Published: August 26, 2008 10:48 pm         

Ordinance on video lottery tabled by commission

A proposed video lottery ordinance was tabled by the Raleigh County Commission Tuesday after questions arose concerning the transfer of video lottery licenses when ownership of an establishment changes, as well as concerns regarding exemptions for fraternal organizations and those establishments that already have a liquor license but have not applied for a video lottery license.

“It’s probably best to table this ordinance until the county’s attorney can research state law regarding the time period allowed to transfer ownership of the video lottery licenses and also possible exemptions for other organizations,” said Clayton Terry, assistant county administrator.

Terry said the county planning commission held a public hearing Aug. 21 and the ordinance was overwhelmingly supported by those in attendance.

“This new video lottery ordinance restricts a gambling establishment from opening within 1,000 feet of an occupied private residence, church, school, day care, governmental building, public library, public park and another video lottery establishment,” Terry said.

While the county can’t forbid video poker establishments from opening, it is allowed under law to regulate where they are located.

Terry added that 1,000 feet was used because that distance was deemed reasonable by the county’s legal counsel.

Randy Keyser says the 1,000-foot rule would have an adverse effect on establishments that already have a liquor license but haven’t applied for the video lottery license.

“These establishments that already exist are really not the problem,” Keyser told commissioners. “I don’t think there have been any problems with ABC clubs having those machines. There is a difference between those and the video lottery parlors.”

Commission president Pat Reed said the goal of the proposed ordinance is to protect residential neighborhoods.

“When someone attempted to put in a video lottery establishment close to a Christian school and church in a residential neighborhood, that is when we felt 300 feet was not adequate to safeguard our neighborhoods,” she said.

Reed said the county needs to look at the state law regarding transfer of ownership issues and possible exemptions, but wouldn’t consider amending the 1,000-foot barrier.

Keyser urged the commission to consider exempting existing ABC clubs so they would have the opportunity to add video lottery machines at their establishments after the ordinance goes into effect.

“Those are the places the state intended to have them in the first place,” Keyser said. “I don’t think anyone is against these already existing places from having them.”

Reed said the type of establishments that can be exempt from the ordinance would be examined by the county’s legal counsel while the matter is tabled.

The commission also:

-- Approved a zoning change from unzoned to commercial zone requested by Beaver Coal Co. of 20 acres at the new Burning Rock ATV Off-Road Park in Tams. The company wants to establish a campground, RV park and cabin rentals.

-- Approved a development order for the Southern West Virginia Industrial Park off Airport Road in Beaver. The planned use development met all the county’s criteria for an industrial park. According to Byrd White, an official with the industrial park, a 142-acre site with 121 developable acres will be developed.

“We have sold 15 acres, so we have 100 acres of pretty nice property available,” White said.

White said West Virginia Paving is combining plants and has already committed to moving into the new park, while other companies have expressed an interest.

— E-mail: fpace@register-herald.com