ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2394
(By Delegates Leach, Beane, Hubbard,
Pulliam and Facemyer
)
[Passed March 14, 1998; in effect ninety days from passage.]
A BILL to amend article six, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
twenty-five, relating to requiring all persons licensed to
sell alcoholic liquor, wine or nonintoxicating beer at
retail, either for consumption on-premises or off-premises,
or both, to display signs warning of the possible danger of
birth defects that may be caused by the consumption of
alcohol during pregnancy; placement of signs; duties of
commissioner to make signs available; imposition of civil
administrative penalty for violation; legislative rules;
creation of "fetal alcohol syndrome fund"; and disposition
of moneys.
Be it enacted by the Legislature of West Virginia:
That article six, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty-five, to read as follows:
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-25. Mandatory signs to be posted warning of the possible
dangers of consumption of alcohol during pregnancy.
(a) Beginning the first day of July, one thousand nine
hundred ninety-eight, all persons licensed to sell alcoholic
liquor, wine or nonintoxicating beer at retail, either for
consumption on-premises or off-premises, or both, shall display
signs provided by the alcohol beverage control commissioner
warning of the possible danger of birth defects which may result
from the consumption of alcohol during pregnancy. These signs
shall be displayed upon the licensed premises in the following
manner:
(1) If a licensee holds a license providing for the retail
sale of alcoholic liquor, wine or nonintoxicating beer for on- premises consumption, the sign shall be posted in an open and
prominent place in the licensed portion of the establishment:
Provided, That self-service "mini-bars" in hotel guest rooms are
exempt:
Provided, however, That airports, convention centers,
sports facilities and other licensed premises with more than one
authorized location of sales, service and consumption shall post
signs in plain view to the majority of patrons entering or
approaching the licensed portion of the premises.
(2) If the licensee holds a license providing for the retail
sale of alcoholic liquor, wine or nonintoxicating beer for off- premises consumption, the sign shall be posted in plain view at the main entrance to the licensed premises.
(3) If the licensee is a liquor manufacturer, the notices
shall be posted in plain view at the main entrance to areas where
alcohol is sold for off-premises consumption. If a
manufacturer's tasting rooms have separate buildings or separate
entrances, the sign shall be posted in plain view at the main
entrance to the tasting area.
(b) The alcohol beverage control commissioner shall make
signs and replacements warning of the possible danger of birth
defects which may result from the consumption of alcohol during
pregnancy available to each licensee governed by the provisions
of this section.
(c)(1) Upon a determination by the commissioner that a
licensee has failed to comply with the provisions of this
section, the commissioner may impose a civil administrative
penalty of not less than one hundred dollars nor more than one
thousand dollars for each violation. The provisions of section
fifteen of this article shall not apply to a violation of this
section.
(2) The commissioner shall propose legislative rules for
promulgation pursuant to the provisions of chapter twenty-nine-a
of this code setting forth:
(A) Objective criteria against which the exercise of the
commissioner's discretion in the determination of whether to
impose a civil administrative penalty is to be measured; and
(B) Procedures meeting the requirements of due process through which an alleged violation of this section may be
contested.
(3) The proceeds of civil administrative penalties collected
for violations of this section shall be deposited in a fund
hereby established in the state treasury to be known as the
"fetal alcohol syndrome fund". The commissioner shall expend the
moneys deposited in the fund to educate the public concerning the
dangers of fetal alcohol syndrome without appropriation except as
provided in this subsection. After the sum of five thousand
dollars has been deposited into the fund during a fiscal year,
any additional deposits shall be divided as follows: (1) An
amount necessary to allow the commissioner to carry out his or
her duties pursuant to this section, not to exceed one half of
such additional deposits, shall be deposited in the alcohol
beverage control administration fund; and (2) the remainder of
such additional deposits shall be made to the state fund, general
revenue. Any moneys remaining in the fund on the thirtieth day
of June of each year shall be subject to reappropriation for
expenditure during the following fiscal year. The commissioner
shall annually file a report with the president of the Senate and
the speaker of the House of Delegates, informing the Legislature
as to the amounts deposited in the funds, and the purposes for
which the amounts deposited in the alcohol beverage control
administration fund were expended.
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