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SB551 SUB1 Senate Bill 551 History

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

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 551

(By Senators Snyder and Bailey)

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[Originating in the Committee on the Judiciary;

reported February 24, 2004.]

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A BILL to amend and reenact §60-8-18 of the code of West Virginia, 1931, as amended, relating generally to power of alcohol beverage control commissioner to revoke or suspend wine licenses; allowing commissioner to revoke, suspend, place licensee on probation and impose a monetary penalty on licensee for violation of article or any rule promulgated or order issued by commissioner; and making technical corrections.

Be it enacted by the Legislature of West Virginia:
That §60-8-18 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8. SALE OF WINES.
§60-8-18. Revocation or suspension of license; monetary penalty; procedure upon refusal, revocation or suspension.

(a) The commissioner may on his or her own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article or any rule promulgated or order issued by the commissioner have been violated by any licensee. The commissioner may suspend or revoke any licensee's license if he If the commissioner finds that such the licensee has violated any provision of this article or any rule promulgated or order issued by the commissioner, or if he the commissioner finds the existence of any ground on which a license could have been refused, if such the licensee were then applying for a license, the commissioner may, in his or her discretion:
(1) Revoke the licensee's license;
(2) Suspend the licensee's license for the period determined by the commissioner not to exceed twelve months; or
(3) Place the licensee on probation for a period not to exceed twelve months; and
(4) Impose a monetary penalty not to exceed one thousand dollars for each violation where revocation is not imposed.
and if If the commissioner finds that a licensee has willfully violated any provision of this article or any rule promulgated or order issued by the commissioner, he the commissioner shall revoke such the licensee's license.
(b) Whenever any distributor fails or refuses to keep in effect the bond required by section twenty of this article, in effect, such the distributor's license shall be automatically suspended until such time as the bond required by section twenty is furnished to the commissioner, at which time such the suspension shall be vacated.
(c) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, places a licensee on probation, or imposes a monetary penalty, he or she shall enter an order to that effect, and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.
(d) Any applicant or licensee, as the case may be, adversely affected by such the order shall have a right to a hearing thereon before the commissioner, providing that provided the demand in writing for such a hearing is served upon the commissioner within ten days following the receipt by such the applicant or licensee of the copy of said commissioner's order. The Timely service of such a demand for a hearing upon the commissioner shall operate to suspend the execution of the order with respect to which a hearing is being demanded, except an order suspending a license under the provisions of subsection (b) of this section. The person demanding a hearing shall give security for the cost of such the hearing in such the form and amount as the commissioner may reasonably require. If the person demanding such the hearing does not substantially prevail in such the hearing or upon judicial review thereof as hereinafter provided in subsections (g) and (h) of this section, then the costs of such the hearing shall be assessed against him or her by the commissioner and may be collected by an action at law or other proper remedy.
(e) The Upon receipt of a timely served written demand for a hearing, the commissioner shall immediately set a date for such the hearing and notify the person demanding such the hearing thereof, which of the date, time and place of the hearing which shall be held within thirty days after receipt of said the demand. At such the hearing, the commissioner shall hear evidence and thereafter enter an order supporting by findings of facts, affirming, modifying or vacating the order, which order shall be final unless vacated or modified upon judicial review thereof.
(f) Such The hearing and the administrative procedure prior to, during and following the hearing shall be governed by and in accordance with the provisions of article five, chapter twenty- nine-a of this code in like manner as if the provisions of article five were set forth in extenso in this section.
(g) Any person applicant or licensee adversely affected by an order entered following such a hearing shall have the right of judicial review thereof in accordance with the provisions of section four, article five, chapter twenty-nine-a of this Code with like effect as if the provisions of said section four were set forth in extenso herein.
(h) The judgment of a circuit court reviewing the order of the commissioner shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this Code.
(i) Legal counsel and services for the commissioner in all such proceedings in any circuit court and the supreme court of appeals shall be provided by the attorney general or his assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.

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(NOTE: The purpose of this bill is allow the alcohol beverage commissioner to also place a wine licensee on probation or assess a monetary penalty, or both, when a wine licensee violates a provision of the wine law, W. Va. code §60-8-1, et seq., a rule promulgated by the commissioner, or an order issued by the commissioner. These sanctions would be appealable just like an order revoking or suspending a wine license. Certain language in the section would be modernized.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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