COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 64
(By Senator Bowman)
____________
[Originating in the Committee on the Judiciary;
reported March 21, 1997.]
____________
A BILL to amend and reenact section twelve, article seven,
chapter sixty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to prohibiting
certain private clubs licensed by the alcohol beverage
control commissioner from offering nude dancing as
entertainment; requiring commissioner to promulgate an
emergency legislative rule to effectuate the same; defining
the term "nude"; providing criminal penalties; and making
certain technical revisions.
Be it enacted by the Legislature of West Virginia:
That section twelve, article seven, 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 7. LICENSES TO PRIVATE CLUBS
§60-7-12. Certain acts of licensee prohibited; criminal
penalties.
(a) It is unlawful for any licensee, or agent, employee or
member thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;
(2) Authorize or permit any disturbance of the peace;
obscene, lewd, immoral or improper entertainment, conduct or
practice, gambling or any slot machine, multiple coin console
machine, multiple coin console slot machine or device in the
nature of a slot machine;
(3) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic
liquors for or to, or permit the consumption of nonintoxicating
beer, wine or alcoholic liquors on the licensee's premises, by
any person less than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic
liquors, for or to any person known to be deemed legally
incompetent, or for or to any person who is physically
incapacitated due to consumption of nonintoxicating beer, wine or
alcoholic liquor or the use of drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or
alcoholic liquors in or on any licensed premises or in any rooms
directly connected therewith, between the hours of three o'clock
a.m. and one o'clock p.m. on any Sunday;
(6) Permit the consumption by, or serve to, on the licensed premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty- one years of age;
(7) With the intent to defraud, alter, change or
misrepresent the quality, quantity or brand name of any alcoholic
liquor;
(8) Sell or offer for sale any alcoholic liquor to any
person who is not a duly elected or approved dues paying member
in good standing of said private club or a guest of such member;
(9) Sell, offer for sale, give away, facilitate the use of
or allow the use of carbon dioxide, cyclopropane, ethylene,
helium or nitrous oxide for purposes of human consumption except
as authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years
of age in a position where the primary responsibility for such
employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen
and twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for such employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news
media or other means, outside of the licensee's premises, the fact that alcoholic liquors may be purchased thereat.
(c) On or before the first day of July, one thousand nine
hundred ninety-seven, the commissioner shall promulgate an
emergency legislative rule pursuant to the provisions of chapter
twenty-nine-a of this code which prohibits licensees from
offering nude dancing as entertainment where:
(1) The licensee's premises are located in a municipality or
county which has, subsequent to the licensee's offering of nude
dancing as entertainment, adopted a zoning ordinance to prohibit
businesses from offering nude dancing as entertainment within the
area in which the licensee's premises are located; and
(2) The city council of the municipality in which the
licensee's premises are located or the county commission of the
county in which the licensee's premises are located if the
premises are located in an unincorporated area has, by a majority
of its members, voted that the licensee's premises, due to the
offering of nude dancing as entertainment, constitutes a
nuisance, as defined in section one, article nine, chapter sixty- one of this code.
As used in this subsection, the term "nude" shall mean a
state of undress in which male or female genitalia or female
breasts are exposed.
(c) (d) Any person who violates any of the foregoing
provisions is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned confined in the
county jail or regional jail facility for a period not to exceed
one year, or both fined and imprisoned and confined.