WEST virginia legislature
2020 regular session
Introduced
Senate Bill 610
By Senators Weld, Palumbo, Trump, Woelfel
[Introduced January 24,
2020; referred
to the Committee on the Judiciary]
A BILL to repeal §29-22B-327 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-16-3 and §11-16-8 of said code; to amend and reenact §16A-6-3 of said code; to amend and reenact §29-22B-503, §29-22B-504, and §29-22B-512 of said code; to amend and reenact §60-1-5 of said code; to amend and reenact §60-3A-8 of said code; to amend and reenact §60-7-4 and §60-7-5 of said code; and to amend and reenact §60-8-16 and §60-8-17 of said code, all relating to removing resident manager requirements; adding a manager requirement for West Virginia Alcohol Beverage Control Administration applicants and licensees; removing residency requirements for granting permits under the Medical Cannabis Act; and removing residency and United States citizenship requirements for the West Virginia Lottery.
Be it enacted by the Legislature of West Virginia:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context clearly requires differently:
(1) “Brand” means a nonintoxicating beer product
manufactured, brewed, mixed, concocted, blended, bottled or otherwise produced,
imported, or transshipped by a brewer or manufacturer, the labels of which have
been registered and approved by the commissioner, that is being offered for
sale or sold in West Virginia by a distributor who has been appointed in a
valid franchise agreement or a valid amendment thereto.
(2) “Brewer” or “manufacturer” means any person
manufacturing, otherwise producing, importing, or transshipping nonintoxicating
beer or nonintoxicating craft beer for sale at wholesale to any licensed
distributor. Brewer or manufacturer may be used interchangeably throughout this
article. A brewer may obtain only one brewer’s license for its nonintoxicating
beer or nonintoxicating craft beer.
(3) “Brewpub” means a place of manufacture of
nonintoxicating beer or nonintoxicating craft beer owned by a resident brewer,
subject to federal and state regulations and guidelines, a portion of which
premises is designated for retail sales of nonintoxicating beer or
nonintoxicating craft beer by the resident brewer owning the brewpub.
(4) “Class A retail license” means a retail license
permitting the retail sale of liquor at a freestanding liquor retail outlet
licensed pursuant to chapter 60 of this code.
(5) “Class B retail license” means a retail license
permitting the retail sale of liquor at a mixed retail liquor outlet licensed
pursuant to chapter 60 of this code.
(6) “Commissioner” means the West Virginia Alcohol
Beverage Control Administration Commissioner.
(7) “Distributor” means and includes any person jobbing
or distributing nonintoxicating beer or nonintoxicating craft beer to retailers
at wholesale and whose warehouse and chief place of business shall be within
this state. For purposes of a distributor only, the term “person” means and
includes an individual, firm, trust, partnership, limited partnership, limited
liability company, association or corporation. Any trust licensed as a
distributor or any trust that is an owner of a distributor licensee, and the
trustee or other persons in active control of the activities of the trust
relating to the distributor license, is liable for acts of the trust or its
beneficiaries relating to the distributor license that are unlawful acts or
violations of §11-11-1 et seq. of this code notwithstanding the liability of
trustees in §44D-10-1 et seq. of this code.
(8) “Franchise agreement” means the written agreement
between a brewer and a distributor that is identical as to terms and conditions
between the brewer and all its distributors, which agreement has been approved
by the commissioner. The franchise agreement binds the parties so that a
distributor, appointed by a brewer, may distribute all of the brewer’s
nonintoxicating beer products, brands or family of brands imported and offered
for sale in West Virginia, including, but not limited to, existing brands, line
extensions, and new brands all in the brewer’s assigned territory for the
distributor. All brands and line extensions being imported or offered for sale
in West Virginia must be listed by the brewer in the franchise agreement or a
written amendment to the franchise agreement. A franchise agreement may be
amended by mutual written agreement of the parties as approved by the
commissioner with identical terms and conditions for a brewer and all of its
distributors. Any approved amendment to the franchise agreement becomes a part
of the franchise agreement. A brewer and a distributor may mutually agree in
writing to cancel a franchise agreement. A distributor terminated by a brewer
as provided in this article and the promulgated rules no longer has a valid
franchise agreement. If a brewer has reached an agreement to cancel a
distributor or has terminated a distributor, then a brewer may appoint a
successor distributor who accedes to all the rights of the cancelled or terminated
distributor.
(9) “Franchise distributor network” means the
distributors who have entered into a binding written franchise agreement,
identical as to terms and conditions, to distribute nonintoxicating beer
products, brands, and line extensions in an assigned territory for a brewer. A
brewer may only have one franchise distributor network: Provided, That a
brewer that has acquired the manufacturing, bottling, or other production
rights for the sale of nonintoxicating beer at wholesale from a selling brewer
as specified in §11-16-21(a)(2) of this code shall continue to maintain and be
bound by the selling brewer’s separate franchise distributor’s network for any
of its existing brands, line extensions, and new brands.
(10) “Freestanding liquor retail outlet” means a retail
outlet that sells only liquor, wine, beer, nonintoxicating beer, and other
alcohol-related products, as defined pursuant to §60-3A-4 of this code.
(11) “Growler” means a container or jug that is made of
glass, ceramic, metal, or other material approved by the commissioner, that may
be no larger than 128 fluid ounces in size and must be capable of being
securely sealed. The growler is utilized by an authorized licensee for purposes
of off-premise sales only of nonintoxicating beer or nonintoxicating craft beer
for personal consumption not on a licensed premise and not for resale.
Notwithstanding any other provision of this code to the contrary, a securely
sealed growler is not an open container under federal, state, and local law. A
growler with a broken seal is an open container under federal, state, and local
law unless it is located in an area of the motor vehicle physically separated
from the passenger compartment. The secure sealing of a growler requires the
use of a tamper-resistant seal, security tape, or other material, as approved
by the commissioner, placed on or over the growler’s opening, which seal,
security tape or other material is clearly marked with the date of the secure
sealing by the authorized licensee who is selling the growler.
(12) “Line extension” means any nonintoxicating beer
product that is an extension of brand or family of brands that is labeled,
branded, advertised, marketed, promoted, or offered for sale with the intent or
purpose of being manufactured, imported, associated, contracted, affiliated, or
otherwise related to a brewer’s existing brand through the use of a brewer, its
subsidiaries, parent entities, contracted entities, affiliated entities, or
other related entities. In determining whether a nonintoxicating beer product
is a line extension, the commissioner may consider, but is not limited to, the
following factors: Name or partial name; trade name or partial trade name;
logos; copyrights; trademarks or trade design; product codes; advertising promotion;
or pricing.
“Manager” means an individual who is the applicant’s or licensee’s on-premises employee, member, partner, shareholder, director, or officer who meets licensure requirements of §11-16-1 et seq. of this code and the legislative rules and who actively manages, conducts, and carries on the day-to-day operations of the applicant or licensee with full and apparent authority or actual authority to act on behalf of the applicant or licensee, including but not limited to: coordinating staffing; reviewing and approving payroll; ordering and paying for inventory, such as nonintoxicating beer, wine, and liquor, as applicable; and managing security staff, security systems, video and other security equipment; and any further acts or actions involved in managing the affairs of the business, on behalf of owners, partners, members, shareholders, officers, or directors.
(13) “Nonintoxicating beer” means all natural cereal malt
beverages or products of the brewing industry commonly referred to as beer,
lager beer, ale and all other mixtures and preparations produced by the brewing
industry, including malt coolers and nonintoxicating craft beers with no
caffeine infusion or any additives masking or altering the alcohol effect
containing at least one half of one percent alcohol by volume, but not more
than 11.9 percent of alcohol by weight, or 15 percent alcohol by volume, whichever
is greater. The word “liquor” as used in chapter 60 of this code does not
include or embrace nonintoxicating beer nor any of the beverages, products,
mixtures, or preparations included within this definition.
(14) “Nonintoxicating beer floor plan extension” means a
temporary one-day extension of an existing Class A licensee’s floor plan to a
contiguous, adjoining and bounded area, such as a parking lot or outdoor area,
which shall for the temporary period encompass the licensee’s licensed
premises; further such the
license shall be endorsed or approved by the county or municipality where the
license is located; such the
license shall be in good standing with the commissioner, and further such
temporary event shall cease on or before midnight of the approved temporary
one-day event.
(15) “Nonintoxicating beer sampling event” means an event
approved by the commissioner for a Class A retail licensee to hold a
nonintoxicating beer sampling authorized pursuant to §11-16-11a of this code.
(16) “Nonintoxicating beer sampling day” means any days
and hours of the week where Class A retail licensees may sell nonintoxicating
beer pursuant to §11-16-11a and §11-16-18(a)(1) of this code, and is approved,
in writing, by the commissioner to conduct a nonintoxicating beer sampling
event.
(17) “Nonintoxicating craft beer” means any beverage
obtained by the natural fermentation of barley, malt, hops, or any other
similar product or substitute and containing not less than one half of one
percent by volume and not more than 15 percent alcohol by volume or 11.9
percent alcohol by weight with no caffeine infusion or any additives masking or
altering the alcohol effect.
(18) “Original container” means the container used by a
resident brewer or brewer at the place of manufacturing, bottling, or otherwise
producing nonintoxicating beer or nonintoxicating craft beer for sale at
wholesale.
(19) “Person” means and includes an individual, firm,
partnership, limited partnership, limited liability company, association, or
corporation.
(20) “Private club” means a license issued pursuant to
§60-7-1 et seq. of this code.
(21) “Resident brewer” means any brewer or manufacturer of
nonintoxicating beer or nonintoxicating craft beer whose principal place of
business and manufacture is located in the State of West Virginia and which
does not brew or manufacture more than 25,000 barrels of nonintoxicating beer
or nonintoxicating craft beer annually, and does not self-distribute more than
10,000 barrels thereof in the State of West Virginia annually.
(22) “Retailer” means any person selling, serving, or
otherwise dispensing nonintoxicating beer and all products regulated by this
article, including, but not limited to, malt coolers at his or her established
and licensed place of business.
(23) “Tax Commissioner” means the Tax Commissioner of the
State of West Virginia or the commissioner’s designee.
§11-16-8. Form of application for license; fee and bond; refusal of license.
(a) A license may be issued by the commissioner to any person who submits an application, accompanied by a license fee and, where required, a bond, and states under oath:
(1) The name and residence
of the applicant, the duration of such residency, that the applicant has
been a resident of the state for a period of two years preceding the date of
the application and that the applicant is 21 years of age. If the applicant
is a firm, association, partnership, limited partnership, limited liability
company, or corporation, the application shall include the residence of the
members or officers for a period of two years preceding the date of such
application. If a person, firm, partnership, limited partnership, limited
liability company, association, corporation, or trust applies for a license as
a distributor, such the
person, or in the case of a firm, partnership, limited partnership, limited
liability company, association or trust, the members, officers, trustees or
other persons in active control of the activities of the limited liability
company, association or trust relating to the license, shall state under
oath that each has been a bona fide resident of the state for four years
preceding the date of such include the residency for these persons on
the application. All applicants
and licensees must list a manager on the applicant’s license application, or a
licensee’s renewal application, and further that the manager shall meet all
other requirements of licensure, including, but not limited to, United States
citizenship or naturalization, passing a background investigation, being at
least 21 years of age, being a suitable person, being of good morals and
character, and other requirements, all as set forth in this code and the
legislative rules, in order for the manager to be able to meet and conduct any
regulatory matters, including, but not limited to, licensure or enforcement
matters related to the applicant or licensee all in the interest of protecting
public health and safety and being a suitable applicant or licensee. In order
to maintain active licensure, any change by a licensee in any manager listed on
an application must be made immediately to the commissioner, in order to verify
that the new manager meets licensure requirements. If the applicant is a trust or has a trust as an
owner, the trustees or other persons in active control of the activities of the
trust relating to the license shall provide a certification of trust as
described in §44D-10-1013 of this code. This certification of trust shall
include the excerpts described in §44D-10-1013(e), of this code and shall
further state, under oath, the names, addresses, Social Security numbers and
birth dates of the beneficiaries of the trust and certify that the trustee and
beneficiaries are 21 years of age or older. If a beneficiary is not 21 years of
age, the certification of trust must state that such the beneficiary’s interest in the trust is represented by
a trustee, parent, or legal guardian who is 21 years of age and who will direct
all actions on behalf of such the
beneficiary related to the trust with respect to the distributor until the
beneficiary is 21 years of age. Any beneficiary who is not 21 years of age or
older shall have his or her trustee, parent, or legal guardian include in the
certification of trust and state under oath his or her name, address, Social
Security number and birth date;
(2) The place of birth of
applicant, that he or she is a citizen of the United States and of good moral
character and, if a naturalized citizen, when and where naturalized. If the
applicant is a corporation organized or authorized to do business under the
laws of the state, the application must state when and where incorporated, the
name and address of each officer, and that each officer is a citizen of the
United States and a person of good moral character. If the applicant is a firm,
association, limited liability company, partnership, limited partnership, trust,
or has a trust as an owner, the application shall provide the place of birth of
each member of the firm, association, limited liability company, partnership or
limited partnership and of the trustees, beneficiaries, or other persons in
active control of the activities of the trust relating to the license and that
each member or trustee, beneficiary or other persons in active control of the
activities of the trust relating to the license is a citizen of the United
States, and if a naturalized citizen, when and where naturalized, each of whom
must qualify and sign the application; The requirements as to residence do
not apply to the officers of a corporation applying for a retailer’s license
but the officers, agent, or employee who manages and is in charge of the
licensed premises shall possess all of the qualifications required of an
individual applicant for a retailer’s license including the requirement as to
residence
(3) The particular place for which the license is desired and a detailed description thereof;
(4) The name of the owner of the building and, if the owner is not the applicant, that the applicant is the actual and bona fide lessee of the premises;
(5) That the place or building in which is proposed to do business conforms to all applicable laws of health, fire, and zoning regulations and is a safe and proper place or building not within 300 feet of a school or church measured from front door to front door, along the street or streets. This requirement does not apply to a Class B license or to a place occupied by a beer licensee so long as it is continuously so occupied. The prohibition against locating a proposed business in a place or building within 300 feet of a school does not apply to a college or university that has notified the commissioner, in writing, that it has no objection to the location of a proposed business in a place or building within 300 feet of the college or university;
(6) That the applicant is not incarcerated and has not during the five years preceding the date of said application been convicted of a felony;
(7) That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed and that no other person is in any manner pecuniarily interested during the continuance of the license; and
(8) That the applicant has not during five years preceding the date of the application had a nonintoxicating beer license revoked.
(b) In the case of an applicant that is a trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the commissioner pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act codified in §29B-1-1 et seq. of this code.
(c) The provisions and
requirements of subsection (a) of this section are mandatory prerequisites for
the issuance and, if any applicant fails to qualify, the license shall be
refused. In addition to the information furnished in any application, the
commissioner may make such additional and independent investigation of each
applicant, manager, and of the place to be occupied as necessary or
advisable and, for this reason, all applications, with license fee and bond,
must be submitted with all true and correct information. For the purpose of
conducting such independent investigation, the commissioner may withhold the
granting or refusal to grant such the
license for a 30-day period or until the applicant has completed the conditions
set forth in this section. If it shall appear appears that such the applicant and manager meet the requirements in
the code and the rules, including, but not limited to, being a suitable person
of good reputation and morals; having made no false statements or material
misrepresentations; involving no hidden ownership; and having no persons with
an undisclosed pecuniary interest contained in such the application; and if there are no other omissions or
failures by the applicant to complete the application, as determined by the
commissioner, the commissioner shall issue a license authorizing the applicant
to sell nonintoxicating beer or nonintoxicating craft beer.
(d) The commissioner may refuse a license to any applicant under the provisions of this article if the commissioner is of the opinion:
(1) That the applicant or manager is not a suitable person to be licensed;
(2) That the place to be
occupied by the applicant is not a suitable place or is within 300 feet of any
school or church measured from front door to front door along the street or
streets. This requirement does not apply to a Class B licensee or to a place
now occupied by a beer licensee so long as it is continuously so occupied. The
prohibition against locating any such place within 300 feet of a school does
not apply to a college or university that has notified the commissioner, in
writing, that it has no objection to the location of any such place within 300
feet; or
(3) That the manager is an active employee of the West Virginia Alcohol Beverage Control Commission or the active employee of the West Virginia Alcohol Beverage Control Commission is involved in the applicant’s ownership, management, or employ; including an independent contractor, or otherwise involved in any possible hidden ownership; or
(3) (4) That the license should not be issued for
reason of conduct declared to be unlawful by this article.
Chapter 16A. Medical Cannabis Act.
article 6. medical cannabis organizations.
§16A-6-3. Granting of permit.
(a) The bureau may grant or deny a permit to a grower, processor, or dispensary. In making a decision under this subsection, the bureau shall determine that:
(1) The applicant will maintain effective control of and prevent diversion of medical cannabis.
(2) The applicant will comply with all applicable laws of this state.
(3) The applicant is a
resident of this state as defined in §29-22B-327 of this code or is organized
under the law of this state. If the applicant is a business entity, majority
ownership in the business entity must be held by a state resident or residents
(4) (3) The applicant is ready, willing, and able
to properly carry on the activity for which a permit is sought.
(5) (4) The applicant possesses the ability to
obtain in an expeditious manner sufficient land, buildings, and equipment to
properly grow, process, or dispense medical cannabis.
(6) (5) It is in the public interest to grant the
permit.
(7) (6) The applicant, including the financial
backer or principal, is of good moral character and has the financial fitness
necessary to operate.
(8) (7) The applicant is able to implement and
maintain security, tracking, recordkeeping, and surveillance systems relating
to the acquisition, possession, growth, manufacture, sale, delivery,
transportation, distribution, or the dispensing of medical cannabis as required
by the bureau.
(9) (8) The applicant satisfies any other
conditions as determined by the bureau.
(b) Nontransferability. — A permit issued under this chapter shall be nontransferable.
(c) Privilege. — The issuance or renewal of a permit shall be a revocable privilege.
(d) Dispensary location. — The bureau shall consider the following when issuing a dispensary permit:
(1) Geographic location;
(2) Regional population;
(3) The number of patients suffering from serious medical conditions;
(4) The types of serious medical conditions;
(5) Access to public transportation;
(6) Approval by local health departments;
(7) Whether the county has disallowed the location of a grower, processor, or dispensary; and
(8) Any other factor the bureau deems relevant.
(e) Application
procedure. — The bureau shall establish a procedure for the fair and
objective evaluation of all applications for all medical cannabis organization
permits. Such The evaluations shall score each applicant
numerically according to standards set forth in this chapter.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-327. Resident of this state defined.
[Repealed.]
§29-22B-503. Additional qualifications for an applicant for an operator’s license.
(a) No operator’s license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in §29-22B-502 of this code, the applicant satisfies all of the following qualifications:
(1)(A) If the applicant
is an individual, the applicant has been a citizen of the United States and a
resident of this state for the four year period immediately preceding the
application; or
(B) If the applicant is
a corporation, partnership or other business entity, the chief executive
officer and the majority of the officers, directors, members and partners (to
the extent each of these groups exists with respect to a particular business
organization), both in number and percentage of ownership interest, have been
citizens of the United States and residents of this state for the four year
period immediately preceding the application
(2)(1) The
applicant has demonstrated the training, education, business ability,
and experience necessary to establish, operate, and maintain the business for
which the license application is made;
(3)(2) The
applicant has secured any necessary financing for the business for which the
license application is made, and the financing: (A) Is from a source that meets
the qualifications of this section; and (B) is adequate to support the
successful performance of the duties and responsibilities of the licensee. A
licensee shall request commission approval of any change in financing or
leasing arrangements at least 30 days before the effective date of the change;
(4)(3)The
applicant has disclosed all financing or refinancing arrangements for the
purchase, lease, or other acquisition of video lottery terminals and
associated equipment in the degree of detail requested by the Lottery
Commission;
(5)(4)The
applicant has filed with the Lottery Commission a copy of any current or
proposed agreement between the applicant and any manufacturer for the sale,
lease, or other assignment to the operator of video lottery terminals,
the electronic computer components of the terminals, the random number
generators of the terminals, or the cabinets in which they are housed; and
(6)(5) The
applicant does not hold any other license under this article, §19-23-1 et
seq. of this code, §29-22-1 et
seq. of this code, §29-22A-1 et
seq. of this code, or §29-25-1 et
seq. of this code, except that an applicant may also be licensed as a
service technician. In addition, an applicant may
also be licensed as a limited video lottery retailer: Provided,
That a licensed operator that also is a licensed retailer may operate limited
video lottery terminals as a limited video lottery retailer at no more than 10
locations: Provided, however, That the director may authorize the
operator to operate limited video lottery terminals as a limited video lottery
retailer at more than 10 locations if the applicant provides sufficient
justification that such approval is necessary to sustain state revenues without
a detrimental impact on public interest, further shows that a qualified
retailer is unavailable and a good faith effort to identify a qualified
retailer was made prior to the request, and an explanation of other relevant
information supporting such the request.
(b)(1) A person or a member of his or her immediate family who has an ownership interest in a business entity that submits an application for an operator’s license may not: (A) Submit an application for another operator’s license as an individual; (B) serve as an officer, director, member, or partner of a business entity that submits an application for another operator’s license; or (C) have an ownership interest in any other business entity that submits an application for an operator’s license.
(2) Business entities that have common owners or common officers, directors, members, or partners may not hold more than one operator’s license.
§29-22B-504. Additional qualifications for an applicant for a limited video lottery retailer’s license.
No limited video lottery retailer’s license or license renewal may be granted unless the Lottery Commission has determined that, in addition to the general requirements set forth in §29-22B-502 of this code, the applicant satisfies all of the following qualifications:
(1)(A) If the applicant
is an individual, the applicant has been a citizen of the United States and a
resident of this state for the four year period immediately preceding the
application;
(B) If the applicant is
a corporation, partnership or other business entity, the chief executive
officer and the majority of the officers, directors, members and partners (to
the extent each of these groups exists with respect to a particular business
organization), both in number and percentage of ownership interest, have been
citizens of the United States and residents of this state for the four year
period immediately preceding the application;
(2)(1) The
applicant has disclosed to the Lottery Commission the identity of each person
who has control of the applicant, as control is described in §29-22B-507
of this code;
(3)(2) The
applicant holds either: (A) A valid license issued under §60-7-1 et
seq. of this code to operate a private club; (B) a valid Class A license
issued under §11-16-1
et seq. of this code to operate a
business where nonintoxicating beer is sold for consumption on the premises; or
(C) both licenses;
(4)(3) The
applicant has demonstrated the training, education, business ability,
and experience necessary to establish, operate and maintain the business for
which the license application is made;
(5)(4) The
applicant has secured any necessary financing for the business for which the
license application is made and the financing: (A) Is from a source that meets
the qualifications of this section; and (B) is adequate to support the
successful performance of the duties and responsibilities of the licensee;
(6)(5) The
applicant has disclosed all financing or refinancing arrangements for placement
on the applicant’s premises of video lottery terminals and associated equipment
in the degree of detail requested by the Lottery Commission;
(7)(6) The
applicant has filed with the Lottery Commission a copy of any current or
proposed agreement between the applicant and a licensed operator for the
placement on the applicant’s premises of video lottery terminals;
(8)(7) The
applicant has filed with the Lottery Commission a copy of any current or
proposed agreement between the applicant and a licensed operator or other
person for the servicing and maintenance of video lottery terminals by licensed
service technicians; and
(9)(8) The
applicant does not hold any other license under this article, §19-23-1 et
seq. of this code, or §29-22A-1 et seq. of this code, or
§29-25-1 et seq. of this code except that an applicant may also be
licensed as a service technician. In addition, an applicant may also be
licensed as an operator, subject to the provisions of §29-22B-503(a)(6)
of this code.
§29-22B-512. Review of continuing eligibility for license.
The Lottery Commission
shall determine on a continuing basis the eligibility of licensees to hold a
license. Notwithstanding any other provision of this article, each operator
and limited video lottery retailer shall meet the residency requirements in
sections 22B - 503 and 22B - 504 of this article and shall be a resident of
this state during the period in which the licensed issued for the operator or
limited video lottery retailer is in effect.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5. Definitions.
For the purposes of this chapter:
“Alcohol” shall
means ethyl alcohol whatever its origin and shall include synthetic ethyl
alcohol but not denatured alcohol.
“Alcoholic liquor” includes alcohol, beer, wine, and spirits and any liquid or solid capable of being used as a beverage, but shall not include nonintoxicating beer.
“An agency” means a drugstore, grocery store, or general store designated by the commission as a retail distributor of alcoholic liquor for the West Virginia Alcohol Beverage Control Commission.
“Beer” means any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more alcohol than that of nonintoxicating beer.
“Brewery” means an establishment where beer is manufactured or in any way prepared.
“Commissioner” or “commission” means the West Virginia Alcohol Beverage Control Commissioner.
“Department” means the organization through which the commission exercises powers imposed upon it by this chapter.
“Distillery” means an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
“Intoxicated” means having one’s faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
“Manager” means an individual who is an applicant’s or licensee’s on-premises employee, member, partner, shareholder, director, or officer who meets licensure requirements of Chapter 60 of this code, and the legislative rules and who actively manages, conducts and carries on the day-to-day operations of the applicant or licensee with full and apparent authority or actual authority to act on behalf of the applicant or licensee, including, but not limited to, coordinating staffing; reviewing, and approving payroll; ordering and paying for inventory, such as nonintoxicating beer, wine, and liquor, as applicable; and managing security staff, security systems, video and other security equipment, and any further acts or actions involved in managing the affairs of the business, on behalf of owners, partners, members, shareholders, officers, or directors. Further that the manager may not be an active employee of the West Virginia Alcohol Beverage Control Commissioner or the active employee of the West Virginia Alcohol Beverage Control Commissioner, may not be involved in an applicant’s or licensee’s ownership, management, or employ, including an independent contractor, and any possible hidden ownership;
“Manufacture” means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor.
“Manufacturer” means any person engaged in the manufacture of any alcoholic liquor, and among others includes a distiller, a rectifier, a wine maker, and a brewer.
“Nonintoxicating beer” means any beverage obtained by the fermentation of barley, malt, hops, or similar products or substitute, and containing not more alcohol than that specified by §11-16-2 of this code.
“Original package” means any closed or sealed container or receptacle used for holding alcoholic liquor.
“Person” means an individual, firm, partnership, limited partnership, corporation, or voluntary association.
“Powdered alcohol” means an alcohol manufactured in a powder or crystalline form for either direct use or reconstitution as an alcoholic liquor or food. For purposes of this chapter, powdered alcohol excludes any material intended for industrial purposes.
“Public place” means any place, building, or conveyance to which the public has, or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies, and corridors of hotels and any highway, street, lane, park, or place of public resort or amusement: Provided, That the term “public place” shall not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of this chapter to sell alcoholic liquors for consumption on the premises: Provided, however, That the term “public place” shall not mean or include any legally demarcated area designated solely for the consumption of beverages and freshly prepared food that directly connects and adjoins any portion or portions of a premise that qualifies and is licensed under the provisions of this chapter to sell alcoholic liquors for consumption thereupon: Provided further, That the term “public place” shall not include a facility constructed primarily for the use of a Division I, II, or III college or university that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer, or other Division I, II, or III sports stadium which holds a special license to sell wine pursuant to the provisions of §60-8-3 of this code, in the designated areas of sale and consumption of wine and other restrictions established by that section and the terms of the special license issued thereunder.
“Sale” means any transfer, exchange, or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent, or employee.
“Selling” includes solicitation or receipt of orders; possession for sale; and possession with intent to sell.
“Spirits” means any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution and includes brandy, rum, whiskey, cordials, and gin.
“State liquor store” means a store established and operated by the commission under this chapter for the sale of alcoholic liquor in the original package for consumption off the premises.
“Wine” means any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.
“Winery” means an establishment where wine is manufactured or in any way prepared.
“Spirits” means any
alcoholic beverage obtained by distillation and mixed with potable water and
other substances in solution and includes brandy, rum, whiskey, cordials and
gin.
“Alcoholic liquor”
includes alcohol, beer, wine and spirits and any liquid or solid capable of
being used as a beverage, but shall not include nonintoxicating beer.
“Original package” means
any closed or sealed container or receptacle used for holding alcoholic liquor.
“Sale” means any
transfer, exchange, or barter in any manner or by any means, for a
consideration, and shall include all sales made by principal, proprietor, agent
or employee.
“Selling” includes
solicitation or receipt of orders; possession for sale; and possession with
intent to sell.
“Person” means an
individual, firm, partnership, limited partnership, corporation, or voluntary
association.
“Manufacture” means to
distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or
fill an original package with any alcoholic liquor.
“Manufacturer” means any
person engaged in the manufacture of any alcoholic liquor, and among others
includes a distiller, a rectifier, a wine maker, and a brewer.
“Brewery” means an
establishment where beer is manufactured or in any way prepared.
“Winery” means an establishment
where wine is manufactured or in any way prepared.
“Distillery” means an
establishment where alcoholic liquor other than wine or beer is manufactured or
in any way prepared.
“Public place” means any
place, building, or conveyance to which the public has, or is permitted to have
access, including restaurants, soda fountains, hotel dining rooms, lobbies, and
corridors of hotels and any highway, street, lane, park, or place of public
resort or amusement: Provided, That the term “public place” shall not
mean or include any of the above-named places or any portion or portions
thereof which qualify and are licensed under the provisions of this chapter to
sell alcoholic liquors for consumption on the premises: Provided, however, That
the term “public place” shall not mean or include any legally demarcated area
designated solely for the consumption of beverages and freshly prepared food
that directly connects and adjoins any portion or portions of a premises that
qualifies and is licensed under the provisions of this chapter to sell
alcoholic liquors for consumption thereupon: Provided further,
That the term “public place” shall also not include a facility constructed
primarily for the use of a Division I college that is a member of the National
Collegiate Athletic Association, or its successor, and used as a football,
basketball, baseball, soccer or other Division I sports stadium which holds a
special license to sell wine pursuant to the provisions of §60-8-3 of this
code, in the designated areas of sale and consumption of wine and other
restrictions established by that section and the terms of the special license
issued thereunder.
“State liquor store
means a store established and operated by the commission under this chapter for
the sale of alcoholic liquor in the original package for consumption off the
premises.
“An agency” means a
drugstore, grocery store, or general store designated by the commission as a
retail distributor of alcoholic liquor for the West Virginia Alcohol Beverage
Control Commissioner.
“Department” means the
organization through which the commission exercises powers imposed upon it by
this chapter.
“Commissioner” or “commission”
means the West Virginia Alcohol Beverage Control Commissioner.
“Intoxicated” means
having one’s faculties impaired by alcohol or other drugs to the point where
physical or mental control or both are markedly diminished.
“Powdered alcohol” means an
alcohol manufactured in a powder or crystalline form for either direct use or
reconstitution as an alcoholic liquor or food. For purposes of this chapter,
powdered alcohol excludes any material intended for industrial purposes
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-8. Retail license application requirements; retail licensee qualifications.
(a) Prior to or simultaneously with the submission of a bid for a retail license or the payment of a purchase option for a Class A retail license, each applicant shall file an application with the commissioner, stating under oath, the following:
(1) If the applicant is an individual, his or her name and residence address;
(2) If the applicant is
other than an individual, the name and business address of the applicant; the
state of its incorporation or organization; the names and residence addresses
of each executive officer and other principal officer, partner, or
member of the entity; a copy of the entity’s charter or other agreement under
which the entity operates; and the names and residence addresses of any
person owning, directly or indirectly, at least 20 percent of the outstanding
stock, partnership, or other interests in the applicant; and all
applicants and licensees must list a manager on the applicant’s license
application, or a licensee’s renewal application, and further that the manager
shall meet all other requirements of licensure, including, but not limited to,
United States citizenship or naturalization, passing a background
investigation, being at least 21 years of age, being a suitable person, being
of good morals and character, and other requirements, all as set forth in the
code and the legislative rules, in order for the manager to be able to meet and
conduct any regulatory matters, including, but not limited to, licensure or
enforcement matters related to the applicant or licensee all in the interest of
protecting public health and safety and being a suitable applicant or licensee.
In order to maintain active licensure, any change by a licensee in any manager
listed on an application must be made immediately to the commissioner, in order
to verify that the new manager meets licensure requirements;
(3) That the applicant and
manager has have never been convicted in this state or any
other state of any felony or other crime involving moral turpitude or convicted
of any felony in this or any other state court or any federal court for a
violation of any state or federal liquor law, and if the applicant is other
than an individual, that none of its executive officers, other principal
officers, partners, or members, or any person owning, directly or
indirectly, at least 20 percent of the outstanding stock, partnership, or other
interests in the applicant, has been convicted; and
(4) That the applicant and the manager, each is a United States citizen of good moral character and, if a naturalized citizen, when and where naturalized; and, if a corporation organized and authorized to do business under the laws of this state, when and where incorporated, with the name and address of each officer; that each officer is a citizen of the United States and a person of good moral character; and if a firm, association, partnership, or limited partnership, that each member is a citizen of the United States and, if a naturalized citizen, when and where naturalized, each of whom must sign the application.
(b) An applicant and manager shall provide the commissioner any additional information requested by the commissioner including, but not limited to, authorization to conduct a criminal background and credit records check.
(c) Whenever a change occurs in any information provided to the commissioner, the change shall immediately be reported to the commissioner in the same manner as originally provided.
(d) The commissioner shall disqualify each bid submitted by an applicant under §60-3A-10 of this code and no applicant shall be issued or eligible to hold a retail license under this article, if:
(1) The applicant has been convicted in this state of any felony or other crime involving moral turpitude or convicted of any felony in this or any other state court or any federal court for a violation of any state or federal liquor law; or
(2) Any executive officer or other principal officer, partner, or member of the applicant, or any person owning, directly or indirectly, at least twenty percent of the outstanding stock, partnership, or other interests in the applicant, has been convicted in this state of any felony or other crime involving moral turpitude or convicted of any felony in this or any other state court or any federal court for a violation of any state or federal liquor law.
(e) The commissioner shall not issue a retail license to an applicant which does not hold a license issued pursuant to federal law to sell liquor at wholesale.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4. Application for license; information required; verification; application to be accompanied by fees; bond; college fraternities and sororities ineligible for license; racial discrimination by applicants prohibited.
(a) Application for a license to operate a private club shall be made on such form as may be prescribed by the commissioner and shall include:
(1) The name and residence of the applicant and list the same for its manager;
(2) If the applicant is an unincorporated association, the names and residence addresses of the members of its governing board;
(3) If the applicant is a corporation, the names and residence addresses of its officers and directors;
(4) The place at which the applicant will conduct its operations and whether the same is owned or leased by the applicant;
(5) The number of members of the applicant;
(6) A listed manager on the applicant’s license application, or a licensee’s renewal application, and further that the manager shall meet all other requirements of licensure, including, but not limited to, United States citizenship or naturalization, passing a background investigation, being at least 21 years of age, being a suitable person, being of good morals and character, being capable of operating a bona fide private club of good reputation in the community, and other requirements, all as set forth in the code and the legislative rules, in order for the manager to be able to meet and conduct any regulatory matters, including, but not limited to: Licensure or enforcement matters related to the applicant or licensee all in the interest of protecting public health and safety and being a suitable applicant or licensee. In order to maintain active licensure, any change by a licensee in any manager listed on an application shall be made immediately to the commissioner, in order to verify that the new manager meets licensure requirements;
(7) The name or names of any national organizations with
which the applicant is affiliated and the nature of such the
affiliation;
(7)(8) The size
and nature of the dining and kitchen facilities operated by applicant;
(8)(9) Accurate
and complete ownership information;
(9)(10) An
attestation that the information in the application is true and accurate; and
(10)(11) Such
other information as the commissioner may reasonably require of the
applicant and manager which shall include, but not be limited to, the
criminal records, if any, of each member of the applicant’s governing board and/or
its officers and directors who have been convicted of a felony or a crime
involving moral turpitude.
(b) The application shall be verified by the manager, each member of the governing board of the applicant if an unincorporated association, or, if the applicant is a corporation, by each of its officers and all members of its board of directors. The application shall be accompanied by the license fee hereinafter prescribed and by a bond of the applicant in the penal sum of $5,000 with a corporate surety authorized to transact business in the state of West Virginia, payable to the State of West Virginia, which bond shall be conditioned on the payment of all fees herein prescribed and on the faithful performance of and compliance with the provisions of this article.
(c) Under no circumstance may any college fraternity or sorority be issued a license to operate a private club.
(d) No license to operate a
private club will may be issued to applicants who discriminate
against any person or group of persons because of race or color of such the
person or group of persons.
§60-7-5. Investigation by commissioner; issuance or refusal of license; special requirements for clubs at parks and airports; form of license; license valid at one location only; expiration and renewal; transferability.
(a) Upon receipt of a
completed application referred to in §60-7-4 of this code, together with the
accompanying fee and bond, the commissioner shall conduct an investigation to
determine the accuracy of the matters contained in such completed application
and whether applicant is a bona fide private club of good reputation in the
community in which it shall operate. For the purpose of conducting such
investigation, the commissioner may withhold the granting or refusal to grant such
the license for a period not to exceed 30 days or until the applicant
has completed the conditions set forth in this article and in §60-7-4(a) of
this code, all as determined by the commissioner. If it shall appear appears
that such the applicant is a bona fide private club of good
reputation in the community in which it shall operate and that the applicant
and the manager in the application or a licensee and manager in the renewal
application, subject to investigation set forth in §60-7-4 of this code, have
made there is no false statement, no material misrepresentations, no
hidden ownership, or persons with an undisclosed pecuniary interest, and no
omissions or failures to disclose in such the application,
as determined by the commissioner, he or she shall issue a license
authorizing the applicant to sell alcoholic liquors as provided in §60-7-3 of
this code, and otherwise shall refuse to issue such the license,
except that in the case of an application by a corporation or association to
operate a private club in connection with:
(1) A state park, the
Director of the Department of Natural Resources must shall grant
his or her approval before the license can be issued; or
(2) A county or municipal
park, or an airport, the authority governing the park or airport must shall
grant its approval before the license can be issued.
A license may not be issued for a private club in any state park unless a dining facility comparable to the dining facility for the proposed private club will be available to serve meals to the general public. A license may not be issued for a private club in any county or municipal park, or an airport, unless a dining facility comparable to the dining facility for the proposed private club will be available to serve meals to the general public.
(b) Upon refusal to issue
such license the commissioner shall make and enter an order denying such
the application, which denial and refusal shall be final unless a
hearing is requested in accordance with the provisions of §60-7-13 of this
code. When such the refusal or denial becomes final the
commissioner shall forthwith refund to the applicant his or her fees and bond
accompanying the application.
(c) Such The license
shall be of such form and design as the commissioner may prescribe by reasonable
rule or regulation and shall authorize the licensee to sell alcoholic liquors
at only one location.
(d) Such The
license shall expire on June 30 next following the date of issue and may be
renewed upon the same showing as required for the issuance of the initial
license, together with the payment of fees and filing of the bond as required
by this article.
(e) A license issued under the provisions of this article may not be transferable.
ARTICLE 8. SALE OF WINES.
§60-8-16. Application for license.
(a) Any person desiring a license under this article shall file a written application for a license with the commissioner and in the application shall state under oath:
(1) The name of the
applicant, including his or her trade name if any, his or her residence
address and the length of his or her residence within this state;
(2) The address of the place of business for which the license is desired, or other description that definitely locates it; and that the place of business conforms to all health and fire laws and regulations applicable thereto;
(3) The name of the owner
of the premises upon which the business is to be conducted and, if the owner is
not the applicant, that such the applicant is the bona fide
lessee of the business;
(4) If the application is for a retailer’s license, that the applicant is the proprietor or owner of a bona fide grocery store, private wine bed and breakfast, private wine restaurant, private wine spa, or wine specialty shop;
(5) That the applicant intends to carry on the business authorized by the license for himself or herself or under his or her immediate supervision or direction;
(6) That the applicant is a citizen of the United States;
(7) That the applicant is
an actual bona fide resident of the State of West Virginia, except for those
applicants applying for a supplier’s license or a direct shipper’s license shall
include a manager on the applicant’s license application, or a licensee’s
renewal application, and further that the manager shall meet all other
requirements of an applicant for licensure set forth in this section,
including, but not limited to, United States citizenship or naturalization,
passing a background investigation, being at least 21 years of age, being a
suitable person, being of good morals and character, and other requirements,
all as set forth in the code and the legislative rules, in order for the
manager to be able to meet and conduct any regulatory matters, including, but not
limited to: Licensure or enforcement matters related to the applicant or
licensee all in the interest of protecting public health and safety and being a
suitable applicant or licensee. In order to maintain active licensure, any
change by a licensee in any manager listed on an application must be made
immediately to the commissioner, in order to verify that the new manager meets
licensure requirements;
(8) That the applicant is
not less than eighteen 21 years of age;
(9) That the applicant has not been convicted of a felony or other crime involving moral turpitude within the three years next preceding the filing of the application; and that he or she has not, within the two years next preceding the filing of the application, been convicted of violating the liquor laws of any state or of the United States;
(10) That the applicant has not during the five years next preceding the date of said application had any license revoked under this chapter or under the liquor laws of any other state;
(11) If the applicant is a
firm, association, partnership, limited partnership, limited liability company,
or corporation, the application shall state the matters required in
subdivisions (6), (7) (8), (9), and (10) of this subsection, with
respect to each of the members and the manager thereof, and each of said
members and the manager must meet all the requirements in said
subdivisions;
(12) If the applicant is a
corporation, organized or authorized to do business in this state, the
application shall state the matters required in subdivisions (6), (7), (8),
(9), and (10) of this subsection, with respect to the manager and
each of the officers and directors thereof, and any stockholder owning 20
percent or more of the stock of such the corporation and any
other the persons who conduct and manage the licensed premises for
the corporation. Each of said individuals must meet all the requirements
provided in those subdivisions except that the requirements as to citizenship and
residence shall may not apply to the officers, directors,
and stockholders of a corporation applying for a retailer’s license; and
(13) If the applicant is a trust or has a trust as an owner, the trustees or other persons in active control of the activities of the trust relating to the license shall provide a certification of trust as described in §44D-10-1013 of this code. This certification of trust shall include the excerpts described in §44D-10-1013(e) of this code and shall further state, under oath, the names, addresses, Social Security numbers, and birth dates of the beneficiaries of the trust and certify that the trustee and beneficiaries are 21 years of age or older. If a beneficiary is not 21 years of age, the certification of trust must state that the beneficiary’s interest in the trust is represented by a trustee, parent, or legal guardian who is 21 years of age and who will direct all actions on behalf of the beneficiary related to the trust with respect to the distributor until the beneficiary is 21 years of age. Any beneficiary who is not 21 years of age or older shall have his or her trustee, parent, or legal guardian include in the certification of trust and state under oath his or her name, address, Social Security number, and birth date.
(14) Any other information that the commissioner may reasonably require of the applicant, or licensee, or the applicant or licensee’s manager.
The foregoing statements required in an application are mandatory prerequisites for the issuance of a license.
The application must be verified by the owner, manager, or in the case of a firm, partnership, limited partnership, limited liability company, association, or trust, the members, officers, trustees, or other persons in active control of the activities of the limited liability company, association, or trust relating to the license. The application of a corporation applying for a retailer’s license need be verified only by its president or vice president.
(b) In the case of an applicant that is a trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the commissioner pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act codified in §29B-1-1 et seq. of this code.
§60-8-17. License issuance or refusal; terms of license.
(a) Upon receipt of the
completed application, fee, and bond if required, the commissioner shall
conduct any investigation he or she considers necessary to determine the
accuracy of the matters contained in the completed application for the
applicant or manager. For the purposes of conducting such investigation,
the commissioner may withhold the granting or refusal to grant a license for a
period not to exceed 30 days or until the applicant has completed the
conditions set forth in §60-8-16 of this code. If it appears that the applicant,
and the manager in the application or a licensee and manager in the renewal
application, subject to investigation set forth in this section, is a
suitable person, is located at a suitable premise, there is no false statement,
no material misrepresentations, no hidden ownership, no persons with an
undisclosed pecuniary interest contained in the application, and that the
issuance of the license would not be in conflict with any of the provisions of
this chapter, the commissioner shall issue the license. Otherwise the
commissioner shall refuse to issue such the
license.
(b) The commissioner shall
refuse the license of any applicant if he or she finds that any such
applicant or manager is not a suitable person, that the place of
business of such the applicant is not a suitable place, or that such
the applicant has not complied with the provisions of this chapter. Upon
refusal to issue such the license, the commissioner shall enter
an order refusing such application. The refusal is final unless a hearing is
requested in accordance with the provisions of §60-8-18 of this code. When such
the refusal becomes final the commissioner shall immediately refund to
the applicant his or her fees and bond accompanying the application.
(c) The license expires on June 30 next following the date it was issued and may be renewed upon the same showing as required for the issuance of the initial license, together with the payment of fee and filing of any bond required by this article.
(d) A licensee that fails to complete a renewal application and make payment of its annual license fee in renewing its license on or before June 30 of any subsequent year, after initial application, shall be charged an additional $150 reactivation fee. The licensee must pay the applicable full-year annual license fee and the reactivation fee prior to the processing of any renewal application. A licensee who continues to operate upon the expiration of its license is subject to all fines, penalties, and sanctions available in §11-16-23 of this code, as determined by the commissioner.
(e) Such The
license shall may not be transferred to another person, but the
location of the premises to which the license relates may be changed with the
written consent of the commissioner, if the new location satisfies the
requirements of this article upon an initial application and payment of a new
application fee.
NOTE: The purpose of this bill is to address the residency issue that was struck down under the Dormant Commerce Clause by the US Supreme Court in Tennessee Wine and Spirits Retailers Assn. v. Russel F. Thomas, Executive Director of the Tennessee Alcoholic Beverage Commission, et al., No. 18-96 (U.S. June 26, 2019).
While West Virginia does not have the same restrictions set forth in Tennessee, the WVABCA under current law requires a 2-year resident manager for applicants and licensees who are not residents. By the US Supreme Court’s application of the Dormant Commerce Clause (essentially you cannot restrict out-of-state interest to protect or assist in-state interests), the court held the durational residency requirement in Tennessee was struck down but that the state could restrict licensees by not discriminating against nonresidents by, for example, limiting the number of retail licenses and limiting the amount of alcohol that may be sold to an individual, mandating more extensive training for managers, employees or monitor retailer practices and taking action against those who violate the law. The case notes that the state can regulate in the area of public health and safety.
WVDHHR is simply removing the residency requirements from the Medical Cannabis Act; the WV Lottery is removing residency and also removing US citizenship requirements from its statutes, and the WVABCA is revising its current residency and manager requirements by simply requiring all licensees to have a manager readily available to address licensure, enforcement and public health and safety issues with the WVABCA or its agents. The WVABCA would also like to prohibit WVABCA employees from being managers or owners of WVABCA licensed establishments.
Note other technical changes were made to reflect consistency with current code, such as adding Division II or III schools per SB 511 and SB 561 of the 2019 Regular Session to the definition of public place and other bill drafting technical requirements for oxford commas, renumbering and organizing code sections.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.