CHARLESTON, W.Va. - Hundreds of West Virginia bars and clubs could have to undergo renovations to make themselves wheelchair-accessible - or lose their limited video lottery licenses - under a pending state Lottery Commission rule.

For more than a decade, state Lottery regulations have required retailers that sell traditional scratch-off tickets and tickets for lottery drawings to comply with the Americans with Disabilities Act, attorney John Melton said Wednesday.

On Wednesday, the Lottery Commission voted to open a 30-day public comment period to amend the regulation to apply to all locations in the state offering Lottery products or games - including more than 1,600 bars and clubs around the state that offer limited video lottery.

Melton said the original rule stemmed from a court case in the early 1990s, which determined that convenience stores and other retailers that sell Lottery tickets must be ADA compliant, under Title II of the act, which mandates that government services must be accessible to persons with disabilities.

In that suit, the court determined that the Lottery is a government service, Melton noted.

At the time the rule was written, there was no reference to video lottery machines. Legislation authorizing limited video lottery did not pass until 2001.

"We think all licensed Lottery locations, not just traditional Lottery locations, are covered by this particular rule," Melton said of the proposed revision.

Under the current regulation, if the Lottery receives a complaint that a location is not ADA accessible, the Lottery gives the retailer 30 days' notice to take corrective action.

If corrections aren't made within the 30 days, the retailer's Lottery license is suspended, Melton said.

He said did not know how many limited video lottery locations would need to add curb cuts, ramps or other modifications to comply with the new regulation.

Attempts to reach officials with the West Virginia Amusement and Limited Video Lottery Association, the main organization representing limited video retailers and machine distributors, were not successful Wednesday.

CHARLESTON, W.Va. - Hundreds of West Virginia bars and clubs could have to undergo renovations to make themselves wheelchair-accessible - or lose their limited video lottery licenses - under a pending state Lottery Commission rule.

For more than a decade, state Lottery regulations have required retailers that sell traditional scratch-off tickets and tickets for lottery drawings to comply with the Americans with Disabilities Act, attorney John Melton said Wednesday.

On Wednesday, the Lottery Commission voted to open a 30-day public comment period to amend the regulation to apply to all locations in the state offering Lottery products or games - including more than 1,600 bars and clubs around the state that offer limited video lottery.

Melton said the original rule stemmed from a court case in the early 1990s, which determined that convenience stores and other retailers that sell Lottery tickets must be ADA compliant, under Title II of the act, which mandates that government services must be accessible to persons with disabilities.

In that suit, the court determined that the Lottery is a government service, Melton noted.

At the time the rule was written, there was no reference to video lottery machines. Legislation authorizing limited video lottery did not pass until 2001.

"We think all licensed Lottery locations, not just traditional Lottery locations, are covered by this particular rule," Melton said of the proposed revision.

Under the current regulation, if the Lottery receives a complaint that a location is not ADA accessible, the Lottery gives the retailer 30 days' notice to take corrective action.

If corrections aren't made within the 30 days, the retailer's Lottery license is suspended, Melton said.

He said did not know how many limited video lottery locations would need to add curb cuts, ramps or other modifications to comply with the new regulation.

Attempts to reach officials with the West Virginia Amusement and Limited Video Lottery Association, the main organization representing limited video retailers and machine distributors, were not successful Wednesday.

However, former association executive director Patricia Pope said she believes the regulation will require a number of locations to make extensive renovations.

In addition to providing accessibility into the bar or club, she said a number of the establishments have their video lottery machines located in separate gaming rooms that may be too small for wheelchair accessibility.

In some locations, the machines are located on separate floors accessible only by stairs.

She also questioned whether people in wheelchairs would be able to reach the touch-screens on certain types of video lottery machines.

Also during Wednesday's Lottery Commission meeting:

"Of the three tracks, it was by far the smoothest opening we've had," he told the commission.

He said Tri-State is operating 37 poker tables, and said plans are to launch 30 additional tables for blackjack, roulette, craps and other table games by Sept. 29.

Lottery marketing director Nikki Orcutt said the relatively slight downturn for the state Lottery was encouraging, given that the gaming industry nationally has suffered this year, as high gas prices and the economic downturn have left most households with less disposable income than in 2007.

Reach Phil Kabler at ph...@wvgazette.com or call 348-1220.