# W. Va. Code § 8-12-5C: Authority to enact ordinance restricting the location of businesses offering exotic entertainment

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5C

## Section

- **Citation:** W. Va. Code § 8-12-5C
- **Heading:** Authority to enact ordinance restricting the location of businesses offering exotic entertainment
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 8 / Article 12 / Section 5C

## Text

(a) For the purposes of this section, the term "exotic entertainment" has the same meaning ascribed to it in section three-jj, article one, chapter seven of this code.

(b) In the event a municipality has not created or designated a planning commission in accordance with the provisions of article twenty-four of this chapter, every municipality and the governing body of the municipality may, in addition to all other powers of municipalities, adopt an ordinance that limits the areas of the municipality in which businesses may offer exotic entertainment. Any such ordinance shall be subject to the provisions of section fifty, article twenty-four of this chapter: Provided, That in the event of the partial or total loss of any existing business structure due to fire, flood, accident or any other unforeseen act, that business structure may be repaired or replaced and the business use of that structure may continue notwithstanding the existence of any ordinance authorized by this section. Any such repair or replacement will be limited to restoring or replacing the damaged or lost structure with one reasonably similar, or smaller, in size as measured in square footage, and any enlargement of the business structure will subject the structure to any existing ordinance authorized by this section.

(c) Any person adversely affected by an ordinance enacted pursuant to the authority granted in subsection (b) of this section is entitled to seek direct judicial review with regard to whether the ordinance impermissibly burdens his or her right to establish a business offering exotic entertainment.

## Nearby sections

- [W. Va. Code § 8-12-1 §8-12-1. General corporate powers of all municipalities.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S1.md)
- [W. Va. Code § 8-12-2 §8-12-2. Home rule powers for all cities.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S2.md)
- [W. Va. Code § 8-12-3 §8-12-3. Creation by charter provision of certain independent city boards.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S3.md)
- [W. Va. Code § 8-12-3A §8-12-3a. Cities authorized to create department of development and transfer planning functions of certain independent agencies to such department; authorizing related ordinances and resolutions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S3A.md)
- [W. Va. Code § 8-12-4 §8-12-4. Power to provide by charter for initiative, referendum and recall.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S4.md)
- [W. Va. Code § 8-12-5 §8-12-5. General powers of every municipality and the governing body thereof.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5.md)
- [W. Va. Code § 8-12-5A §8-12-5a. Limitations upon municipalities’ power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale, and storage of certain weapons and ammunition.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5A.md)
- [W. Va. Code § 8-12-5B §8-12-5b. Municipal authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matters and establishing penalties for violations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5B.md)
- [W. Va. Code § 8-12-5C §8-12-5c. Authority to enact ordinance restricting the location of businesses offering exotic entertainment.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5C.md)
- [W. Va. Code § 8-12-5D §8-12-5d. Regulation of amateur radio antennas.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5D.md)
- [W. Va. Code § 8-12-5E §8-12-5e. Authority to enter into energy-savings contracts.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5E.md)
- [W. Va. Code § 8-12-5F §8-12-5f. Regulation of taxicabs and taxi stands.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5F.md)
- [W. Va. Code § 8-12-5G §8-12-5g. Authorizing municipalities to hold motor vehicle racing events on public roads, municipal streets or runways.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5G.md)
- [W. Va. Code § 8-12-6 §8-12-6. Membership in association or league.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S6.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C8_A12_S5C. Check the current official text before relying on it. Not legal advice.