H. B. 3256
(By Delegates Overington, Duke, Michael, Rowan,
Evans and J. Miller)
[Introduced February 21, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-7-10 and §60-7-12 of the Code of West Virginia, 1931, as amended, relating to requiring the closing hours of private clubs to be two o’clock a.m.
Be it enacted by the Legislature of West Virginia:
That §60-7-10 and §60-7-12 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 purposes of inspecting the same the premises and determining the compliance of said whether the licensee has complied 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 propose for promulgation reasonable rules and regulations as may be necessary for the execution and enforcement of the provisions of this article, which may include, but shall 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 commissioner shall propose rules and regulations shall be promulgated for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of the this 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 subsections (a), (b) and (d) of this section may also be exercised by the duly authorized agents of the commissioner.
§60-7-12. Certain acts of licensee prohibited; criminal penalties.
(a) It is unlawful for any licensee, or agent, employee or member thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than from the original package or container;
(2) Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice, gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine, except as provided in article twenty-two-a, chapter twenty-nine of this code;
(3) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of nonintoxicating beer, wine or alcoholic liquors on the licensee's premises, by any person less than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of nonintoxicating beer, wine or alcoholic liquor or the use of drugs;
(5) (A) Sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of three two o'clock a.m. and one o'clock p.m. on any Sunday, or between the hours of two o’clock a.m. and seven o’clock a.m. on any weekday; and
(B) Any patron present on the licensed premises after the sale or dispensing of nonintoxicating beer, wine or alcoholic liquors has ceased, as provided in paragraph (A) of this subdivision, shall have a reasonable time, not to exceed sixty minutes, to vacate the premises;
(6) Permit the consumption by, or serve to, on the licensed premises any nonintoxicating beer, wine or alcoholic liquors, covered by this article, to any person who is less than twenty-one years of age;
(7) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;
(8) Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such a member;
(9) Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption except as authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years of age in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen and twenty-one who is not directly supervised by a person aged twenty-one or over in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news media or other means, outside of the licensee's premises, the fact that alcoholic liquors may be purchased thereat there.
(c) Any person who violates any of the foregoing provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or imprisoned confined in the county jail for a period not to exceed more than one year, or both fined and imprisoned confined.
NOTE: The purpose of this bill is to change the closing hours of private clubs to two o’clock a.m. The bill also updates outmoded language.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.