Senate Bill No. 621
(By Senators Barnes and Deem)
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[Introduced February 8, 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 §29-22-11 of the Code of West Virginia,
1931, as amended, relating to the prohibition of the sale of
lottery tickets from six a.m. to one p.m. on Sundays.
Be it enacted by the Legislature of West Virginia:
That §29-22-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-11. Prohibited acts; restrictions on sales agents and
retailers; unauthorized sales; sales to minors;
gifts to minors; prizes to commission officers and
staff prohibited; criminal penalties for prohibited
acts.
(a) No person may sell lottery tickets or materials unless
authorized by the commission to so act. No person may perform the
functions of a licensed lottery sales agent unless licensed by the commission. No person may perform the functions of a lottery
retailer unless authorized therefor by the commission. No person
may sell a lottery ticket or material at a price greater than that
established by the commission; except, that nothing in this section
may be construed to prevent any person from giving a lottery ticket
or material to another as a gift or bonus. No person other than a
licensed lottery sales agent or an employee thereof, while acting
within the scope of such employment, shall sell lottery tickets,
and then only on the premises stated on the license. No person may
sell lottery tickets between six a.m. and one p.m. on Sundays.
(b) No ticket shall be sold to any person under the age of
eighteen years. This section does not prohibit the purchase of a
ticket by a person eighteen years of age or older for the purpose
of making the ticket a gift to a person less than that age.
(c) No ticket may be purchased by and no prizes received by or
awarded to any officers or employees of the commission or any
member of their immediate household.
(d) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than five hundred
dollars, or imprisoned in the county jail not more than one year,
or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit the sale of lottery tickets on Sundays from six a.m. till one p.m.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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