H. B. 2899
(By Delegates Roberts, Overington,
Duke and Tabb, (By Request))
[Introduced March 7, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-2-16 of the Code of West Virginia,
1931, as amended, relating to allowing counties with
contiguous borders with other states where the closing time
for bars is earlier than the closing time set by the Alcohol
Beverage Control Commission to set a closing time at an hour
no later than that of the contiguous state.
Be it enacted by the Legislature of West Virginia:
That §60-2-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-16. Rules.
(a) The Commission shall have the power to prescribe rules
and
regulations to give effect to the powers vested in it by this
chapter. Rules
and regulations shall be recorded in a book
especially kept for that purpose, and in its discretion may be published for general circulation. All other records and entries
necessary to show the official conduct of the Commission shall be
preserved and shall be public records and open for inspection
during business hours.
(b) The county commission of any county, which has a
contiguous border with an adjoining state where the closing time
for businesses selling alcoholic beverages on premises is earlier
than that set by the Alcohol Beverage Control Administration may,
by ordinance, set the closing time of any business licensed by the
Alcohol Beverage Control Administration and engaged in the business
of selling alcoholic beverages for consumption on the premises, to
a time no later than the latest closing time of the bordering
state(s), such ordinance to supercede any authority to set the
closing time heretofore granted the Alcohol Beverage Control
Commissioner.
NOTE: The purpose of this bill is to allow counties with
contiguous borders with other states where the closing time for
bars is earlier than the closing time set by the Alcohol Beverage
Control Commission to set a closing time at an hour no later than
that of the contiguous state.
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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