H. B. 2855
(By Delegates Louisos and Butcher)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-16-5a; and by
adding thereto a new section, designated §60-7-3a, all
relating to permitting the holder of a license to sell
nonintoxicating beer or intoxicating liquors to determine the
use or nonuse of tobacco products on the licensees' premises.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
and reenacted by adding thereto two new sections, designated
§11-16-5a and §60-7-3a, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-5a. Tobacco use on licensee's premises.
Notwithstanding any provision in this code to the contrary,
the holder of a license to posses nonintoxicating beer for sale in
accordance with the provisions of this article has the sole
authority to determine the use or nonuse of tobacco products on the licensee's premises.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-3a. Tobacco use on licensee's premises.
Notwithstanding any provision in this code to the contrary,
the holder of a license to sell intoxicating liquors in accordance
with the provisions of this article has the sole authority to
determine the use or nonuse of tobacco products on the licensee's
premises.
NOTE: The purpose of this bill is to permit the holder of a
license to sell nonintoxicating beer or intoxicating liquors to
determine the use or nonuse of tobacco products on the licensees'
premises.
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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