West Virginia Code § 47-23-8

How fee paid; reports required; due date; records to be kept; inspection of
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records and stocks; examination of witnesses, summons, etc.
The retail value fee imposed by section three of this article shall be paid by each licensed
wholesaler or distributor to the commissioner on or before April 20, July, October and
January for the preceding three calendar months. The measure of the fee on the retail value
of charitable raffle boards or games shall be determined by multiplying the etotal amount of
the retail value of all charitable raffle boards and games sold by a wholesaler or distributor
to retailers during the said three-month period by twenty percent. Saidr fee shall be in
addition to any tax imposed pursuant to the provisions of article fifteen, chapter eleven of
this code. All fees due and owing to the commissioner by reason of this article, if paid after
the due dates required by this section, shall be subject to the provisions of article ten,
chapter eleven of this code. Each wholesaler or distributor sthall provide with each quarterly
payment of fees a return covering the business transacted in the previous three calendar
months and providing such other information as the commissioner may deem necessary for
the ascertainment or assessment of the fee imposed by this article. Such return shall be
signed under penalty of perjury on such forms as the Tax Commissioner may prescribe and
the wholesaler or distributor shall at the time of filing remit all fees owed or due.
The returns prescribed herein are required, although a fee might not be due or no business
transacted for the period covered byg the return.
Each person required to file a ereturn under this article shall make and keep such records as
shall be prescribed by the commissioner that are necessary to substantiate the returns
required by this article, Lincluding, but not limited to, invoices, serial numbers or other
verification, inventories, receipts, disbursements and sales, for a period of time not less than
three years.
Unless otherwise permitted, in writing, by authority of the commissioner, each delivery
ticket or invoice for each purchase or sale of charitable raffle boards or games must be
recWorded upon a serially numbered invoice showing the name and address of the seller and
the purchaser, the point of delivery, the date, quantity, serial number and price of the
product sold and the fee must be set out separately, and such other reasonable information
as the commissioner may require. These invoicing requirements also apply to cash sales and
a person making such sales must maintain such records as may be reasonably necessary to
substantiate his return.
In addition to the commissioner's powers set forth in section five, article ten, chapter eleven
of this code, the commissioner shall have authority to inspect or examine the stock of
charitable raffle boards and games kept in and upon the premises of any person where
charitable raffle boards and games are placed, stored or sold, and he or she shall have
authority to inspect or examine the records, books, papers and any equipment or records of
manufacturers, wholesalers and distributors or any other person for the purpose of
determining the quantity of charitable raffle boards and games acquired or disbursed to
verify the truth and accuracy of any statement or return and to ascertain whether the fee
imposed by this article has been properly paid.
In addition to the commissioner's powers set forth in section five, article ten, chapter eleven
of this code, and as a further means of obtaining the records, books and papers of a
manufacturer, wholesaler, distributor or any other person and ascertaining the amount of
fees and returns due under this article, the commissioner shall have the power to examine
witnesses under oath; and if the witness shall fail or refuse at the request ofe the
commissioner to grant access to the books, records or papers, the commissioner shall certify
the facts and names to the circuit court of the county having jurisdictiorn of the party and
such court shall thereupon issue summons to such party to appear before the commissioner,
at a place designated within the jurisdiction of such court, on a day fixed, to be continued as
the occasion may require for good cause shown and give such evidence and lay open for
inspection such books and papers as may be required for thet purpose of ascertaining the
amount of fee and returns due, if any.

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