(A) The City Council finds:
(1) In enacting the state’s Lottery Racetrack Table Games Act, W. Va. Code Chapter 29, Article 22C, as amended, the State Legislature found that horse racing and dog racing play a critical role in the economy of this state and contribute vital revenues to the counties and municipalities in which these activities take place;
(2) In enacting the aforesaid state’s Lottery Racetrack Table Games Act, the State Legislature found that the operation of state lottery table games at licensed horse or dog racetracks would protect and preserve the horse and dog racing industries and protect and enhance the tourism industry in the state;
(3) Dog racing and state table games licensed by this state are critical to the economy of the city because those activities provide local jobs, generate critical revenue and enhance local tourism;
(4) All of the state licensed racetracks outside of Kanawha County that possess state lottery table games licenses permit smoking in certain designated gaming areas;
(5) Some destination resort casino patrons, including some patrons residing outside of the state, smoke and that at least some of those patrons will not patronize destination resort casinos that do not accommodate smoking;
(6) The United States Surgeon General and other credible public health authorities have determined that the inhalation of environmental tobacco smoke can cause or contribute to numerous health problems and diseases, including heart disease, cancer and respiratory illness in nonsmokers;
(7) In addressing the public health risk posed by environmental tobacco smoke, many health authorities, both within and outside of the state, have concluded that under appropriate circumstances limited smoking in public places can be accommodated;
(8) Local municipal governments are uniquely situated in evaluating the needs of their local citizens, businesses and communities;
(9) Article VI, Sec, 39a of the State Constitution vests the city with the power to pass all laws and ordinances relating to its municipal affairs; and
(10) The State Legislature has granted cities plenary power and authority to provide for the government, regulation and control of their municipal affairs.
(B) Therefore, the purpose of this subchapter is to exercise the police powers of the city with respect to the protection of public health, while balancing the need to protect and enhance the local economy.
(Ord. 09-09, passed 8-18-2009)