Senate Bill No. 415

(By Senator Snyder and Anderson)

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[Introduced February 4, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend article four, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-three, relating to regulating, restricting and placing a moratorium on exotic entertainment premises; requiring regulation and licenses by the alcohol beverage control commissioner; providing definitions; prohibiting certain acts; prohibiting minors on premises; providing for application, renewal, license fee and restrictions on transfer; requiring commissioner to promulgate an emergency legislative rule to effectuate the same; and providing for unlawful acts and penalties to be imposed therefor.

Be it enacted by the Legislature of West Virginia:
That article four, 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 twenty-three, to read as follows:
ARTICLE 4. LICENSES.

§60-4-23. License to operate a premises where exotic entertainment is offered; definitions; restrictions, regulations and prohibitions; prohibitions against minors on premises; application, renewal, license fee, restriction on transfer; emergency regulations; unlawful acts and penalties imposed.

(a) For purposes of this section, "exotic entertainment" means nude dancing, nude service personnel, or nude entertainment, and "nude" means any state of undress in which male or female genitalia or female breasts are exposed.
(b) Whether or not alcoholic liquor, wine or nonalcoholic beer is legally kept, served, sold or dispensed, purchased for use, or permitted to be brought by others, on the premises, and whether or not such person holds any other license or permit issued pursuant to chapter sixty of this code, no person shall operate any commercial premises where exotic entertainment is permitted or offered, unless such person is granted a license by the commissioner to operate a premises where exotic entertainment may be offered.
(c) A licensee is subject to all the regulatory provisions of article seven of this chapter, whether or not the licensee is a private club. The commissioner shall have all the powers and authorization granted under article seven of this chapter to regulate, restrict, and sanction licensees under this section. A licensee may not purchase, keep, sell, serve, dispense, purchase for use, or permit others to bring, on the premises, alcoholic liquor, wine or nonintoxicating beer, or operate a private club, without also having the appropriate license therefore.
(d) No person under the age of eighteen years may be employed by a licensee as an exotic entertainer. No person, other than an employed exotic entertainer, under the age of twenty-one years may be permitted by the licensee to be on the premises on any day on which any exotic entertainment is offered. A licensee may not hold special nonalcoholic entertainment events for persons under age twenty-one pursuant to the provisions of section eight, article seven of this chapter, on the licensed premises.
(e) Any person operating a commercial premises where exotic entertainment is offered on any occasion from the first day of July, two thousand, through the last day of December, two thousand, may apply to the commissioner for a license to operate a premises where exotic entertainment may be offered. Applications may be received by the commissioner commencing on the first day of July, two thousand, and ending on the last day of February, two thousand one; thereafter no applications for licenses may be received. 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 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 licensee 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, for the same license fee.
(g) No license may be sold or transferred. No license may be transferred to another location, except for the same or an adjacent property. A transferee of the same business premises which is licensed under the provisions of this section may apply for reissuance of the transferor's license, if the applicant otherwise qualifies for a license.
(h) On or before the first day of July, 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 subsection.
(i) 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, or 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 such licensee's premises, 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.


NOTE: The purpose of this bill is to restrict and place a moratorium on exotic entertainment clubs and require licensees to be regulated by the alcohol beverage control commissioner.

This section is new, therefore strike-throughs and underscoring have been omitted.