Current through Register Vol. XLI, No. 50, December 13, 2024
Section 178-7-5 - Duties of Gaming Licensees5.1. A Gaming Licensee shall be responsible for compliance with all rules relating to associations licensed by the Commission as they apply to pari-mutuel wagering contained in 178CSR5.5.2. A Gaming Licensee shall file audited financial statements on or before the 30th of April of each year, unless otherwise authorized by the Racing Commission. These financial statements shall cover all income and disbursements relating directly and indirectly to the conducting of simulcast pari-mutuel wagering. The financial statements shall be prepared in accordance with generally accepted accounting principles and shall be accompanied by the report of an independent certified public accountant. If the Gaming Licensee is a corporation, it shall provide the Racing Commission with a copy of its annual audited, consolidated financial statements contained in the corporation's annual report to its shareholders and, if applicable, as submitted to the United States Securities and Exchange Commission.5.3. A Gaming Licensee is obligated to ensure the amounts retained from the pari-mutuel handles are distributed according to the W. Va. Code and Racing Commission rules.5.4. A Gaming Licensee shall provide proof of liability insurance coverage upon the request of the Racing Commission.5.5. A Gaming Licensee shall ensure that its gaming facility is designed and maintained for the safety of the patrons and occupational permit holders/registrants and is accessible to persons with disabilities as required by state and federal law.5.6. A Gaming Licensee shall cooperate in all respects with the Racing Commission, its employees and representatives in the performance of their regulatory duties.5.7. A Gaming Licensee shall provide members of the Racing Commission, its employees, its representatives and its designated agents the right of full and complete entry to any and all parts of the Gaming Licensee's gaming facility.5.8. A Gaming Licensee shall provide suitable office and parking space at its gaming facility for the use of the Racing Commission, its employees, its representatives and its designated agents for private consultation and the performance of any on-site work associated with the Commission's regulation of the Gaming Licensee.5.9. A Gaming Licensee contemplating a change of any kind pertaining to its gaming facility shall notify the Racing Commission in writing and obtain the Racing Commission's permission before any changes are made. 5.10. A Gaming Licensee shall maintain security controls over its gaming facility.5.11. A Gaming Licensee shall establish a system or method of issuing credentials or passes to restrict access to its restricted areas in its gaming facility.5.12. A Gaming Licensee shall ensure that all persons engaged in simulcast wagering-related activities at its gaming facility, including its employees who are so engaged, hold occupational permits or are registered as required by the W. Va. Code and this rule.5.13. A Gaming Licensee shall prevent access to and shall remove or cause to be removed from its restricted areas any person who does not have an occupational permit or registration issued by the Racing Commission, or who has not been issued a visitor's pass or other indentifying credential that authorizes him or her to have access to the restricted areas.5.14. Upon the request of the Racing Commission, a Gaming Licensee shall make a report to the Racing Commission which details any and all occurrences or incidents at the gaming facility. The report shall include the name of all persons involved in the occurrences or incidents and the circumstances of the occurrences or incidents.5.15. It is the responsibility of a Gaming Licensee to ensure that all persons under the age of sixteen (16) years are properly supervised by an adult when admitted to the gaming facility. Persons under the age of eighteen (18) years may not be admitted in the restricted areas of the gaming facility without the written permission of the Commission's Executive Director, except in case of an emergency.5.16. A Gaming Licensee shall not permit or allow any individual under the age of eighteen (18) years to wager at its gaming facility, knowing or having reason to believe that the individual is under the age of eighteen (18) years.5.17. A Gaming Licensee shall issue a badge or credential to all occupational permit holders/registrants and shall ensure that those persons who are issued a badge or credential visibly display the same at all times while on duty.5.18. A Gaming Licensee, its employees or agents shall report to the Racing Commission any knowledge they have that a violation of the Commission's rules or the laws of this State pertaining to the gaming facility's operations has occurred or may occur.