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Bill-ABCC 175CSR5
H. B. 2640
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Introduced March 2, 2001; referred to the
Committee on Industry and Labor, Economic Development and Small
Business then the Judiciary.]
A BILL to amend and reenact section one, article seven, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
alcohol beverage control commissioner to promulgate a
legislative rule relating to the licensing of retail liquor
stores.
Be it enacted by the Legislature of West Virginia:
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That section one, article seven, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. Alcohol beverage control commissioner.
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(a) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine, under
the authority of section six, article three-a, chapter sixty of
this code, modified by the alcohol beverage control commissioner to meet the objections of the legislative rule-making review committee
and refiled in the state register on the ninth day of November, one
thousand nine hundred ninety-nine, relating to the alcohol beverage
control commissioner (retail licensee operations, 175 CSR 1), is
authorized.
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(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine, under
the authority of section ten, article seven, chapter sixty of this
code, modified by the alcohol beverage control commissioner to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of December,
one thousand nine hundred ninety-nine, relating to the alcohol
beverage control commissioner (private club licensing, 175 CSR 2),
is authorized, with the following amendments:
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On page one, section 2.1, line one, following the word "beer",
and the comma, by inserting the words "including barley beer"
followed by a comma;
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On page one, section 2.1, line one, following the word "wine",
by inserting a comma and the words "including barley wine" followed
by a comma;
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Beginning on page five, section 3.2.1.c, line two, by striking
out the words "W.Va. Code §60-7-2(a), (1), (2)", and inserting in
lieu thereof the words "W.Va. Code §60-7-2(a)(1) and W.Va. Code
§60-7-2(a)(2)";
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On page nine, section 3.4.2, beginning on line one, following
the words "specified in", by striking out the words "W.Va. Code
§60-8-6", and inserting in lieu thereof the words "W.Va. Code
§60-7-6(a)";
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On page twelve, section 4.11.5, line two, following the words
"ten (10:00)", by striking out the words "p.m. cold", and inserting
in lieu thereof the words "p.m. Cold";
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And,
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On page thirteen, section 4.14.3, line one, following the word
"Commissioner" and the comma, by inserting the word "receive".
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(c) The legislative rule filed in the state register on the
twenty-second day of February, two thousand, authorized under the
authority of section six, article three-a, chapter sixty, of this
code, modified by the alcohol beverage control commissioner to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-ninth day of January,
two thousand one, relating to the alcohol beverage control
commissioner (licensing of retail liquor stores, 175 CSR 5), is
authorized.
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NOTE: The purpose of this bill is to authorize the Alcohol
Beverage Control Commissioner to promulgate a legislative rule
relating to the Licensing of Retail Liquor Stores.
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Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.