W. Va. Code R. § 178-10-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 178-10-4 - Operations by advance deposit account wagering licensees

4.1. Before beginning operations in the state of West Virginia, an ADW licensee must be qualified to do business in West Virginia.

4.2. Any action that suspends or otherwise prohibits an ADW licensee of the Racing Commission from operating in another state may be used as grounds for a suspension of its ADW license in West Virginia. An ADW licensee whose ADW license has been suspended, revoked or otherwise rendered inoperable in another state has a duty to immediately notify the Racing Commission.

4.3. Only individuals who have established accounts with an ADW entity licensed by the Racing Commission may wager through an account and that account must be with an ADW entity licensed in West Virginia.

4.4. The following provisions apply to opening an ADW account:.

4.4.a. An ADW licensee shall require from an applicant the following information including, but not limited to:

4.4.a.1. Name;

4.4.a.2. Principal residence address;

4.4.a.3. Telephone number;

4.4.a.4. The entire or last four digits of the applicant's Social Security number, or the equivalent for a foreign applicant such as a passport or taxpayer identification number;

4.4.a.5. Age; and

4.4.a.6. Other information necessary for account administration.

4.4.b. The information obtained from the applicant shall be verified by the ADW licensee using means acceptable to the Racing Commission.

4.5. The following provisions apply to administration of an ADW account:

4.5.a. Each account holder's ADW account shall be administered in accordance with the terms of agreement, which have been approved by the Racing Commission, including but not limited to:

4.5.a.1. Deposits;

4.5.a.2. Credits to accounts;

4.5.a.3. Debits to accounts;

4.5.a.4. Withdrawals;

4.5.a.5. Minimum deposit; and

4.5.a.6. Fees, if any, per wager.

4.6. Only the holder of an ADW account shall place an account wager. Unless otherwise approved by the Commission, no person, corporation or other entity shall directly or indirectly act as an intermediary, transmitter or agent in the placing of wagers for a holder of an ADW account. Provided, however, that the use of credit or debit cards specifically approved by the ADW licensee or the use of checks, money orders or negotiable orders of withdrawal or the use of telephonic, computer or electronic means by the account holder to place such wagers shall not be prohibited.

4.7. An ADW licensee shall maintain for at least three years all records of the opening and closing of accounts, wagers, earnings and withdrawals.

4.8. An ADW licensee may close accounts for violation of its terms of agreement or other appropriate reasons;

4.9. An ADW licensee may close wagering on any particular race or racetrack;

4.10. An ADW licensee shall provide the account holder with appropriate identification materials and the terms of agreement.

4.11. The principal residence address provided in writing by the account holder at the time of application is deemed to be the proper address for the purposes of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence. The mailing of checks or other correspondence to the address given by the account holder shall be at the sole risk of the account holder.

W. Va. Code R. § 178-10-4