Commission may require a bond or other adequate security before the license is issued; and3.7.h. A signed, notarized verification that the information contained on the application is true and accurate. Such verification shall be signed by a partner, member, officer or director of the applicant.3.8. Applicants for licenses may be required to have their partners, members, officers or directors provide fingerprints for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If fingerprints are required to be provided by an applicant's partners, members, officers or directors, such persons shall provide a signed authorization for the release of information by those agencies.3.9. The filing of an application for a license shall authorize the Racing Commission to investigate criminal and employment records, to engage in interviews to determine the applicant's character and qualifications and to verify information provided by the applicant. 3.10. The Racing Commission shall have the discretion to impose conditions upon any license necessary to effectuate the purposes of the Commission's rules and the W. Va. Code pertaining to a Gaming Licensee's operations.