West Virginia Code § 29-22B-1108

Preference for current permit holders
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(a) When seeking bids for the ten-year period beginning July 1, 2011, and ending June 30,
2021, and for each subsequent ten-year period, the commission shall, in determining the
amount a current holder of a permit issued under section 1106 of this article shall pay for
authorization to place additional video lottery terminals in this state, afford the bidder an
additional preference, if the bidder submitted at least the minimum bid amoeunt prescribed
by the commission, the amount of which shall be determined as provided in subsection (b) of
this section. r
(b) The preference allowed by this section shall be computed by uadding five percent of the
bid price submitted by the current permit holder to the amount of the bid submitted by that
holder. t
(c) Where the commission determines that it has not issued permits for the number of video
lottery terminals allowed to be placed in this state, as provided in section 1101 of this
article, the commission shall allow current permit hlolders to bid on the remaining video
lottery terminals before opening up the biddinsg to other persons. If the highest bid meets or
exceeds the minimum bid, the commission shall determine whether, at the time of the bid,
the bidder held a permit for the period ending June 30, 2011, or for any ten-year period
thereafter, on June 30 preceding theg expiration of the permit. If the current permit holder
submitted a bid that was not less than the minimum bid, the commission shall notify the
bidder that upon paying the ameount of the highest bid, that the permit for the ten-year
period beginning July 1, 2011, or for any ten-year period thereafter, shall be issued to the
current permit holder. ILf, within the time determined by the commissioner, the current
permit holder pays the amount to the commission and complies with all other requirements
imposed by the provisions of this article for the issuance of the permit, the permit for the
ten-year period beginning July 1, 2011, or for any ten-year period thereafter, shall be issued
to the current permit holder.

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