W. Va. Code R. § 179-3-3 - Accessibility of the Public to the Licensed Premises

3.1. Standard - The general standard for determing accessibility of lottery games to the disabled customer is the ability of that customer to buy a lottery ticket and\or to play a lottery game.

3.2. Prohibition of discrimination.

3.2.1. No lottery retailer or lottery sales agent shall discriminate against any individual on the basis of a disability in the full and equal enjoyment of lottery related goods, services, facilities, privileges, advantages, or accommodations or any lottery licensed facility.

3.2.2.. Integrated accessibility. A lottery licensed facility shall afford lottery related goods, services, facilities, privileges, advantages, and accommodations to any individual with a disability in the most integrated setting appropriate to the needs of the individual.

3.3. Readily Achievable Barrier Removal.

3.3.1. General. An applicant/lottery retailer shall remove architectural and communication barriers in a lottery licensed facility, where such removal is readily achievable.

3.3.2. Examples. Examples of readily achievable steps to remove barriers include, but are not limited to the following actions:

3.3.2.1. Installing ramps.

3.3.2.2. Making curb cuts in sidewalks and entrances.

3.3.2.3. Creating designated accessible parking spaces.

3.3.2.4. Widening doors.

3.3.2.5. Rearranging tables, chairs, vending machines, display racks, and other furniture.

3.3.2.6. Installing offset hinges to widen doorways.

3.3.2.7. Installing accessible door hardware.

3.3.2.8. Modifying certain exclusionary policies such as:

3.3.2.8.1. Allowing service animals to enter the facility.

3.3.2.8.2. Communicating with hearing-impaired Lottery players to the best of the ability of the Lottery retailer or the retailer's employees.

3.4. Alternatives to barrier removal. Where an applicant, a lottery retailer or a licensed lottery sales agent can assert that barrier removal in its lottery licensed facility is not readily achievable in conjunction with federal guidelines, the applicant, lottery retailer or licensed lottery sales agent shall make lottery tickets and related services available through alternative methods, if those methods are readily achievable. Examples of alternatives to barrier removal include the following actions:

3.4.1. Providing curb services.

3.4.2. Relocating activities to accessible licensed locations.

Notes

W. Va. Code R. § 179-3-3