City says video casino violates ordinance: Woman wanted to establish business in Kanawha City

A Clarksburg woman involved with opening a new video lotterycasino at the former Risk's 35th Street Farmers Market said she hadno idea Charleston officials had determined the establishment is aviolation of a city ordinance.

Nancy Stumpo of Clarksburg applied for a city business license forThe Hot Spot, which would be operated by the Fraternal Order of theOwls. Stumpo said she talked Monday to Lottery Commissioner JohnMusgrave and he never mentioned the venue would be denied itslicense.

"The commissioner didn't come out and say we would not be able toput an establishment in (Risk's) with video lottery machines," Stumposaid. But Musgrave, like Stumpo, was unaware of the city'sconclusion.

Charleston Mayor Danny Jones announced at Monday's City Councilmeeting that the city attorney determined the establishment is inviolation of a city ordinance. Councilman Mark Sadd did some researchand sent a letter to the city planning director stating that theordinance does apply to the proposed business.

The ordinance, passed Feb. 2, regulates a new business with videolottery machines from opening within 2,000 feet of an alreadyestablished video casino. The former Risk's building is that close toMurad's at 35th Street and the Park-Mart Sunoco, which both housevideo lottery machines.

Jones said the ordinance doesn't state that any establishment inthe process of applying for a lottery license is grandfathered in andbecause the proposed casino has yet to get its license it violatesthe ordinance.

When the lottery commission reviews The Hot Spot's application forits lottery license, Jones said the city would recommend the licensebe denied because of the violation.

"It's exciting to see the distance requirements put on theseestablishments actually work," said Councilwoman Mary Jean Davis, aco-sponsor of the ordinance.

Councilman John Miller from Kanawha City shared Davis' excitement.He, along with State Senate Minority Leader and Kanawha City residentVic Sprouse, organized a community meeting last week to rallyresidents against the establishment.

"It sounds like really good news from the city perspective,"Sprouse said.

Sprouse said he can't imagine the lottery commission granting thebusiness its license now.

Stumpo declined to answer most questions about the city'sopposition, but said: "Hopefully, we'll do what we can. Nothingofficial has really happened."

She said her partners planned to meet with Musgrave today todiscuss the license. She said they took into consideration the twonearby video lottery venues but chose the former Risk's marketbecause of its location and price.

Building owner Thomas King of Marmet declined comment.

Also at Monday's meeting, council:

* Authorized the mayor to invest $20,000 in the Florida StreetStreetscape project. The money for the West Side NeighborhoodAssociation Grant originally was approved to be used for housingprojects, but the funds cannot be used for private property projects.

* Agreed to reimburse the Charleston Housing Authority 50 percentof funds received from the Federal Emergency Agency for repair tostorm sewers damage by flooding.

Writer Mike Andrick can be reached at 348-1796 or by e-mail atmandrick@dailymail.com.