HB2129 S JUD AM #1
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §60-7-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-13. Revocation or suspension of license; monetary penalty; hearing; assessment of costs; establishment of enforcement fund.
(a) Upon a determination by the commissioner that a licensee has: (i) Violated the provisions of article sixteen, chapter eleven, or of this chapter; (ii) acted in such a way as would have precluded initial or renewal licensure; or (iii) violated any rule or order promulgated by the commissioner, the commissioner may impose any one or a combination of the following sanctions:
(1) Revoke the licensee's license;
(2) Suspend the licensee's license;
(3) Place the licensee on probationary status for a period not to exceed twelve months; and
(4) Impose a monetary penalty not to exceed $1,000 for each violation where revocation is not imposed.
(b) Any monetary penalty assessed and collected by the commissioner shall be transmitted to the State Treasurer for deposit into the State Treasury to the credit of a special revenue fund designated the Alcohol Beverage Control Enforcement Fund, which is hereby created. All moneys collected, received and deposited in the Alcohol Beverage Control Enforcement Fund shall be kept and maintained for expenditures by the commissioner for the purpose of enforcement of the statutes and rules pertaining to alcoholic liquor, and shall not be treated by the State Treasurer or State Auditor as any part of the general revenue of the state. At the end of each fiscal year all funds in the Alcohol Beverage Control Enforcement Fund in excess of $20,000 shall be transferred to the General Revenue Fund.
(c) In addition to the grounds for revocation, suspension or other sanction of a license set forth in subsection (a) of this section, conviction of the licensee of any offense constituting a violation of the laws of this state or of the United States relating to alcoholic liquor, nonintoxicating beer or gambling shall be mandatory grounds for such sanctioning of a license. Conviction of the licensee of any violation of the laws of this state or of the United States relating to prostitution, or the sale, possession or distribution of narcotics or controlled substances, shall be mandatory grounds for revocation of the licensee's license for a period of at least one year.
(d) In addition to the grounds for revocation, suspension or other sanction of a license set forth in this section, the commissioner may, in his or her discretion, revoke, suspend or otherwise sanction a licensee for failing to alert, in a timely manner, emergency medical services or law enforcement of a life-threatening medical emergency occurring on the premises of the licensee’s private club.
(e) If a life threatening medical emergency occurs on a licensee’s private premises requiring notification under subsection (d) of this section, the licensee shall notify the Alcohol Beverage Control Administration within forty-eight hours of the emergency’s occurrence. The commissioner may, in his or her discretion, revoke, suspend or otherwise sanction a licensee for failing to comply with the 48-hour notification requirement.