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Introduced Version House Bill 4118 History

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Key: Green = existing Code. Red = new code to be enacted
hb4118 intr
H. B. 4118


(By Delegates Fleischauer, Marshall, Beach,
Shook, Varner, Manchin, Sumner, Longstreth,
Pino, Palumbo and Hatfield)
[Introduced January 21, 2008; referred to the
Committee on Government Organization then the Judiciary.]


A BILL to amend and reenact §60-7-10 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commissioner to enter into cooperative agreements for assistance with state, county and municipal police officers to investigate and enforce the laws relative to the sale of alcoholic beverages.

Be it enacted by the Legislature of West Virginia:
That §60-7-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-10. Duties and powers of commissioner.

The commissioner is hereby authorized:
(a) To enforce the provisions of this article.
(b) To enter the premises of any licensee at reasonable times for the purpose of inspecting the same, and determining the compliance of said licensee with the provisions of this article and any rules and regulations promulgated by the commissioner pursuant to the provisions of this article: Provided, That the commissioner is authorized and encouraged to reach cooperative agreements for assistance with the State Police, county sheriff's departments, university law enforcement or municipal police departments in this state for the purposes of enforcing the laws and otherwise insuring compliance with the requirements of this chapter.
(c) To promulgate such reasonable rules and regulations as may be necessary for the execution and enforcement of the provisions of this article, which may include, but shall not be limited to, the hours during which licensees may sell alcoholic liquors and the use, handling, service and sale of such alcoholic liquors. Such The rules and regulations shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of the code in like manner as if said article three of said chapter twenty-nine-a were set forth in extenso in this subdivision.
(d) To issue subpoenas and subpoenas duces tecum for the purposes of conducting hearings under the provisions of section thirteen of this article, which subpoenas and subpoenas duces tecum shall be issued in the time, for the fees, and shall be enforced in the manner specified in section one, article five, chapter twenty-nine-a of this code with like effect as if said section one were set forth in extenso in this subdivision.
The authority granted in subdivisions (a), (b) and (d) of this section may also be exercised by the duly authorized agents of the commissioner.

NOTE: The purpose of this bill is to
authorize the Alcohol Beverage Control Commissioner to enter into cooperative agreements for assistance with state, county, and municipal police officers and university law enforcement to investigate and enforce the laws relative to the sale of alcoholic beverages.

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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