Published: September 03, 2008 07:29 am      

Video lottery ordinance passed by Raleigh County Commission

Just one week after tabling a proposed video lottery ordinance, the Raleigh County Commission voted unanimously to pass it Tuesday after some amendments and exclusions were added.

“This ordinance will take effect immediately,” said Pat Reed, president of the commission.

The ordinance was tabled last week 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 establishments that already have a liquor license.

Commission attorney Bill Roop, recommended modifying the ordinance to change the definition of “abandonment” to 120 days.

“What that means is that a business that would close down would have 120 days to reopen to retain the status of a video lottery parlor and comply with our ordinance,” Roop said. “It was 60 days and now it will be 120 days.”

Roop also recommended exemptions for fraternal organizations and those establishments that already have a liquor license but have not applied for a video lottery license.

“Organization such as the Eagles, the Moose, the Elks and those types of establishments,” Roop said. “One of the reasons the video lottery even came about was to assist some of these organizations.”

Roop said taverns and bars that currently serve alcoholic beverages will also be exempt.

“These establishments have already been there,” he said. “They have already been a part of the community and accepted by the community and should be allowed to obtain a video lottery license in the future and still be in compliance with the ordinance.”

Randy Keyser raised concern at the last commission meeting that the proposed ordinance’s 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.”

Commissioner John Aliff asked if the changes to the ordinance would have any effect on a proposed video lottery parlor in the community of Prosperity.

“We want to protect our neighborhoods from these establishments popping up near neighborhoods, churches and schools,” he said.

Roop told Aliff that the proposed establishment at Prosperity was denied a liquor license by the state Alcohol Beverage Control Commission (ABCC), which is a requirement to obtain a video lottery ordinance.

“The goal of the proposed ordinance is to protect residential neighborhoods,” Reed added.

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

“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.

The 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.

In other Raleigh County Commission news:

-- Proclaimed the fourth Monday in September “Family Day.” The commission voted unanimously to approve the proclamation, which supports families spending time together and eating dinner together. County officials pointed to numerous studies indicating that children who eat dinner with their family are less likely to smoke, drink alcohol underage and get involved with illegal drug use.

-- Appointed Dr. Angel Rosas to the Beckley-Raleigh County Board of Health to replace Dr. Patsy Haslam, who recently passed away. Haslam was a recently retired dean of health sciences at Mountain State University. Rosas works for Professional Medical Ultrasonics in Beckley.

-- The next regular meeting of the Raleigh County Commission is scheduled for 10 a.m., Tuesday, Sept. 23.