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Introduced Version House Bill 4622 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2016 regular session

Introduced

House Bill 4622

By Delegates Upson, Espinosa, Householder, Duke, Howell, Folk, Blair, E. Nelson, Ellington, Storch and Trecost

[Introduced February 19, 2016; Referred
to the Committee on Roads and Transportation then the Judiciary.]

A BILL to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-34 of said code, all relating to the sale of alcoholic beverages on Sundays by private licensees; requiring the county commissions to conduct an option election on the questions of whether to authorize licensed private clubs to sell nonintoxicating beer, wine and alcoholic liquors between the hours of ten-thirty o’clock a.m. and one o’clock p.m. on Sundays and restrict them from doing so between the hours of three o’clock a.m. and seven o’clock a.m. on any weekday or Saturday; and requiring the county commissions conduct an option election on the question of whether to permit a licensed private bed and breakfast, private wine restaurant or private wine spa to sell wine for consumption on the licensed premises between the hours of ten-thirty o’clock a.m. and one o’clock p.m. on Sundays.

Be it enacted by the Legislature of West Virginia:


That § 60-7-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §60-8-34 of said code be amended and reenacted, all to read as follows:

ARTICLE 7. LICENSES TO PRIVATE CLUBS.


§60-7-12. Certain acts of licensee prohibited; county option election to determine whether to opt in to change hours in which licensee is prohibited from sales, etc. of beer, wine or liquor; 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: Provided, That the county commission of any county shall conduct a county option election on the question of whether to opt in to changing the hours in which licensees are not permitted to sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on a licensee’s premises, to between the hours of three o’clock a.m. and ten-thirty o’clock a.m. on any Sunday and between the hours of three o’clock a.m. and seven o’clock a.m. on any weekday or Saturday. The option election on this question may be placed on the ballot in each county at any general election. The county commission of the county 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 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 the fourteen consecutive days next preceding the election. On the local option election ballot shall be printed the following: “Shall the hours in which private establishments are prohibited to sell, give or dispense beer, wine or alcoholic liquors be changed from between the hours of three o’clock a.m. and one o’clock p.m. on Sunday to three o’clock a.m. and ten-thirty o’clock a.m. on Sunday and between the hours of three o’clock a.m. and seven o’clock a.m. on any weekday or Saturday?”

[ ] Yes [ ] No

(Place a cross mark in the square opposite your choice.)

The ballots shall be counted, returns made and canvassed as in general elections, and the results certified by the commissioners of election to the county commission. The county commission shall, without delay, certify the result of the election. Upon receipt of the results of the election, in the event a majority of the votes are marked “Yes” all applicable licensees shall be prohibited to sell, give or dispense beer, wine or alcoholic liquors from three o’clock a.m. and ten-thirty o’clock a.m. on Sunday and between the hours of three o’clock a.m. and seven o’clock a.m. on any weekday or Saturday. In the event a majority of the votes are marked “No” all applicable licensees will be required to comply with current law requiring that no beer, wine or alcoholic liquors may be sold, given or dispensed between the hours of three o’clock a.m. and one o’clock p.m.

(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) Any person who violates any of the foregoing provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or imprisoned in jail for a period not to exceed one year, or both fined and imprisoned.


ARTICLE 8. SALE OF WINES.


§60-8-34. When retail sales prohibited; county option election to determine whether to opt in to change hours in which licensee is prohibited from sales of wine.

It shall be unlawful for a retailer, farm winery, wine specialty shop retailer, private wine bed and breakfast, private wine restaurant or private wine spa licensee, his or her servants, agents or employees to sell or deliver wine between the hours of two o’clock a.m. and one o’clock  p.m. on Sundays, or between the hours of two o’clock a.m. and seven o’clock a.m. on weekdays and Saturdays: Provided, That the county commission of any county shall conduct a county option election on the question of whether to opt in to  permitting a private wine bed and breakfast, a private wine restaurant or private wine spa licensee to sell wine for consumption on the licensee’s premises between the hours of ten-thirty o’clock a.m. and one o’clock p.m. on Sundays. The option election on the question may be placed on the ballot in each county at any general election. The county commission of the county 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 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 the fourteen consecutive days next preceding the election. On the local option election ballot shall be printed the following: “Shall a private wine bed and breakfast, a private wine restaurant or a private wine spa licensee be permitted to sell wine for consumption on the licensee’s premises between the hours of ten-thirty o’clock a.m. and one o’clock p.m. on Sundays?”

[ ] Yes [ ] No

(Place a cross mark in the square opposite our choice.)

The ballots shall be counted, returns made and canvassed as in general elections, and the results certified by the commissioners of election to the county commission. The county commission shall, without delay, certify the result of the election. Upon receipt of the results of the election, in the event a majority of the votes are marked “Yes” all applicable licensees shall be permitted to sell wine for consumption on the licensee’s premises between the hours of ten-thirty o’clock a.m. and one o’clock p.m. on Sundays. In the event a majority of the votes are marked “No”, all applicable licensees will not be permitted to sell wine for consumption between the hours of ten-thirty o’clock a.m. and one o’clock p.m. on Sundays.

 

NOTE: The purpose of this bill is to require the county commissions to conduct an option election on the questions of whether to authorize licensed private clubs to sell nonintoxicating beer, wine and alcoholic liquors between the hours of 10:30 a.m. and 1:00 p.m. on Sundays and restrict them from doing so between the hours of 3:00 a.m. and 7:00 a.m. on any weekday or Saturday. The bill also requires the county commissions to conduct an option election on the question of whether to permit a licensed private bed and breakfast, private wine restaurant or private wine spa to sell wine for consumption on the licensed premises between the hours of 10:30 a.m. and 1:00 p.m. on Sundays.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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