WEST virginia Legislature
2017 regular session
By
[
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:
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 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 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.