Senate Bill No. 131
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Introduced January 20, 1995; referred 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
legislative rules relating to nonintoxicating beer.
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 rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-two,
relating to the alcohol beverage control commission (transportation of alcoholic beverages), are authorized.
(b) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the alcohol beverage control commissioner (lighting of
licensed premises), are authorized.
(c) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the alcohol beverage control commissioner (kitchen and
dining facilities), are authorized.
(d) The legislative rules filed in the state register on the
twenty-fourth day of August, one thousand nine hundred eighty-two,
relating to the alcohol beverage control commissioner (refusal to
license private clubs), are authorized with the exception of
subsection (a) of the rules which shall be promulgated as set forth
below in this section as follows:
"(a) For purposes of this regulation, the commissioner may
refuse to grant any license if he has reasonable cause to believe,
as indicated by documented evidence, that the applicant, or any
officer, director or manager thereof, or shareholder owning twenty
percent or more of its capital stock, beneficial or otherwise, or
other person conducting or managing the affairs of the applicant or
of the proposed licensed premises, in whole or part:
(1) Is not a person of good moral character or repute;
(2) Has maintained a noisy, loud, disorderly or unsanitary establishment;
(3) Has demonstrated, either by his police record or by his
record as former licensee under chapter sixty or chapter eleven,
article sixteen of the West Virginia code, a lack of respect for
law and order, generally, or for the laws and rules governing the
sale and distribution of alcoholic beverages or nonintoxicating
beer;
(4) Has the general reputation of drinking alcoholic beverages
to excess, or is addicted to the use of narcotics; or
(5) Has misrepresented a material fact in applying to the
commissioner for a license.
(b) For purposes of this regulation, the commissioner shall
refuse to grant any license if he has reasonable cause to believe,
as indicated by documented evidence that the applicant, or any
officer, director or manager thereof, or shareholder owning twenty
percent or more of its capital stock, beneficial or otherwise, or
other person conducting or managing the affairs of the applicant or
of the proposed licensed premises, in whole or part:
(1) Is not eighteen years of age or older;
(2) Has been convicted of a felony or other crime involving
moral turpitude, and, upon such conviction, the applicant shall not
be eligible for licensure within five years next preceding
successful completion of all conditions of probation, discharge
from parole supervision or expiration of sentence;
(3) Has been convicted of violating the liquor laws of any
state or the United States, and, upon such conviction, the
applicant shall not be eligible for licensure within five years
next preceding successful completion of all conditions of
probation, discharge from parole supervision or expiration of
sentence;
(4) Has had any license revoked under the liquor laws of any
state or the United States within five years next preceding the
filing date of the application;
(5) Is not the legitimate owner of the business proposed to be
licensed, or other persons have ownership interests in the business
which have not been disclosed;
(6) Is a person to whom alcoholic beverages may not be sold
under the provisions of chapter sixty of the West Virginia code;
(7) Has been adjudicated an incompetent;
(8) Is an officer or employee of the alcohol beverage control
commissioner of West Virginia; or
(9) Is violating or allowing the violation of any provision of
chapter sixty, chapter sixty-one or chapter eleven, article sixteen
of the code in its establishment at the time its application for a
license is pending."
(e) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred ninety, 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 eighteenth day of October, one thousand nine
hundred ninety, relating to the alcohol beverage control
commissioner (retail licensee operations), are authorized with the
amendment set forth below:
On page twelve, section four, subsection 4.8.1, after the word
"stored" by changing the period to a colon and adding the
following: "Provided, That the commissioner may, for good cause
shown, permit a retail licensee holding three or more private club
licenses to receive and store alcoholic liquors at warehouses or
sites off premises."
(f) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred ninety, modified by
the alcohol beverage control commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twentieth day of November, one thousand nine
hundred ninety, relating to the alcohol beverage control
commissioner (licensing of retail liquor stores), are authorized.
(g) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred ninety, 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 eighteenth day of October, one thousand nine
hundred ninety, relating to the alcohol beverage control commissioner (private club licenses), are authorized.
(h) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred ninety, 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 eighteenth day of October, one thousand nine
hundred ninety, relating to the alcohol beverage control
commissioner (bailment policies and procedures), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, 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 eighteenth day of October, one thousand nine
hundred ninety, relating to the alcohol beverage control
commissioner (farm wineries), are authorized.
(j) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, 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-third day of October, one thousand
nine hundred ninety, relating to the alcohol beverage control
commissioner (retail sale of wine in grocery stores, wine specialty
shops and private wine restaurants), are authorized.
(k) The legislative rules filed in the state register on the ninth day of August, one thousand nine hundred ninety-one, relating
to the alcohol beverage control commission (retail sale of wine in
grocery stores, wine specialty shops and private wine restaurants),
are authorized.
(l) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
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 twelfth day of January, one
thousand nine hundred ninety-five, relating to the alcohol beverage
control commissioner (nonintoxicating beer), are authorized.
NOTE: The purpose of this bill is to authorize the Alcohol
Beverage Control Commissioner to promulgate legislative rules
relating to nonintoxicating beer.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.