West Virginia Code
Article 23. Horse and Dog Racing
§19-23-12. License to Be in Lieu of All Other License, etc., Taxes; Exception

The license tax imposed in section ten of this article shall be in lieu of all other license, income, excise, special or franchise taxes of this state, and no county or municipality or other political subdivision of this state shall be empowered to levy or impose any license, income, pari- mutuel, excise, special or franchise tax on any racing association engaged in the business of conducting a horse or dog race meeting at which horse or dog races are run for purses under the jurisdiction of and being licensed by the Racing Commission, or on the operation or maintenance of the pari-mutuel system of wagering, or on the sale of any commodity during a horse or dog race meeting at which horse or dog races are run, or at any such horse or dog racetrack nor shall there be, hereafter, any imposition of tax pursuant to articles twelve, thirteen or fifteen of chapter eleven of this code on the income or receipts of owners, trainers or jockeys directly arising from their services which are essential to the effective conduct of a horse or dog racing meeting: Provided, That the foregoing provisions of this section shall in no way affect, abridge or abolish the authority of a municipality to impose the license tax authorized by the provisions of section eight, article thirteen, chapter eight of this code.

Structure West Virginia Code

West Virginia Code

Chapter 19. Agriculture

Article 23. Horse and Dog Racing

§19-23-1. License Required for Horse and Dog Racing and Pari-Mutuel Wagering in Connection Therewith; Exception

§19-23-2. Permits Required for Horse and Dog Racetrack Positions; Residency Requirements for Employees of Licensees

§19-23-3. Definitions

§19-23-4. West Virginia Racing Commission Continued as a Public Corporation; Composition; Terms; Vacancies; Qualifications, Expenses of Members; Principal Office; Meetings; Election of Officers; Quorum; Inspection of Records; Annual Report

§19-23-5. Executive Director and Other Personnel; Qualifications; Terms; Powers and Duties; Compensation and Expenses

§19-23-6. Powers and Authority of Racing Commission

§19-23-7. Application for License; Forms; Time for Filing; Disclosure Required; Verification; Bond; Application for Permit

§19-23-7a. Applicants for Licenses and Permits to Provide Fingerprints

§19-23-8. Consideration of Application for License or Permit; Issuance or Denial; Contents of License or Permit; Grounds for Denial of Application; Determination of Racing Dates; License or Permit Not Transferable or Assignable; Limitation on License...

§19-23-8a. Applications for Sunday Racing; Local Option Election Procedures; Protest Procedures Against Approval

§19-23-8b. Horse or Dog Racing After Six O'clock Postmeridian on Sundays; Application Therefor; Tentative Approval; Publication of Notice; Petition for Local Option Election; Local Option Election Procedure; Effect of Such Election

§19-23-8c. Local Option Election Procedure; Form of Ballot or Ballot Labels; Effect of Such Election

§19-23-9. Pari-Mutuel System of Wagering Authorized; Licensee Authorized to Deduct Commissions From Pari-Mutuel Pools; Retention of Breakage; Auditing; Minors

§19-23-10. Daily License Tax; Pari-Mutuel Pools Tax; How Taxes Paid; Alternate Tax; Credits

§19-23-11. Revenues From Horse Racing and Dog Racing to Be Paid Into a Special Account to Fund Commission Expenses

§19-23-12. License to Be in Lieu of All Other License, etc., Taxes; Exception

§19-23-12a. Pari-Mutuel Wagering on Interstate and Intrastate Horse and Dog Racing

§19-23-12b. Televised Racing Days; Merging of Pari-Mutuel Wagering Pools

§19-23-12c. Interstate Simulcasts by Licensed Racetracks

§19-23-12d. Simulcast Races and Pari-Mutuel Wagering at Authorized Gaming Facility in Historic Resort Hotel

§19-23-12e. Licensing of Advance Deposit Account Wagering

§19-23-13. Disposition of Funds for Payment of Outstanding and Unredeemed Pari-Mutuel Tickets; Publication of Notice; Irredeemable Tickets; Payment of Past Obligations

§19-23-13a. West Virginia Bonus Race Fund

§19-23-13b. West Virginia Thoroughbred Development Fund; Distribution; Restricted Races; Nonrestricted Purse Supplements; Preference for West Virginia Accredited Thoroughbreds

§19-23-13c. Expenditure of Racetrack Video Lottery Distribution

§19-23-14. Disposition of Permit Fees, Registration Fees and Civil Penalties

§19-23-15. Investigation by Racing Commission; Suspension or Revocation of License or Permit

§19-23-16. Entry of Order Suspending or Revoking License or Permit; Service of Order; Contents; Hearing; Decision to Be in Writing

§19-23-17. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Racing Commission

§19-23-18. Horse and Dog Racetrack Construction Permits; Application Therefor

§19-23-19. Tentative Approval of Application for Construction Permit; Denial of Application; Publication of Notice

§19-23-20. Petition for Local Option Election

§19-23-21. Local Option Election Procedure; Form of Ballots or Ballot Labels

§19-23-22. Issuance or Nonissuance of Construction Permit; Duration of Construction Permit; Transfer and Assignment of Construction Permit

§19-23-23. Further Elections Restricted

§19-23-24. §§19-23-18 to 19-23-23 Inapplicable to Horse Racetracks Already Constructed and Established

§19-23-25. Application to Enjoin Violations

§19-23-26. Offenses and Penalties

§19-23-27. Repealer

§19-23-28. Effect of Article on Existing Rules and Regulations, Licenses and Permits

§19-23-29. Severability

§19-23-30. Continuation of the Racing Commission