WEST virginia Legislature
2019 regular session
House Bill 2061
By Delegates Fleischauer and Pyles
[Introduced January 9, 2019; 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 public area on or adjacent to any private club or from taking other appropriate police action or investigation to enforce the underage drinking laws of this state.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-10. Duties and powers of commissioner.
The commissioner is
hereby authorized: (a) (1) To enforce the provisions of this
article. (b) (2) 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) (3) 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
§29A-3-1 et seq. of
this code in like manner as if said that article three, of
said chapter twenty-nine-a were set forth in extenso in this subdivision. (d) (4) To issue subpoenas and subpoenas
duces tecum for the purposes of conducting hearings under the provisions of §60-7-13 of this code, which
subpoenas and subpoenas duces tecum shall be issued in the time, for the fees,
and shall be enforced in the manner specified in §29A-5-1
of this code with like effect as if said that section one
were set forth in extenso in this subdivision. (e) (5) The authority granted in subdivisions
(a), (b), and (d) of this section §60-7-10(1),
§60-7-10(2), and §60-7-10(4) of this code may also be
exercised by the duly authorized agents of the commissioner.
(6) 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 public area on or adjacent to any private club or from undertaking other appropriate action or investigation to enforce the underage drinking laws set forth in §60-7-12a of this code.
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.