Senate Bill No. 420
(By Senator Weeks)
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[Introduced January 30, 2006; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §60-4-23 of the Code of West Virginia,
1931, as amended, relating to restricting billboard
advertising of exotic entertainment establishments.
Be it enacted by the Legislature of West Virginia:
That §60-4-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. LICENSES.
§60-4-23. License to operate a facility where exotic entertainment
is offered; definitions; restrictions, regulations
and prohibitions; prohibitions against minors;
application, renewal, license fee, restrictions on
transfer; effective date; legislative rules; unlawful
acts and penalties imposed.
(a) For purposes of this section:
(1) "Exotic entertainment" means live nude dancing, nude
service personnel or live nude entertainment, and "nude" means any
state of undress in which male or female genitalia or female breasts are exposed.
(2) "Places set apart for traditional family-oriented
naturism" means family nudist parks, clubs and resorts chartered by
the American association for nude recreation or the naturist
society, including all of their appurtenant business components,
and also including places temporarily in use for traditional
family-oriented naturist activities.
(b) No person may operate any commercial facility where exotic
entertainment is permitted or offered unless such person is granted
a license by the commissioner to operate a facility where exotic
entertainment may be offered. The provisions of this subsection
apply whether or not alcoholic liquor, wine or nonalcoholic beer is
legally kept, served, sold or dispensed in a facility, or purchased
for use in a facility, or permitted to be brought by others into a
facility and whether or not such person holds any other license or
permit issued pursuant to chapter sixty of this code.
(c) A licensee is subject to all the regulatory provisions of
article seven of this chapter, whether or not the licensee is
otherwise a private club. The commissioner shall have all the
powers and authorization granted under article seven of this
chapter to regulate, restrict and sanction a licensee under this
section. No licensee may purchase, keep, sell, serve, dispense or
purchase for use in a licensed facility, or permit others to bring
into the facility, any alcoholic liquor, wine or nonintoxicating
beer without having the appropriate license therefor. No licensee
may operate a private club without being licensed therefor.
(d) No person or licensee may allow a person under the age of
eighteen years to perform as an exotic entertainer. No person
under the age of twenty-one years, other than a performing exotic
entertainer, may be allowed to be in a commercial facility on any
day on which any exotic entertainment is offered therein. No
licensee may hold special nonalcoholic entertainment events for
persons under age twenty-one pursuant to the provisions of section
eight, article seven of this chapter in the licensed facility.
(e) Any person operating a commercial facility where exotic
entertainment is offered on the effective date of this section may
apply to the commissioner for a license to operate a facility where
exotic entertainment may be offered. Applications must be filed
with the commissioner on or before the first day of July, two
thousand; thereafter no application for license may be received by
the commissioner. The commissioner may issue a license to a person
complying with the provisions of this chapter. Upon application
for renewal, the commissioner shall annually, on the first day of
July of each succeeding year, renew the license of any licensee
then in compliance with the provisions of this chapter. The
commissioner shall specify the form of application and information
required of applicants and licensees. No license which has lapsed,
been revoked or expired without renewal may be reissued.
(f) A person to whom a license is issued or renewed under the
provisions of this section shall pay annually to the commissioner
a license fee of three thousand dollars. A municipal corporation
wherein any such licensee is located shall issue a municipal license to any person to whom the commissioner has issued a license
and may impose a license fee not in excess of the state license
fee.
(g) A person
shall may not sell, assign or otherwise transfer
a license without the prior written approval of the commissioner.
For purposes of this section, the merger of a licensee or the sale
of more than fifty percent of the outstanding stock of or
partnership interests in the licensee
shall be deemed is
considered to be a sale, assignment or transfer of a license under
this section. A license
shall may not be transferred to another
location, except within the county of original licensure. A
transferee of a licensed facility may apply for reissuance of the
transferor's license if the transferee applicant otherwise
qualifies for a license. The commissioner is authorized to propose
the promulgation of a legislative rule in accordance with the
provisions of chapter twenty-nine-a of this code, to implement the
provisions of this subsection.
(h) This section shall be effective upon passage by the
Legislature in the year two thousand. On or before the first day
of May, two thousand, the commissioner shall promulgate an
emergency legislative rule pursuant to the provisions of chapter
twenty-nine-a of this code to effectuate the provisions of this
section, and shall propose a legislative rule therefor, for
consideration by the Legislature, prior to the last day of
December, two thousand.
(i) No billboard or other exterior advertising sign, for an exotic entertainment business shall be located within one mile of
any state highway except if the business is located within one mile
of the state highway, then the business may display a maximum of
two exterior signs on the premises of the business, consisting of
one identification sign and one sign solely giving notice that the
premises are off limits to minors. The identification sign shall
be no more than forty square feet in size and shall include no more
than the following information: Name, address, telephone number and
operating hours.
(j) Signs existing at the time of the effective date of this
section, which did not conform to the requirements of this section,
may be allowed to continue as a nonconforming use, but should be
made to conform within three years from the effective date of this
amendment.
(i) (k) Any person who violates any provision of this section,
or principal of a firm or corporation which violates any provision
of this section, or licensee, agent, employee or member of any
licensee who violates any provision of this section, or who
violates any of the provisions of section twelve, article seven of
this chapter, on the premises of a licensed facility, is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than one thousand dollars nor more than three thousand dollars, or
imprisoned for a period not to exceed one year, or both
so fined
and imprisoned.
(j) (l) The provisions of this section do not apply to places
set apart for traditional family-oriented naturist activities.
(m) This section is designed to protect the following public
policy interests of this state, including, but not limited to: To
mitigate the adverse secondary effects of sexually oriented
businesses, to improve traffic safety, to limit harm to minors and
lethargy in neighborhood improvement efforts.
(n) The Attorney General shall represent the state in all
actions and proceedings arising from this section. Also, all costs
incurred by the Attorney General to defend or prosecute this
section, including payment of all court costs, civil judgment and,
if necessary, any attorneys fees, shall be paid from the General
Revenue Fund.
NOTE: The purpose of this bill is to restrict billboard
advertising of exotic entertainment establishments.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.