ENROLLED
H. B. 2825
(By Delegates Spencer, Moore and Marshall)
[Passed March 9, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §60-7-4 of the Code of West Virginia,
1931, as amended, relating to private clubs; and deleting
provision that allowed private clubs segregated on the basis
of race or color to obtain license to sell alcoholic liquors.
Be it enacted by the Legislature of West Virginia:
That §60-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4. Application for license; information required;
verification; application to be accompanied by
fees; bond; college fraternities and sororities
ineligible for license; racial discrimination by
applicants prohibited.
(a) Application for a license to operate a private club shall
be made on such form as may be prescribed by the Commissioner and shall include:
(1) The name of the applicant;
(2) If the applicant is an unincorporated association, the
names and addresses of the members of its governing board;
(3) If the applicant is a corporation, the names and addresses
of its officers and directors;
(4) The place at which the applicant will conduct its
operations and whether the same is owned or leased by the
applicant;
(5) The number of members of the applicant;
(6) The name or names of any national organizations with which
applicant is affiliated and the nature of such affiliation;
(7) The size and nature of the dining and kitchen facilities
operated by applicant; and
(8) Such other information as the Commissioner may reasonably
require which shall include, but not be limited to, the criminal
records, if any, of each member of the applicant's governing board
and/or its officers and directors who have been convicted of a
felony or a crime involving moral turpitude.
(b) The application shall be verified by each member of the
governing board of the applicant if an unincorporated association
or, if the applicant is a corporation, by each of its officers and
all members of its board of directors. The application shall be
accompanied by the license fee hereinafter prescribed and by a bond of the applicant in the penal sum of five thousand dollars with a
corporate surety authorized to transact business in the State of
West Virginia, payable to the State of West Virginia, which bond
shall be conditioned on the payment of all fees herein prescribed
and on the faithful performance of and compliance with the
provisions of this article.
(c) Under no circumstance may any college fraternity or
sorority be issued a license to operate a private club.
(d) No license to operate a private club will be issued to
applicants who discriminate against any person or group of persons
because of race or color of such person or group of persons.
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