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Engrossed Version Senate Bill 625 History

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

WEST virginia legislature

2020 regular session

Engrossed

Committee Substitute

for

Senate Bill 625

Senators Trump and Weld, original sponsors

[Originating in the Committee on the Judiciary; reported on February 3, 2020]

 


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-7-8b, relating to creating one-day annual license for a licensed private club in partnership with a nonprofit permitting the charitable auction of sealed rare, antique, or vintage liquor bottles; setting license fee; establishing license requirements; and providing certain limited exceptions.

Be it enacted by the Legislature of West Virginia:


ARTICLE 7. LICENSES TO PRIVATE CLUBS.


§60-7-8b. One-day charitable rare, antique, or vintage liquor auction; licensee fee and application; license subject to provisions of article; exceptions.


(a) The commissioner may issue a special one-day, one-time, once-a-year license to a licensed private club in partnership with duly organized, federally approved nonprofit corporations, associations, organizations, or entities allowing the nonprofit to conduct a charitable auction of certain sealed bottles of rare, antique, or vintage liquor, as determined by the commissioner, on the private club licensee’s licensed premises for off-premises consumption only, when raising money for athletic, charitable, educational, scientific, or religious purposes.

(b) The one-time annual limit applies to the private club and the nonprofit.

(c) “Auction or auctioning”, for purposes of this subsection, means any silent, physical act, or verbal bid auction, where the auction requires in-presence bidding and online Internet-based electronic bidding through a secure Internet-based application or website.

(d) The winning bidder of the auctioned rare, antique, or vintage liquor must pay for and receive the sealed rare, antique, or vintage liquor bottle on or before the conclusion of the event.       (e) The private club and nonprofit shall not deliver or ship sealed rare, antique, or vintage liquor bottles.

(f) Application. —

(1) The applicants shall jointly complete an application, including, but not limited to, the date, time, place, and floorplan of the charitable event, a signed and notarized statement that at least 80 percent of the gross proceeds from the charitable event will be donated directly to the nonprofit before accounting for the charitable event’s expenses, and other information required by the commissioner.

(2) The license application shall be submitted to the commissioner at least 15 days prior to the event.

(3) The applicants must be in good standing with the commissioner and the state, and the applicants must receive the commissioner’s approval prior to the charitable event.

(g) Fee. — The applicants shall pay a $100 nonrefundable and nonprorated fee for the license.

(h) Audit, review of application, and labeling. —

(1) The commissioner may audit to verify that at least 80 percent of the gross proceeds from the charitable event will be donated directly to the nonprofit before accounting for the charitable event’s expenses.

(2) The commissioner shall review the applicants’ list of rare, antique, or vintage liquor, and the applicants shall submit paperwork showing that the liquor was purchased from a licensed retail outlet in accordance with §60-3A-1 et seq. of this code with all taxes and fees paid. 

(3) The commissioner may approve for auction any rare, antique, or vintage liquor with no documentation, or not purchased in accordance with §60-3A-1 et seq. of this code, if all taxes and fees are paid to the commissioner in accordance with §60-3A-1 et seq. of this code.

(4)  Any undocumented rare, antique, or vintage liquor approved for charitable auction by the commissioner must be labeled in the interest of public health and safety as follows: “Purchase and consume at your own risk, as the authenticity or source of manufacture of this bottle has not been verified”.

(i) Licensure. — The nonprofit’s charitable auctioning of sealed rare, antique, or vintage liquor bottles, as determined by the commissioner, is permitted on the private club’s licensed premises, notwithstanding the bingo, raffle, and lottery provisions of §47-20-10, §47-21-11, and §61-10-1 et seq. of this code, but in compliance with the auction requirements §19-2C-1 et seq. of this code: Provided, That the nonprofit upon licensure by this code section is permitted a limited, one-time exception of the requirement to be a licensed retail outlet and hold a retail license issued pursuant to §60-3A-1 et seq. of this code in order to sell liquor: Provided, however, That the private club upon licensure under this code section will be provided a limited, one-time exception from §60-7-12(a)(1) and §60-6-8(6) of this code, and more specifically §60-6-8(6)(A) of this code, in order to permit the licensed nonprofit to sell via auction the sealed rare, antique, or vintage liquor bottles for off-premises consumption, and the carrying onto, the sale of, and the carrying off of the licensed premises the approved sealed liquor bottles.

(j) Penalties for violations. — Any private club or nonprofit licensed pursuant to this code section are subject to all penalties for violations committed under §60-7-1 et seq. of this code.

 

 

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