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Committee Substitute House Bill 2129 History

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WEST virginia legislature

2017 regular session

Committee Substitute

for

House Bill 2129

By Delegates Fleischauer, Sobonya, Statler, Overington, Frich and Pyles

[Introduced February 8,2017; Referred
to the Committee on the Judiciary.
]

A BILL to amend and reenact §60-7-10 of the Code of West Virginia, 1931, as amended, relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs; clarifying that the grant of authority to the Alcohol Beverage Control Commissioner and his or her agents to enter and inspect the premises of a private club does not limit or restrict the authority of local law enforcement to enter any area open to the general public in or adjacent to a facility with a private club license, or from undertaking other appropriate action or investigation to enforce the underage drinking laws set forth in section twelve-a of this article.

Be it enacted by the Legislature of West Virginia:


That §60-7-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7.  LICENSES TO PRIVATE CLUBS.

§60-7-10.  Duties and powers of commissioner.


The commissioner is hereby authorized:

(a) To enforce the provisions of this article.

(b) To enter the premises of any licensee at reasonable times for the purpose of inspecting the same, and determining the compliance of said licensee with the provisions of this article and any rules and regulations promulgated by the commissioner pursuant to the provisions of this article.

(c) To promulgate such reasonable rules and regulations as may be considered necessary for the execution and enforcement of the provisions of this article, which may include, but shall are not be limited to, the hours during which licensees may sell alcoholic liquors, and the use, handling, service and sale of such alcoholic liquors.  Such The rules and regulations shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of the code in like manner as if said article three, of said chapter twenty-nine-a were set forth in extenso in this subdivision.

(d) To issue subpoenas and subpoenas duces tecum for the purposes of conducting hearings under the provisions of section thirteen of this article, which subpoenas and subpoenas duces tecum shall be issued in the time, for the fees, and shall be enforced in the manner specified in section one, article five, chapter twenty-nine-a of this code with like effect as if said section one were set forth in extenso in this subdivision.

(e) The authority granted in subdivisions (a), (b), and (d) of this section may also be exercised by the duly authorized agents of the commissioner.

(f) The grant of authority to the commissioner and his or her agents under this section does not limit or restrict the authority of state or local law-enforcement officers to enter any area open to the general public in or adjacent to a facility with a private club license, or from undertaking other appropriate action or investigation to enforce the underage drinking laws set forth in section twelve-a of this article.

 

NOTE: The purpose of this bill is to state the legal right and authority of state or local law enforcement to enter public areas on or adjacent to any private club, or take other appropriate police action to enforce the underage drinking laws of this state.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

 

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