Senate Bill No. 113
(By Senators Deem, Barnes, White and Hunter)
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[Introduced January 9, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §29-22B-1902 of the Code of West
Virginia, 1931, as amended, relating to allowing a county
commission to provide, by ordinance, for regulation and
restriction of the location of any premises in which a limited
video lottery retailer holds a license.
Be it enacted by the Legislature of West Virginia:
That §29-22B-1902 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-1902. Preemption of state laws or local regulation.
(a) No state or local law or regulation providing any penalty,
disability, restriction, regulation or prohibition for the
manufacture, transportation, storage, distribution, advertising,
possession or sale of any lottery video lottery terminal, games or
materials or for the operation of any lottery shall apply to operations by the Lottery Commission or persons licensed pursuant
to this article or operations or activities that are authorized in
this article.
(b) The provisions of this article preempt all regulations,
rules, ordinances and laws of any county or municipality in
conflict herewith:
Provided, That nothing herein shall invalidate
any zoning law, or Sunday closing law under article 61-10-1, et
seq. of this code:
Provided, however, That a county commission may
provide by ordinance for regulation and restriction of the location
of any premises in which a limited video lottery retailer holds a
license.
(c) Nothing in this article shall be deemed to permit the
operation of any lottery otherwise prohibited by the laws of this
state, not owned and operated by this state and permitted by this
article.
NOTE: The purpose of this bill is to allow a county commission
to provide by ordinance for regulation and restriction of the
location of any premises in which a limited video lottery retailer
holds a license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.