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Introduced Version Senate Bill 74 History

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sb74 intr
Senate Bill No. 74

(By Senator Deem)

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[Introduced February 9, 2005; 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.
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