Distances Between Establishments Holding Limited Video Lottery Licenses.
(a) Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Church” means building or buildings and real property:
A. Set apart for the purpose of worship;
B. In which religious services are held;
C. With which clergy is associated;
D. Which is kept for that use and not put to any other use inconsistent with its primary purpose; and
E. Which is tax exempt under the laws of this State.
(2) “School” means the buildings, and all the real property to which it is attached, comprising a public or private elementary, day care center, pre- school, vocational, or secondary school or a private or a public college, junior college, or university.
(3) “Limited video lottery establishment” means a person and/or business which holds a valid license pursuant to West Virginia Code §29-22B-101 et seq.
(b) Prohibition.
(1) It shall be prohibited in all zoning districts to open or operate any limited video lottery establishment within 1,000 feet of any church, school, residence, or other such establishment already possessing a West Virginia Alcohol Beverage Control Administration on-premise license and/or providing video lottery or having a license to do so.
(2) The measurement of distances for the purposes of this section shall be from whichever exterior corner of the lot on which a limited video lottery establishment is located which is closest to an existing school, church, residence, or other video lottery establishment measured to the nearest corner of any schoolyard, school parking lot, or lot on which a school building is located; or to any lot on which any church building or church parking lot is located; or to any lot on which any video lottery establishment or video lottery establishment parking lot is located; or to any lot which any residence is located.
(3) Any limited video lottery establishment that is not prohibited by this section, must still comply with all existing zoning regulations or requirements. (Passed 9-10-12.)