H. B. 2466
(By Delegates Doyle and Manuel)
[Introduced February 13, 1995; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section six, article three-a, chapter
sixty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to including
increasing competition as a rationale for increasing the
number of licensees.
Be it enacted by the Legislature of West Virginia:
That section six, article three-a, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-6. General powers and duties of board and commissioner.
(a) The board shall create, based on economic and
demographic factors, market zones within the state for the
issuance of Class A and Class B retail licenses, and, if deemed
necessary or desirable by the board, to create one or more
designated areas within such market zones for the issuance of
Class B retail licenses.
(b) The commissioner shall:
(1) Prescribe application forms for persons desiring to
acquire retail licenses and adopt an orderly procedure and
timetable for investigating, processing and approving
applications;
(2) Develop a form of retail license to be issued to each
retail licensee under the provisions of this article;
(3) Disseminate to the public information relating to the
issuance of retail licenses;
(4) Promulgate standards for advertising the sale,
availability, price and selection of liquor;
(5) Enforce the provisions of this article;
(6) Impose civil penalties upon retail licensees;
(7) Enter the retail outlet of any retail licensee at
reasonable times for the purpose of inspecting the same, and
determining the compliance of such retail licensee with the
provisions of this article and any rules promulgated by the board
or the commissioner pursuant to the provisions of this article;
and
(8) Issue subpoenas and subpoenas duces tecum for the
purpose of conducting hearings under the provisions of section
twenty-six or section twenty-eight 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 such section was set forth in extenso
herein.
(c) The board and the commissioner shall each:
(1) Engage accounting, legal and other necessary
professional consultants to assist them in carrying out their
respective duties under this article; and
(2) Adopt, amend, or repeal such procedural, interpretive
and legislative rules, consistent with the policy and objectives
of this article, as they may deem necessary or desirable for the
public interest in carrying out the provisions of this article.
Such rules shall be adopted, amended and repealed in accordance
with the provisions of chapter twenty-nine-a of this code; and
(3) Ensure sufficient competition among retailers by
increasing, if necessary, the number of licenses available in any
market.
NOTE: the purpose of this bill is to insure adequate
competition by permitting an increase in the number of licenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.