When a local option election in accordance with the provisions of this article or the former provisions of this article shall have been held in a county, another such election shall not be held in said county for a period of five years, and within that time the Racing Commission shall not accept or act upon any application for any other construction permit within said county, except that if an election be held seeking the approval of a permit for the construction of a horse racetrack another election may be held within such five-year period seeking the approval of a permit for the construction of a dog racetrack, and the reverse shall also be true. In the event a horse or dog racetrack shall be constructed in a county pursuant to a construction permit issued by the Racing Commission in accordance with the provisions of this article, no local option election shall thereafter be held as to any horse or dog racetrack constructed and established pursuant to such construction permit: Provided, That a local option election has been held for the type of racing to be conducted.
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