For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Nitro, West Virginia.
COMPLETELY ENCLOSED. Enclosure of all space between the floor and ceiling on all sides by solid walls or windows with any ingress or egress occurring through self-closing doors which provide an air seal to the maximum extent possible.
DESIGNATED GAMING AREA. One or more specific floor areas of a licensed racetrack within which the state’s Lottery Commission has authorized operation of racetrack video lottery terminals or table games, or the operation of both racetrack video lottery terminals and state lottery table games.
DESTINATION RESORT CASINO. A business that offers lodging, possesses a licensed racetrack, offers state lottery table games, and that actively markets its gaming amenities to potential patrons both inside and outside of the state, all as defined in W. Va. Code 29-22A-3, as amended.
ENVIRONMENTAL TOBACCO SMOKE or SECONDHAND SMOKE. Tobacco smoke that could be voluntarily or involuntarily inhaled by persons who did not generate the smoke.
LICENSE or LICENSED. Any license issued by the West Virginia Lottery Commission or by the West Virginia Racing Commission, including a license to act as an agent of the State Lottery Commission in operating state lottery table games at a licensed racetrack.
RACETRACK. A thoroughbred horse racing facility or greyhound dog racing facility licensed under W. Va. Code Chapter 19, Article 23, as amended.
SEPARATELY VENTILATED. Ventilation equipment sized and installed to produce sufficient negative air pressure to effectively move air from a designated smoking area to the outside.
SMOKING. The personal use of cigarettes, cigars and pipes for the general purpose for which those items are intended.
WEST VIRGINIA LOTTERY COMMISSION. The State of West Virginia agency created by W. Va. Code Chapter 29, Article 22A, as amended, which owns, licenses the right to provide and regulates state lottery table games and state racetrack video lottery games.
WEST VIRGINIA LOTTERY TABLE GAME or TABLE GAME. Any game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, poker, craps, roulette, wheel of fortune or any variation of these games similar to design or operation and expressly authorized by rule of the state’s Lottery Commission, including multi-player electronic table games, machines and devices, but excluding video lottery, punchboards, faro, numbers tickets, push cards, jar tickets, pull tabs or similar games.
WEST VIRGINIA RACETRACK VIDEO LOTTERY GAME or VIDEO LOTTERY GAME. A West Virginia Lottery Commission approved, owned and controlled electronically simulated game of chance which is displayed on a video lottery terminal as defined by W. Va. Code 29-22A-3(y), as amended.
(Ord. 09-09, passed 8-18-2009)