Senate Bill No. 302
(By Senators Ross, Anderson, Minard,
Snyder and Minear)
__________
[Introduced March 2, 2001; referred to the
Committee on Finance;
and then to
the Committee on the Judiciary.]
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A BILL to amend and reenact section one, article seven, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
alcohol beverage control commissioner to promulgate a
legislative rule relating to the licensing of retail liquor
stores.
Be it enacted by the Legislature of West Virginia:
That section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Alcohol beverage control commissioner.
(a) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine, under
the authority of section six, article three-a, chapter sixty of
this code, modified by the alcohol beverage control commissioner to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the ninth day of November, one
thousand nine hundred ninety-nine, relating to the alcohol beverage
control commissioner (retail licensee operations, 175 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine, under
the authority of section ten, article seven, chapter sixty of this
code, modified by the alcohol beverage control commissioner to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of December, one thousand nine hundred ninety-nine, relating to the alcohol
beverage control commissioner (private club licensing, 175 CSR 2),
is authorized, with the following amendments:
On page one, section 2.1, line one, following the word "beer",
and the comma, by inserting the words "including barley beer"
followed by a comma;
On page one, section 2.1, line one, following the word "wine",
by inserting a comma and the words "including barley wine" followed
by a comma;
Beginning on page five, section 3.2.1.c, line two, by striking
out the words "W.Va. Code §60-7-2(a), (1), (2)", and inserting in
lieu thereof the words "W.Va. Code §60-7-2(a)(1) and W.Va. Code
§60-7-2(a)(2)";
On page nine, section 3.4.2, beginning on line one, following
the words "specified in", by striking out the words "W.Va. Code
§60-8-6", and inserting in lieu thereof the words "W.Va. Code
§60-7-6(a)";
On page twelve, section 4.11.5, line two, following the words
"ten (10:00)", by striking out the words "p.m. cold", and inserting
in lieu thereof the words "p.m. Cold";
And,
On page thirteen, section 4.14.3, line one, following the word
"Commissioner" and the comma, by inserting the word "receive".
(c) The legislative rule filed in the state register on the
twenty-second day of February, two thousand, authorized under the
authority of section six, article three-a, chapter sixty, of this
code, modified by the alcohol beverage control commissioner to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-ninth day of January,
two thousand one, relating to the alcohol beverage control
commissioner (licensing of retail liquor stores, 175 CSR 5), is
authorized.
NOTE: The purpose of this bill is to authorize the Alcohol
Beverage Control Commissioner to promulgate a legislative rule
relating to the Licensing of Retail Liquor Stores.
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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