Introduced Version
House Bill 2834 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2834
(By Delegate Storch (By Request))
[Introduced March 6, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §60-6-7 of the Code of West Virginia,
1931, as amended, relating to state control of alcoholic
liquors; miscellaneous provisions; and exempting valid
nonprofit organizations from licensing requirements of the
West Virginia Alcoholic Beverage Control Authority during
certain events.
Be it enacted by the Legislature of West Virginia:
That §60-6-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-7. Specific acts forbidden; indictment.
A person shall may not:
(1) Manufacture or sell in this state without a license any
alcoholic liquor except as permitted by this article: Provided, That this prohibition does not apply to a valid nonprofit
organization hosting a fundraising event in connection with a
reception, dinner or other function where food or a meal and
alcoholic beverages, including nonintoxicating beer, wine or liquor
are served, without charge to donors who are making a tax
deductible contribution, on premises not licensed by the West
Virginia Alcoholic Beverage Control Authority: Provided however,
That for purposes of such an event a valid nonprofit organization
is exempt from any licensing requirements of the West Virginia
Alcoholic Beverage Control Authority;
(2) Aid or abet in the manufacture or sale of alcoholic liquor
without a license except as permitted by this article;
(3) Sell without a license any alcoholic liquor other than
permitted by this article;
(4) Adulterate any alcoholic liquor by the addition of any
drug, methyl alcohol, crude, unrectified or impure form of ethyl
alcohol, or other foreign or deleterious substance or liquid;
(5) Refill, with alcoholic liquor, any bottle or other
container in which alcoholic liquor has been sold at retail in this
state;
(6) Advertise any alcoholic liquor in this state except in
accordance with the rules and regulations of the commissioner; or
(7) Distribute, deal in, process, or use crowns, stamps or
seals required under the authority of this chapter, except in accordance with the rules and regulations prescribed by the
commissioner.
A person who violates any provision of this section shall be
guilty of a misdemeanor and, upon conviction shall be fined not
less than $50 nor more than $500, or confined in jail not less than
thirty days nor more than one year or both such fine and
imprisonment, for the first offense. Upon conviction of a second
or subsequent offense, the court may in its discretion impose a
penalty of confinement in the penitentiary a correctional facility
for a period not to exceed three years.
An indictment for any first violation of subdivisions (1), (2)
and (3) of this section, or any of them, shall be sufficient if in
form or effect as follows:
State of West Virginia
County of ..........................., to wit:
The Grand Jurors of the State of West Virginia, in and for the
body of the County of .........., upon their oaths present that
..............., on the ....... day of ........, 1920...., in the
said County of .........., did unlawfully, without a state license
and without authorization under the Alcohol Beverage Control Act,
manufacture and sell, and aid and abet in the manufacture and sale
of a quantity of alcoholic liquor, against the peace and dignity of
the state.
Any indictment under this section shall otherwise be in conformity with section one, article nine, chapter sixty-two of the
code.
NOTE: The purpose of this bill is to exempt valid nonprofit
organizations from licensing requirements of the West Virginia
Alcoholic Beverage Control Authority during certain events.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.