WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 637
By Senators Trump and Rucker
[Introduced March 17, 2017;
Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §60-7-2 and §60-7-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8-27 of said code, all relating to private club operations and dance hall requirements; permitting certain private club licensees that operate tourist destination and resort facilities to obtain one private resort license for the sale of alcoholic liquors throughout the licensed premises whether inside a building or outside in public view; permitting patrons seventeen years of age to enter the licensed premises unaccompanied by a parent or legal guardian at private resorts, subject to certain conditions, and certain private clubs with designated nonalcohol areas.
Be it enacted by the Legislature of West Virginia:
That §60-7-2 and §60-7-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §61-8-27 of said code be amended and reenacted, all to read as follows:
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-2. Definitions; power to lease building for establishment of private club.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Private
club" means any corporation or unincorporated association which either (1)
belongs to or is affiliated with a nationally recognized fraternal or veterans
organization, which is operated exclusively for the benefit of its members,
which pays no part of its income to its shareholders or individual members,
which owns or leases a building or other premises, to which club are admitted
only duly elected or approved dues paying members in good standing of such
corporation or association and their guests while in the company of a member
and to which club the general public is not admitted, and which club maintains
in said building or on said premises a suitable kitchen and dining facility
with related equipment for serving food to members and their guests, or (2) is
a nonprofit social club, which is operated exclusively for the benefit of its
members, which pays no part of its income to its shareholders or individual
members, which owns or leases a building or other premises, to which club are
admitted only duly elected or approved dues paying members in good standing of
such corporation or association and their guests while in the company of a
member and to which club the general public is not admitted, and which club
maintains in said building or on said premises a suitable kitchen and dining
facility with related equipment for serving food to members and their guests,
or (3) is organized and operated for legitimate purposes, which has at least
one hundred duly elected or approved dues paying members in good standing,
which owns or leases a building or other premises, including any vessel
licensed or approved by any federal agency to carry or accommodate passengers
on navigable waters of this state, to which club are admitted only duly elected
or approved dues paying members in good standing of such corporation or
association and their guests while in the company of a member and to which club
the general public is not admitted, and which club maintains in said building
or on said premises a suitable kitchen and dining facility with related
equipment and employs a sufficient number of persons for serving meals to
members and their guests, or (4) is organized for legitimate purposes and owns
or leases a building or other limited premises in any state, county or
municipal park or at any airport, in which building or premises a club has been
established, to which club are admitted only duly elected and approved dues paying
members in good standing and their guests while in the company of a member and
to which club the general public is not admitted, and which maintains in
connection with said club a suitable kitchen and dining facility and related
equipment and employs a sufficient number of persons for serving meals in said
club to said members and their guests.
(b) "Licensee"
means the holder of a license to operate a private club granted under the
provisions of this article, which license shall remain unexpired, unsuspended
and unrevoked.
(c) (a) "Applicant" means a private club
applying for a license under the provisions of this article.
(b) "Code” means the official Code of West Virginia, 1931, as amended.
(d) (c) "Commissioner" means the West
Virginia Alcohol Beverage Control Commissioner.
(e) "Code"
means the official Code of West Virginia, 1931, as amended.
(d) "Licensee” means the holder of a license to operate a private club granted under this article, which license shall remain unexpired, unsuspended and unrevoked.
(e) "Private club" means any corporation or unincorporated association which either: (1)
Belongs to or is affiliated with a nationally recognized fraternal or veteran’s organization which is operated exclusively for the benefit of its members, which pays no part of its income to its shareholders or individual members, which owns or leases a building or other premises, to which club are admitted only duly elected or approved dues-paying members in good standing of the corporation or association and their quests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment for serving food to members and their quests; or (2) is a nonprofit social club, which is operated exclusively for the benefit of its members, which pays no part of its income to its shareholders or individual members, which owns or leases a building or other premises, to which club are admitted only duly elected or approved dues paying members in good standing of the corporation or association and their quests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment for serving food to members and their quests; or (3) is organized and operated for legitimate purposes which has at least one hundred duly elected or approved dues-paying members in good standing, which owns or leases a building or other premises, including any vessel licensed or approved by any federal agency to carry or accommodate passengers on navigable waters of this state, to which club are admitted only duly elected or approved dues- paying members in good standing of the corporation or association and their guests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment and employs a sufficient number of persons for serving meals to members and their guests; or (4) is organized for legitimate purposes and owns or leases a building or other limited premises in any state, county or municipal park or at any airport, in which building or premises a club has been established, to which club are admitted only duly elected and approved dues-paying members in good standing and their quests while in the company of a member and to which club the general public is not admitted, and which maintains in connection with the club a suitable kitchen and dining facility and related equipment and employs a sufficient number of persons for serving meals in the club to the members and their quests.
(f) "Private resort" means any applicant for a private club or licensed private, club meeting the criteria noted in this subsection, a private resort must:
(1) Have at least twenty thousand members;
(2) Offer short-term daily-rate accommodations or lodging for members and their guests amounting to at least one hundred separate bedrooms;
(3) Operate a restaurant and full kitchen with ovens, six-burner ranges, walk-in freezers and other kitchen utensils and apparatus as determined by the commissioner on the licensed premises and serve freshly prepared food at least forty hours per week;
(4) Maintain, at any one-time, $25,000 of fresh food inventory capable of being prepared in the private resorts’ full kitchen, and in calculating the food inventory the commissioner may not include microwavable, frozen or canned foods;
(5) Own. control, operate and use acreage amounting to at least ten contiguous acres of bounded or fenced real property which would be listed on the licensees’ floorplan and would be used for destination, resort and large group-type events such as weddings, reunions, conferences, meetings and sporting or recreational events;
(6) List the entire property from subdivision (5) and all adjoining building and structures on the private resorts’ floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted .in a building or structure or outdoors while on the private resorts’ licensed premises and as noted on the private resorts’ floorplan;
(7) Have one person or entity that has the right, title and ownership interest in the real property buildings and structures located on the proposed licensed premises; and
(8) Utilize an age verification system approved by the commissioner, to separately and conspicuously identify members and guests, at all times, that are: (i) Seventeen years of age and under; (ii) eighteen years of age to twenty years of age; and (iii) twenty-one years of age or older, such as a wearable bracelet or electronic chip system.
The department of natural
resources, the authority governing any county or municipal park, or any county
commission, municipality, other governmental entity, public corporation or
public authority operating any park or airport shall have plenary power and
authority to may lease as lessor a building or portion thereof or
other limited premises in any such park or airport to any corporation or
unincorporated association for the establishment of a private club pursuant to
the provisions of this article.
§60-7-6. Annual license fee; partial fee.
(a) The annual license fee for a license issued under the provisions of this article to a fraternal or veterans organization or a nonprofit social club shall be $750.
(b) The annual license fee
for a license issued under the provisions of this article to a private club
other than a private club of the type specified in subsection (a) of this
section shall be $1,000 if such the private club has less than
one thousand members, and $2,500 if such the private club
has one thousand or more members, and further if the
private club is a private resort with twenty thousand or more members and
chooses to operate up to: (i) Ten designated locations on the licensed
premises. and the licensees’ floorplan for the sale and consumption of
alcoholic liquors on the premises, then the annual license fee shall be
$15,000: (ii) fifteen designated locations on the licensed premises and the
licensee's floorplan for the sale and consumption of alcoholic liquors on the
premises. then the annual license fee shall be $20,000: and (iii) twenty
designated locations on the licensed premises and the licensees’ floorplan for
the sale and consumption of alcoholic liquors on the premises, then the annual
license fee shall be $25,000.
(c) The fee for any such license issued following January 1, of any year and to expire on June 30 of such year shall be one half of the annual license fee prescribed by subsections (a) and (b) of this section six.
(d) All such fees shall be paid by the commissioner to the State Treasurer and credited to the General Revenue Fund of the state.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-27. Unlawful admission of children to dance house, etc.; penalty.
Any proprietor or any
person in charge of a dance house, concert saloon, theater, museum, or similar
place of amusement, or other place, where wines or spirituous or malt liquors
are sold or given away, or any place of entertainment injurious to health or
morals who admits or permits to remain therein any minor under the age of
eighteen years, unless accompanied by his or her parent or guardian, shall
be is guilty of a misdemeanor, and, on conviction thereof, shall be
punished by a fine not exceeding $200: Provided, That there
is exempt from this prohibition: (a) A private resort licensed pursuant to
article seven of chapter sixty and in compliance with subdivision eight,
subsection (f), section two of article seven of chapter sixty: or (b) a private
club with more than one thousand members that is in good standing with the
Alcohol Beverage Control Commissioner and that has been approved by the Alcohol
Beverage Control Commissioner and which has designated certain seating areas on
its licensed premises as nonalcoholic liquor and nonintoxicating beer areas as
noted in the license's floorplan.
NOTE: The purpose of this bill is to permit certain private club licensees that operate tourist destination and resort facilities to obtain one private resort license for the sale of alcoholic liquors throughout the licensed premises whether inside a building or outside in public view, and further to permit 17-year-old patrons to enter the licensed premises unaccompanied by a parent or legal guardian at private resorts, subject to certain conditions, and certain private clubs with designated nonalcohol areas.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.