WEST virginia Legislature
2017 regular session
By
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to the Committee on the Judiciary then Finance.
A BILL to amend and
reenact §60-7-10 and §60-7-12 of the Code of West Virginia, 1931, as amended,
all relating to requiring private clubs to be closed from two o'clock a.m. to seven o'clock
a.m. on weekdays; requiring patrons of those clubs to exit the club no later
than sixty minutes after the dispensing of nonintoxicating beer, wine or
alcoholic liquors has ceased; providing criminal penalties; and updating
statutory language.
Be it enacted by the
Legislature of West Virginia:
That §60-7-10 and §60-7-12
of the Code of West Virginia, 1931, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-10. Duties and powers of commissioner.
The commissioner is hereby authorized:
(a) To enforce the provisions of this article.
(b) To enter the premises of any licensee at reasonable times
for the purpose purposes of inspecting the same the
premises and determining the compliance of said whether the
licensee has complied with the provisions of this article and any
rules and regulations promulgated by the commissioner pursuant to the
provisions of this article.
(c) To promulgate such propose for promulgation
reasonable rules and regulations as may be necessary for the execution
and enforcement of the provisions of this article, which may include,
but shall not be limited to, the hours during which licensees may sell
alcoholic liquors, and the use, handling, service and sale of such
alcoholic liquors. Such The
commissioner shall propose rules and regulations shall be promulgated
for promulgation in accordance with the provisions of article
three, chapter twenty-nine-a of the this code. in like manner
as if said article three of said chapter twenty-nine-a were set forth in
extenso in this subdivision
(d) To issue subpoenas and subpoenas duces tecum for the
purposes of conducting hearings under the provisions of section thirteen
of this article, which subpoenas and subpoenas duces tecum shall be
issued in the time, for the fees, and shall be enforced in the manner specified
in section one, article five, chapter twenty-nine-a of this code. with like
effect as if said section one were set forth in extenso in this subdivision
(e) The authority granted in subdivisions
subsections (a), (b) and (d) of this section may also be exercised by
the duly authorized agents of the commissioner.
§60-7-12. Certain acts of licensee prohibited; 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, except as provided in
article twenty-two-a, chapter twenty-nine of this code;
(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) (A) 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 two
o'clock a.m. and one o'clock p.m. on any Sunday, or between the hours of two
o'clock a.m. and seven o'clock a.m. on any weekday; and
(B) Any patron present on the licensed premises after the
sale or dispensing of nonintoxicating beer, wine or alcoholic liquors has
ceased, as provided in paragraph (A) of this subdivision, shall have a
reasonable time, not to exceed sixty minutes, to vacate the premises;
(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 a 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 there.
(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 confined in the
county jail for a period not to exceed more than one
year, or both fined and imprisoned confined.
NOTE: The purpose of this bill is to require
private clubs to be closed from two o'clock
a.m. to seven o'clock a.m. on weekdays.
The bill requires patrons of those clubs to exit the club not later than sixty
minutes after the dispensing of nonintoxicating beer, wine or alcoholic liquors
has ceased. The bill provides criminal penalties. The bill also updates
statutory language.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.