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Introduced Version Senate Bill 40 History

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


Senate Bill No. 40

(By Senator Boley)

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[Introduced January 9, 2002; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-ii; and to amend and reenact section two, article three-a, chapter sixty of said code, all relating to granting counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-ii; and that section two, article three-a, chapter sixty of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3ii. County commission authority to engage in retail liquor sales.

In addition to all other powers which county commissions now possess by law, county commissions may, upon meeting the requirements of the alcohol beverage control commission, own and operate a retail establishment for the sale of intoxicating liquors, wines and beer for consumption off the premises: Provided, That no such county-run establishment may exist within a thirty-mile radius of any privately owned retailer of intoxicating liquor operating in this state.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-2. Legislative findings and declarations; legislative purpose.

(a) The Legislature hereby finds and declares that the sale of liquor at retail should no longer be by the state, but rather by retail licensees; that there is a need for the state to control the wholesale sales of liquor; that the health and welfare of the citizens of this state will be adequately protected by the licensing and control of such retail licensees; that the sale of liquor through retail licensees will satisfy reasonable consumer concerns of availability and price; and that the operation and efficiency of state government will be improved by removing the state from the retail sale of liquor and permitting sales of liquor by retail licensees under licenses issued by the state together with strict enforcement of laws and rules relating to the sale of liquor: Provided, That nothing contained in this article may be construed to prevent a county commission from electing to exercise the option provided for in section three-hh, article one, chapter seven of this code.
(b) It is the purpose of the Legislature in providing for the retail sale of liquor to:
(1) Continue revenue to the state from the wholesale sale of liquor, by requiring all retail licensees to purchase all liquor (other than wine) from the commissioner and by further requiring all private clubs licensed under the provisions of article seven of this chapter to purchase all liquor (other than wine) from retail licensees;
(2) Provide a system of controls, through limitations on the numbers of retail outlets and application of the police power of the state, to discourage the intemperate use of liquor;
(3) Preserve and continue the tax base of counties and municipalities derived from the retail sale of liquor; and
(4) Obtain for the state financial gain from the issuance of retail licenses.
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(NOTE: The purpose of this bill is to grant counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)

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FINANCE COMMITTEE AMENDMENTS

On page two, section three-ii, lines eight and nine, by striking out the words "own and operate" and inserting in lieu thereof the words "lease or assign";
On page two, section three-ii, line eleven, by striking out the words "no such county-run establishment" and inserting in lieu thereof the words "a county commission";
On page two, section three-ii, line eleven, by striking out the word "exist" and inserting in lieu thereof the words "not lease or assign a retail establishment";
On page two, section three-ii, line thirteen, by striking out the words "this state" and inserting in lieu thereof the words "that county";
And,
On page three, section two, line ten, by striking out the word "three-hh" and inserting in lieu thereof the word "three-ii".
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