H. B. 4530
(By Delegates Doyle, Spencer, Carmichael and Blair)
[Introduced
February 18, 2010
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-7-11 of the Code of West Virginia,
1931, as amended, relating to permitting private clubs to
purchase alcoholic liquors from retail liquor stores in any
market zone in the state.
Be it enacted by the Legislature of West Virginia:
That §60-7-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-11. Licensee must purchase alcoholic liquors from or
through commissioner or retail licensee; exceptions.
(a)(1) All licensees shall purchase all alcoholic liquors sold
by them from the West Virginia Alcohol Beverage Control
Commissioner at prices established by the commissioner for sales of
the alcoholic liquors to the public generally or from any retail
licensee
in any market zone
licensed under the provisions of article three-a of this chapter, except that the licensees may
purchase those wines permitted to be sold at retail pursuant to
article eight of this chapter from those distributors
in any market
zone
licensed pursuant to said article at the same prices the
distributors sell the wines to retailers licensed pursuant to said
article.
(2) A licensee may by contract approved by the commissioner
receive deliveries of alcoholic liquor from a retail liquor store,
and the provisions of sections twelve and thirteen, article six of
this chapter shall not apply to the transportation of that
alcoholic liquor.
(b) In all reports filed under section sixteen, article
fifteen, chapter eleven of this code, retail licensees licensed
under the provisions of article three-a of this chapter shall
separately identify the amount of sales tax on sales of liquor to
licensees in the manner required by the Tax Commissioner.
(c) Notwithstanding the provisions of section thirty, article
fifteen, chapter eleven of this code to the contrary, the amount of
the sales taxes collected by the Tax Commissioner shall be
deposited in a revolving fund account in the State Treasurer's
office, designated the "Drunk Driving Prevention Fund", and
administered by the commission on drunk driving prevention, subject
to appropriations by the Legislature.
NOTE: The purpose of this bill is to permit private clubs to
purchase alcoholic liquors from retail liquor stores in any market
zone in the state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.