Senate Bill No. 34
(By Senator Deem)
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[Introduced January 13, 2010; 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 applies 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 preempts all regulations,
rules, ordinances and laws of any county or municipality in
conflict
herewith. Provided, That with this article. However,
nothing
herein shall invalidate in this article invalidates any
zoning law, or Sunday closing law under section one, article ten,
chapter sixty-one, et seq. of this code.
In addition, 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 permits
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.