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Introduced Version Senate Bill 374 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2018 regular session

Introduced

Senate Bill 374

By Senators Trump and Weld
[
Introduced January 25, 2018; Referred
to the Committee on the Economic Development; and then to the Committee on the Judiciary
]

A BILL to amend and reenact §60-7-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §60-7-8a; and to amend and reenact §61-8-27 of said code, all relating to creating a private fair and festival license; definitions; license requirements; license fee; and permitting minors to attend the private fair or festival under certain conditions.

Be it enacted by the Legislature of West Virginia:

CHAPTER §60-7-2. STATE CONTROL OF ALCOHOLIC LIQUORS.



Unless the context in which used clearly requires a different meaning, as used in this article:

(a) “Applicant” means a private club applying for a license under the provisions of this article.

(b) “Code” means the official code of West Virginia, 1931, as amended.

(c) “Commissioner” means the West Virginia Alcohol Beverage Control Commissioner.

(d) “Licensee” means the holder of a license to operate a private club granted under this article, which license shall remain unexpired, unsuspended and unrevoked.

(e) “Private club” means any corporation or unincorporated association which either: (1)

Belongs to or is affiliated with a nationally recognized fraternal or veterans’ organization which is operated exclusively for the benefit of its members, which pays no part of its income to its shareholders or individual members, which owns or leases a building or other premises to which club are admitted only duly elected or approved dues-paying members in good standing of the corporation or association and their quests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment for serving food to members and their quests; or (2) is a nonprofit social club, which is operated exclusively for the benefit of its members, which pays no part of its income to its shareholders or individual members, which owns or leases a building or other premises to which club are admitted only duly elected or approved dues-paying members in good standing of the corporation or association and their quests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment for serving food to members and their quests; or (3) is organized and operated for legitimate purposes which has at least 100 duly elected or approved dues-paying members in good standing, which owns or leases a building or other premises, including any vessel licensed or approved by any federal agency to carry or accommodate passengers on navigable waters of this state, to which club are admitted only duly elected or approved dues-paying members in good standing of the corporation or association and their guests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment and employs a sufficient number of persons for serving meals to members and their guests; or (4) is organized for legitimate purposes and owns or leases a building or other delimited premises in any state, county or municipal park or at any airport, in which building or premises a club has been established, to which club are admitted only duly elected and approved dues-paying members in good standing and their quests while in the company of a member and to which club the general public is not admitted, and which maintains in connection with the club a suitable kitchen and dining facility and related equipment and employs a sufficient number of persons for serving meals in the club to the members and their quests.

(f) “Private fair and festival” means an applicant for private club or a licensed private club meeting the requirements of §60-7-8a of this code for a temporary event, and the criteria set forth in this subsection which:

(1) Has at least 100 members;

(2) Has been sponsored, endorsed or approved, in writing, by the governing body (or its duly elected or appointed officers) of either the municipality or of the county wherein the festival, fair, or other event is to be conducted;

(3) Shall prepare, provide, or engage a food caterer to provide adequate freshly prepared food or meals to serve its stated members and guests who will be attending the temporary festival, fair or other event, and further shall provide any documentation or agreements of such to the Commissioner prior to approval;

(4) Shall not use third party entities or individuals to purchase, sell, furnish, or serve alcoholic liquors (liquor and wine), nonintoxicating beer, or nonintoxicating craft beer;

(5) Shall provide adequate restroom facilities, whether permanent or portable, to serve the stated members and guests who will be attending the festival, fair, or other event;

(6) Shall provide a floorplan for the proposed premises with a defined and bounded area to safely account for the ingress and egress of stated members and guests who will be attending the festival, fair, or other event; and

(7) Utilizes an age verification system approved by the commissioner.

(f) (g) “Private resort hotel” means an applicant for a private club or licensed private club licensee meeting the criteria set forth in this subsection which:

(1) Has at least 5,000 members;

(2) Offers short-term, daily-rate accommodations or lodging for members and their guests amounting to at least 50 separate bedrooms;

(3) Operates a restaurant and full kitchen with ovens, six-burner ranges, walk-in freezers, and other kitchen utensils and apparatus as determined by the commissioner on the licensed premises and serves freshly prepared food at least 25 hours per week;

(4) Maintains, at any one time, $5,000 of fresh food inventory capable of being prepared in the private resort hotel’s full kitchen, and in calculating the food inventory the commissioner may not include microwavable, frozen, or canned foods;

(5) Owns or leases, controls, operates, and uses acreage amounting to at least 10 contiguous acres of bounded or fenced real property which would be listed on the licensees’ floorplan and would be used for destination, resort and large contracted for group-type events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

(6) Lists the entire property from subdivision (5) of this subsection and all adjoining buildings and structures on the private resort hotel’s floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private resort hotel’s licensed premises and as noted on the private resort hotel’s floorplan;

(7) Has an identified person or persons or entity that has right, title and ownership or lease interest in the real property buildings and structures located on the proposed licensed premises; and

(8) Utilizes an age verification system approved by the commissioner.

(g) (h) “Private golf club” means an applicant for a private club or licensed private club licensee meeting the criteria set forth in this subsection which:

(1) Has at least 1,000 members;

(2) Maintains at least one 18-hole golf course with separate and distinct golf playing holes, not reusing 9 golf playing holes to comprise the 18 golf playing holes, a clubhouse, and offers golf carts, whether electric or gasoline;

(3) Operates a restaurant and full kitchen with ovens, as determined by the commissioner, on the licensed premises and serves freshly prepared food at least 15 hours per week;

(4) Owns or leases, controls, operates, and uses acreage amounting to at least 80 contiguous acres of bounded or fenced real property which would be listed on the private golf club’s floorplan and could be used for golfing events and large contracted for group-type events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

(5) Lists the entire property from subdivision (4) of this subsection and all adjoining buildings and structures on the private golf club’s floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted, in a building or structure or outdoors while on the private golf club’s licensed premises and as noted on the private golf club’s floorplan;

(6) Has an identified person or persons or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises; and

(7) Utilizes an age verification system approved by the commissioner.

The Department of Natural Resources, the authority governing any county or municipal park, or any county commission, municipality, other governmental entity, public corporation, or public authority operating any park or airport may lease as lessor a building or portion thereof or other limited premises in any such park or airport to any corporation or unincorporated association for the establishment of a private club pursuant to this article.

§60-7-8a.  Special license for a private fair and festival; licensee fee and application; license fee; license subject to provisions of article; exception.


The commissioner may issue a special one-day license to be designated a Class S2 license for the retail sale of alcoholic liquors (liquor and wine), nonintoxicating beer, and nonintoxicating craft beer, for on-premises consumption at a festival, fair, or other event, provided that, the festival, fair, or other event is sponsored, endorsed, or approved by the governing body (or its duly elected or appointed officers) of either the municipality or of the county wherein the festival, fair, or other event is to be conducted. Such special license shall be temporary and issued for a term no longer than 10 consecutive days and the fee therefor shall be $750. This fee shall be per each 10-day event application and shall not be prorated or refunded.  No more than 10 licenses shall be issued to any single licensee during any calendar year. The license application shall contain such information as the commissioner may reasonably require and shall be submitted to the commissioner at least 15 days prior to the event. Nonintoxicating beer or nonintoxicating craft beer sold, furnished, or served for this temporary special license shall be purchased from a licensed distributor or resident brewer, acting in a limited capacity as a distributor, in accordance with §11-16-1 et seq. of this code that services the territory where the festival, fair, or other event is occurring. Wine sold, furnished, or served for the temporary special license shall be purchased from a licensed distributor, winery, or farm winery in accordance with §60-8-1 et seq. of this code. Liquor sold, furnished, or served for the temporary special license shall be purchased from a licensed retail liquor outlet, in accordance with §60-3A-1 et seq. of this code, located in the market zone or contiguous market zone where the festival, fair, or other event is occurring, as determined by the commissioner. Licensed beer distributors representatives, brewer representatives, resident brewer representatives, wine distributor representatives, winery and farm winery representatives, and liquor representatives may attend the festival, fair, or other event and discuss their respective products but shall not engage in the purchasing, selling, furnishing, or serving of the nonintoxicating beer, nonintoxicating craft beer, wine, or liquor. A licensee licensed by this section may utilize bona fide employees or volunteers. Note, third party entities or individuals who are not listed on the Class S2 license shall not perform any duties or functions of the licensee.

A license issued under the provisions of this section and the licensee holding the license are subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order allow certain waivers or exceptions with respect to those provisions, rules or orders as the circumstances of each event requires, including, without limitation, the right to revoke or suspend immediately any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of §60-7-13a of this code: Provided, however, That under no circumstances may the provisions of §60-7-12 of this code be waived or an exception granted with respect thereto.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-27. Unlawful admission of children to dance house, etc.; penalty.

Any proprietor or any person in charge of a dance house, concert saloon, theater, museum, or similar place of amusement, or other place, where wines or spirituous or malt liquors are sold or given away, or any place of entertainment injurious to health or morals who admits or permits to remain therein any minor under the age of 18 years, unless accompanied by his or her parent or guardian, is guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine not exceeding $200:  Provided, That there is exemption from this prohibition for: (a) a private resort hotel and private golf club licensed pursuant to §60-7-1 et seq. of this code and in compliance with subdivision (8), subsection (f), section two of said article §60-7-2(g)(8) and §60-7-2(h)(7) of this code; or (b) a private club with more than 1,000 members that is in good standing with the Alcohol Beverage Control Commissioner, that has been approved by the Alcohol Beverage Control Commissioner and which has designated certain seating areas on its licensed premises as nonalcoholic liquor and nonintoxicating beer areas, as noted in the licensee’s floorplan; or (c) a private fair and festival that is in compliance with §60-7-2(f)(7) by utilizing a mandatory carding or identification program whereby all members or guests being served or sold alcoholic liquors or nonintoxicating beer are asked and must provide their proper identification to verify their identity and further that they are of legal drinking age, 21 years of age or older, prior to each sale or service of alcoholic liquors, nonintoxicating beer, or nonintoxicating craft beer.

 

NOTE: The purpose of this bill is to create a new a private fair and festival license to permit various festivals, fairs, weddings, and other events to obtain a license to purchase, sell, and serve liquor, wine, and beer at the temporary event. The bill also provides for mandatory carding of members and guest prior to purchasing liquor, wine, or beer at these events due to the temporary nature of the events.

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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