H. B. 2306


(By Delegates Facemyer, Evans and Mezzatesta)
[Introduced February 1, 1995; referred to the
Committee on Political Subdivisions.]




A BILL to amend article three-a, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-a; and to amend and reenact section eighteen, article four of said chapter, all relating to the authorization of municipal corporations to impose a fee upon retail licensees.

Be it enacted by the Legislature of West Virginia:
That article three-a, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve-a; and that section eighteen, article four of said chapter be amended and reenacted, all to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-12a. Municipal fee.
Any municipality in this state is hereby authorized to levy a fee for revenue purposes only upon any licensees whose premises are situate within the municipality, which fee shall not exceed the amount of the license fee levied by this state under the provisions of section twelve, article three-a, chapter sixty of this code. Any municipality is hereby authorized and empowered to enact and adopt ordinances necessary for the collection and enforcement of the fee.
ARTICLE 4. LICENSES.
§60-4-18. Taxation, etc., of licensees by municipal
corporat ions.

A municipal corporation shall not impose a fee or a special tax as a condition upon the exercise of a license issued under the provisions of this chapter article.

NOTE: The purpose of this bill is to authorize the imposition of a municipal license for the retail sale of alcoholic liquors sold by retail licensees pursuant to the provisions of article three-a, chapter sixty of said code; and to correct the statutory problem noted by the West Virginia Supreme Court of Appeals in Rite Aid of West Virginia, Inc. v. City of Charleston, City of St. Albans, and the West Virginia Municipal League, Inc., W.Va. , 434 S.E.2d 379 (1993).