(a) An individual may enter a designated gaming area or remain in a designated gaming area only if the individual:

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Terms Used In West Virginia Code 29-25-24

  • Commission: means the State Lottery Commission created in section four, article twenty-two of this chapter. See West Virginia Code 29-25-2
  • Designated gaming area: means one or more specific floor areas of a licensed gaming facility within which the commission has authorized operation of video lottery terminals or West Virginia Lottery table games, or the operation of both video lottery terminals and West Virginia Lottery table games. See West Virginia Code 29-25-2
  • Gaming facility: means a designated area on the premises of an existing historic resort hotel in which West Virginia Lottery table games are conducted by a gaming licensee. See West Virginia Code 29-25-2
  • Historic resort hotel: means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its National Registry of Historic Places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility. See West Virginia Code 29-25-2
  • Person: means any natural person, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature. See West Virginia Code 29-25-2
  • Wager: means a sum of money or thing of value risked on an uncertain occurrence. See West Virginia Code 29-25-2

(1) Is either;

(A) A registered overnight guest at the historic resort hotel on whose premises the gaming facility is located;

(B) A person who is a not a registered overnight guest, but is a registered participant at a convention or event being held at the historic resort hotel: Provided, That this paragraph does not apply on any calendar day when less than four hundred guest rooms are occupied at the historic resort hotel; or

(C) A member of a homeowner or facility association that entitles members to substantial privileges at the historic resort hotel on whose premises the gaming facility is located or an overnight guest of such a member: Provided, That the association was in existence as of April 1, 2009;

(2) Is at least twenty-one years of age;

(3) Is not visibly intoxicated;

(4) Has not been determined by the gaming facility operator or the commission to be unruly, disruptive or otherwise interfering with operation of the gaming facility; or to be likely to commit, or to attempt to commit, a violation of this article; and

(5) Has not been barred by the commission from entering a gaming facility.

(b) Notwithstanding any provisions of this code to the contrary, no employee of the commission or any member of his or her immediate household may wager at the gaming facility, and no licensed limited gaming facility employee may wager on any table game at the limited gaming facility.