(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
Article 23. Horse and Dog Racing
§19-23-6. Powers and Authority of Racing Commission
§19-23-7a. Applicants for Licenses and Permits to Provide Fingerprints
§19-23-8c. Local Option Election Procedure; Form of Ballot or Ballot Labels; Effect of Such Election
§19-23-10. Daily License Tax; Pari-Mutuel Pools Tax; How Taxes Paid; Alternate Tax; Credits
§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
§19-23-12e. Licensing of Advance Deposit Account Wagering
§19-23-13a. West Virginia Bonus Race Fund
§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
§19-23-18. Horse and Dog Racetrack Construction Permits; Application Therefor
§19-23-20. Petition for Local Option Election
§19-23-21. Local Option Election Procedure; Form of Ballots or Ballot Labels
§19-23-23. Further Elections Restricted
§19-23-25. Application to Enjoin Violations
§19-23-26. Offenses and Penalties
§19-23-28. Effect of Article on Existing Rules and Regulations, Licenses and Permits