H. B. 3078
(By Delegates Frich, Calvert, Smirl, Sumner,
Leggett, Howard and Walters)
[Introduced
February 20, 2003
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article seven, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to prohibiting nude dancing
in private clubs licensed by the alcohol beverage control
commissioner; requiring commissioner to promulgate an
emergency legislative rule to effectuate the prohibition; and
making certain technical revisions.
Be it enacted by the Legislature of West Virginia:
That section twelve, article seven, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-12. Certain acts of licensee prohibited; criminal
penalties.
(a)
It is unlawful for any No licensee, or agent, employee or member
thereof of a licensee may, on
such the licensee's premises:
to
(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;
(2) Authorize or permit any disturbance of the peace; obscene,
lewd, immoral or improper entertainment, conduct or practice,
gambling or any slot machine, multiple coin console machine,
multiple coin console slot machine or device in the nature of a
slot machine;
(3) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors
for or to, or permit the consumption of nonintoxicating beer, wine
or alcoholic liquors on the licensee's premises, by any person less
than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors,
for or to any person known to be
deemed legally incompetent, or for
or to any person who is physically incapacitated due to consumption
of nonintoxicating beer, wine or alcoholic liquor or the use of
drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or
alcoholic liquors in or on any licensed premises or in any rooms
directly connected
therewith with the licensed premises, between
the hours of three o'clock a.m. and one o'clock p.m. on any Sunday;
(6) Permit the consumption by, or serve to, on the licensed
premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty-one
years of age;
(7) With the intent to defraud, alter, change or misrepresent
the quality, quantity or brand name of any alcoholic liquor;
(8) Sell or offer for sale any alcoholic liquor to any person
who is not a duly elected or approved dues paying member in good
standing of
said the private club or a guest of
such the member;
(9) Sell, offer for sale, give away, facilitate the use of or
allow the use of carbon dioxide, cyclopropane, ethylene, helium or
nitrous oxide for purposes of human consumption except as
authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years of
age in a position where the primary responsibility for
such the
employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen and
twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for
such the employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b)
It is unlawful for any No licensee
to may advertise in any news media or other means, outside of the licensee's premises, the
fact that alcoholic liquors may be purchased
thereat at the
licensee's premises.
(c) Effective the first day of July, two thousand three, no
licensee may offer nude dancing as entertainment.
As used in this subsection, the term "nude" means a state of
undress in which male or female genitalia or female breasts are
exposed.
On or before the first day of July, two thousand three, the
commissioner shall promulgate an emergency legislative rule
pursuant to the provisions of chapter twenty-nine-a of this code to
effectuate the provisions of this subsection.
(c) (d) Any person who violates any
of the foregoing provisions
provision of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five hundred
dollars nor more than one thousand dollars, or
imprisoned confined
in the county jail
or regional jail for a period not to exceed one
year, or both fined and
imprisoned confined.
NOTE: The purpose of this bill is to prohibit nude dancing in
private clubs licensed by the alcohol beverage control
commissioner.
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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