House Bill No. 4629
(By Delegate Houston (By Request))
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[Introduced February 23, 2000; referred to the
Committee on the Judiciary.]
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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
same; 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 licensee or agent, employee or
member thereof, on such 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, 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 private club or a guest of such 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
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 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 licensee to advertise in any news
media or other means, outside of the licensee's premises, the
fact that alcoholic liquors may be purchased thereat.
(c) Effective the first day of July, two thousand, it is
unlawful for any licensee to offer nude dancing as entertainment.
As used in this subsection, the term "nude" or "state of
nudity" means:
(1) The appearance of human bare buttocks, anus, male
genitals, female genitals or the areola or nipple of the female
breast; or
(2) A state of dress which fails to opaquely and fully cover
human buttocks, anus, male or female genitals, pubic region or
the areola or nipple of the female breast.
On or before the first day of July, two thousand, 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 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 facility 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.
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