(a) Terms Not Defined. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply.
(b) Definitions.
(1) Abandonment or Abandoned- The use with respect to a premise, regardless of the intent of the user, has ceased or discontinued for a period of more than one-hundred twenty (120) consecutive days, or an explicit declaration by the user of a premise that it has ceased a use to the premises that is non-conforming to this article.
(2) Applicant - A person who has any legal or beneficial interest in a premises who submits an application to the Town of Eleanor in an attempt to obtain or re-obtain an approved use with respect to the premises.
(3) Application- The form or forms provided by the Town of Eleanor and completed by an Applicant, together with all required documents and items that this article requires, by which the Applicant seeks to obtain approval.
(4) Existing Use - The use or uses as a Video Lottery establishment to which a parcel or parcels of land (or part thereof) within the Municipal Limits, or part or all of any improvement thereon, that are lawfully pennitted as a Video Lottery establishment under local, State and Federal law and that exist before the Effective Date of this article.
(5) Fence - An enclosure, barrier or screen constructed of materials or consisting of plantings, natural objects or other appropriate means approved by the town and located, placed or maintained so as effectively to screen at all times the establishment from view of persons passing upon the public streets of the Town of Eleanor. Those sides and rear of a lot which abut a residential lot or district shall be provided with a fence or wall with a height of eight to twelve feet constructed and maintained so as to prevent the passage of persons and to screen the property from view.
(6) Occupied Private Residence - A private residence that is occupied for at least six months each year.
(7) Person - An individual, proprietorship, partnership, corporation, association or other legal entity.
(8) Premises - A tract or tracts of land, whether containing existing or proposed improvements, within the Eleanor Town Limits that are identified as a parcel or parcels on a tax district map or maps on file with the office of the Assessor of the County.
(9) Responsible Person - The individual person whom an Applicant has designated to attest to the truthfulness and accuracy of the contents of an Application.
(10) Transfer of ownership or control of a Video Lottery Establishment means and includes any of the following:
A. The sale, lease or sublease of the business.
B. The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(11) Video Lottery - An electronically simulated game of chance that is approved, owned, controlled and regulated by the State Lottery Commission under W.Va. Code § 29-22B-101 et seq., and which is further defined under W.Va. Code § 29-22B-332.
(12) Video Lottery Establishment- Includes any of the following:
A. The opening or commencement of any Video Lottery business as a new business;
B. The conversion of an existing business, whether or not a Video Lottery business, to any Video Lottery business;
C. The additions of any Video Lottery business to any other existing Video Lottery business; or
D. The relocation of any Video Lottery business.
(13) Video Lottery Permittee - Any licensed person, including an operator or a video lottery retailer, that has a permit to own, lease or operate for profit or otherwise Video Lottery Terminals issued under W.Va. Code § 29-22B-1101 through 29-22B-1113.
(14) Video Lottery Terminal - A State Lottery Commission-approved machine or device that is compatible with the State Lottery Commission's central computer system and that is used for the purpose of playing Video Lottery by no more than one player at a time.
(Ord. 10-01. Passed 6-17-10.)