ENROLLED
Senate Bill No. 464
(By Senator Tomblin, Mr. President)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT to amend and reenact section five, article seven, chapter
sixty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the sale and
service of alcoholic beverages in state parks; and removing
language requiring sleeping accommodations for issuance of
a license to a private club in a state park.
Be it enacted by the Legislature of West Virginia:
That section five, article seven, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§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 the application referred to in section
four of this article, together with the accompanying fee and
bond, the commissioner shall conduct an investigation to
determine the accuracy of the matters contained in such
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 license for a
period not to exceed thirty days. If it shall appear that such
applicant is a bona fide private club, of good reputation in the
community in which it shall operate and that there is no false
statement contained in such application, the commissioner shall
issue a license authorizing the applicant to sell alcoholic
liquors as provided in section three of this article, and
otherwise shall refuse to issue such 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 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 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 application, which
denial and refusal shall be final unless a hearing is requested
in accordance with the provisions of section thirteen of this
article. When such refusal or denial becomes final the
commissioner shall forthwith refund to the applicant his or her
fees and bond accompanying the application.
(c) Such 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 license shall expire on the thirtieth day of June
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.