COMMITTEE SUBSTITUTE
FOR
H.B. 3064
(By Delegates Overington, J. Miller, Doyle, Tabb, Wysong, Blair,
Duke, Rowan and DeLong)
(Originating in the Committee on the Judiciary)
[February 23, 2007]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-1-14, relating to
allowing counties with contiguous borders with other states to
alter closing times at businesses serving alcoholic liquor or
nonintoxicating beer; excepting certain racetracks from the
provisions of this section; authorizing local referendum;
establishing conditions and limitations for election; and
providing local referendum procedures.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-1-14, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-14.
Authority to establish a county referendum for closing
times for businesses selling alcoholic liquor or
nonintoxicating beer.
(a) The Legislature finds that closing times for businesses serving alcoholic liquor or nonintoxicating beer in counties
contiguous with other states are, in many cases, later than in
other surrounding states. As a result, there are people driving to
and from this state under the influence of alcohol because of the
longer operating hours of the in-state establishments. Because of
this concern, the Legislature authorizes county commissions in
counties contiguous with other states to hold an election to alter
the closing time of businesses serving alcoholic liquor or
nonintoxicating beer.
(b) Not withstanding the provisions of section sixteen,
article two, chapter sixty of this code, closing times for
businesses serving alcoholic liquor or nonintoxicating beer in a
county that is contiguous with another state will remain as the
scheduled closing times determined by the Alcohol Beverage Control
Commission, unless the county commission of the county causes an
election on the question to make the closing time no later than the
latest closing time of the bordering state, unless said bordering
state's time is later than this states closing time, and the voters
shall approve this change: Provided, That any new closing time
implemented in the county shall not apply to pari-mutuel racetracks
as established in article twenty-two-a, chapter twenty-nine of this
code, and the hours of serving alcoholic liquor or nonintoxicating
beer at those facilities shall continued to be established by the
Alcohol Beverage Control Commission. The county commission shall select a closing time for the county and indicate that time on the
ballot as provided in subsection (c) of this section. For the
purposes of this section, the terms "alcoholic liquor" and
"nonintoxicating beer" are as defined in section five, article one,
chapter sixty of this code. The election shall be determined by a
vote of the resident voters of the county in which the change of
closing time for businesses serving alcoholic liquor or
nonintoxicating beer is proposed. The county commission shall give
notice to the public of the election by publication of the notice
as a Class II-0 legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for the publication shall be the county in
which the election is to be held. The date of the last publication
of the notice shall fall on a date within the period of fourteen
consecutive days next preceding the election.
(c) On the local option election ballot shall be printed the
following:
Shall businesses serving alcoholic liquor or nonintoxicating beer
be closed at ________ time in ________ county?
[]Yes []No
(Place a cross mark in the square opposite your choice.)
(d) Any local option election to approve the proposed closing
time for businesses serving alcohol within a county shall be in
accordance with procedures adopted by the county commission. The local option election may be held in conjunction with a primary or
general election, or at a special election. Approval shall be by
majority of the voters casting votes on the question of approval or
disapproval of changing the closing time for businesses serving
alcohol.
(e) If a majority votes against the closing time of businesses
serving alcoholic liquor or nonintoxicating beer, no election on
the issue may be held for a period of one hundred four weeks. If a
majority votes "yes" no election reconsidering the action may be
held for a period of five years. A local option election may
thereafter be held if a written petition of qualified voters
residing within the county equal to at least five percent of the
number of voters residing within the county equal to at least five
percent of the number of persons who were registered to vote in the
next preceding general election is received by the county
commission in which the closing time for businesses serving alcohol
has changed. The petition may be in any number of counterparts. The
election shall take place at the next primary or general election
scheduled more than ninety days following receipt by the county
commission of the petition required by this subsection: Provided,
That the issue may not be placed on the ballot until all statutory
notice requirements have been met. No local law or regulation
providing any penalty, disability, restriction, regulation or
prohibition of closing times for businesses serving alcoholic liquor or nonintoxicating beer may be enacted, and the provisions
of this article preempt all regulations, rules, ordinances and laws
of any county or municipality in conflict with this subdivision.
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