West Virginia Code § 29-22-25

Preemption of state laws or local regulation
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(a) No state or local law or regulation providing any penalty, disability, restriction,
regulation or prohibition for the manufacture, transportation, storage, distribution,
advertising, possession or sale of any lottery tickets or materials or for the operation of any
lottery shall apply to authorized operations by or for the state lottery or commission.
(b) The provisions of this article preempt all regulations, rules, ordinances and laws of any
county or municipality in conflict herewith: Provided, That nothing herein shall invalidate
any zoning law, or Sunday closing law under article ten, chapter sixty-one of this code.
(c) Nothing in this article shall be deemed to permit the operation of any lottery otherwise
prohibited by the laws of this state, not owned and operated by this state and permitted by
this article.

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