West Virginia Code
Article 23. Horse and Dog Racing
§19-23-22. Issuance or Nonissuance of Construction Permit; Duration of Construction Permit; Transfer and Assignment of Construction Permit

(a) The Racing Commission shall, after the certification of the results of such local option election, issue such construction permit if a majority of the legal votes cast at such election were in favor of the issuance of a construction permit. If a majority of the legal votes cast at such election were opposed to the issuance of a construction permit, the commission shall not issue a construction permit.
(b) A construction permit issued as aforesaid shall remain valid only for a three-month period, except that if the Racing Commission is satisfied that the construction permit holder has in good faith started and is continuing construction of the proposed horse or dog racetrack, the Racing Commission may extend the construction permit for additional successive three-month periods, but in no event shall the aggregate time of such construction permit exceed a period of twenty-four months from the date of the issuance of the construction permit.
(c) No construction permit which may be or has been issued under provisions of this article or the former provisions of this article shall be transferred or assigned in any manner whatever without the written consent of the Racing Commission.

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