Introduced Version
Senate Bill 152 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 152
(By Senators Unger, Laird and Stollings)
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[Introduced February 14, 2013; referred to the Committee on the
Judiciary .]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60-3A-3b; to amend
and reenact §60-3A-4 of said code; and to amend said code by
adding thereto a new section, designated §60-7-9, all relating
to requiring certain employees of licensed private clubs and
retail outlets selling alcoholic beverages to take the
Techniques for Education and Alcohol Management course, the
Training for Intervention Procedures course, alcohol awareness
programs provided by the American Hotel and Lodging
Association or the National Restaurant Association or other
similar alcohol awareness education courses provided or
approved by the Alcohol Beverage Control Commissioner;
allowing for the training to be done onsite by a manager or
supervisor; and providing legislative rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60-3A-3b; that §60-3A-
4 of said code be amended and reenacted; and that said code be
amended by adding thereto a new section, designated §60-7-9, all to
read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-3b. Mandatory training for retail outlet employees.
(a) Any point of sale employee of a retail outlet licensed
pursuant to the provisions of this article, who is hired on or
after July 1, 2013, shall participate in the techniques for
education and alcohol management program (TEAM), the training for
intervention procedures course (TIPS), alcohol awareness programs
provided by the American Hotel and Lodging Association or the
National Restaurant Association or other similar alcohol awareness
education programs provided or approved by the commissioner, within
sixty days of commencing employment and at least once every three
years thereafter. Any point of sale employee who was employed
prior to July 1, 2013, shall participate in one of the training
programs specified in this section or other similar programs
provided or approved by the commissioner before July 1, 2014, and
at least once every three years thereafter.
(b) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
this section. These rules shall provide that the training may be
offered to point of sale employees by a supervisor or manager or
someone designated by the supervisor or manager to provide the
training once these individuals have successfully completed the
course and can offer the required training on-site without
requiring the point of sale employee to attend off-site training.
§60-3A-4. Definitions.
(a) "Active retail license" means a current license for a
retail outlet that has been open and in continuous operation for a
period of not less than twelve months prior to July 1, 2010, or
July 1 every ten years thereafter.
(b) "Active retail licensee" means a person who holds an
active retail license at the time of the effective date of the
amendments to this section during the first extraordinary session
of the Legislature in 2009 or that person's successor or any person
who holds an active retail license when it expires at the end of a
ten-year period.
(c) "Applicant" means any person who elects to pay a purchase
option for a Class A retail license, who bids for a retail license
or who seeks the commissioner's approval to purchase or otherwise
acquire a retail license from a retail licensee, in accordance with the provisions of this article.
(d) "Application" means the form prescribed by the
commissioner which must be filed with the commissioner by any
person bidding for a retail license.
(e) "Board" means the Retail Liquor Licensing Board created by
this article.
(f) "Class A retail license" means a retail license permitting
the retail sale of liquor at a freestanding liquor retail outlet.
(g) "Class B retail license" means a retail license permitting
the sale of liquor at a mixed retail liquor outlet.
(h) "Commissioner" means the West Virginia Alcohol Beverage
Control Commissioner as set forth in article 2 of this chapter.
____(h)(i) "Current retail licensee" means a person who holds a
retail license at the time of the effective date of the amendments
to this section during the first extraordinary session of the
Legislature in 2009 or that person's successor or any person who
holds a retail license when it expires at the end of a ten-year
period.
(i) (j) "Designated areas" means one or more geographic areas
within a market zone designated as such by the board.
(j) (k) "Executive officer" means the president or other
principal officer, partner or member of an applicant or retail
licensee, any vice president or other principal officer, partner or member of an applicant or retail licensee in charge of a principal
business unit or division, or any other officer, partner or member
of an applicant or retail licensee who performs a policy-making
function.
(k) (l) "Freestanding liquor retail outlet" means a retail
outlet that sells only liquor, beer, nonintoxicating beer and other
alcohol-related products, including tobacco-related products.
(l) (m) "Liquor" means alcoholic liquor as defined in section
five, article one of this chapter and also includes both wine and
fortified wines as those terms are defined in section two, article
eight of this chapter.
(m) (n) "Liquor sampling event" means an event approved by the
commissioner, for a Class A retail licensee to hold a liquor
sampling authorized pursuant to section three-a of this article.
(n) (o) "Market zone" means a geographic area designated as
such by the board for the purpose of issuing retail licenses.
(o) (p) "Mixed retail liquor outlet" means a retail outlet
that sells liquor, beer, nonintoxicating beer and other
alcohol-related products, including tobacco-related products, in
addition to convenience and other retail products.
(p) (q) "Person" means an individual, firm, corporation,
association, partnership, limited partnership, limited liability
company or other entity, regardless of its form, structure or nature.
(r) "Point of sale employee" means an employee of a retail
outlet as defined in this section or a private club as defined in
subsection (a), section two, article seven of this chapter at the
place where the sale or purchase of liquor is made.
____(q) (s) "Retail license" means a license issued under the
provisions of this article permitting the sale of liquor at retail.
(r) (t)"Retail licensee" means the holder of a retail license.
(s) (u) "Retail outlet" means a specific location where liquor
may be lawfully sold by a retail licensee under the provisions of
this article.
(t) (v) "Sampling day" means any days and hours of the week
where retail licensees may sell liquor pursuant to section
eighteen, article three-a, chapter sixty of this code for a Class
A retail licensee to conduct a liquor sampling event.
(u) (w) "West Virginia product" means all liquor types and
classes as approved by the commissioner and maintained on the ABCA
retail liquor product list.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-9. Mandatory training for private club employees.
(a) Any employee of a private club licensed pursuant to the
provisions of this article, who serves alcohol and who is hired on
or after July 1, 2013, shall participate in the techniques for education and alcohol management program (TEAM), the training for
intervention procedures course (TIPS), alcohol awareness programs
provided by the American Hotel and Lodging Association or the
National Restaurant Association or other similar alcohol awareness
education programs provided or approved by the commissioner, within
sixty days of commencing employment and at least once every three
years thereafter. Any employee who serves alcohol and who was
employed prior to July 1, 2013, shall participate in one of the
training programs specified in this section or other similar
programs provided or approved by the commissioner before July 1,
2014, and at least once every three years thereafter.
(b) The commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
this section. These rules shall provide that the training may be
offered to point of sale employees by a supervisor or manager or
someone designated by the supervisor or manager to provide the
training once these individuals have successfully completed the
course and can offer the required training on-site without
requiring the point of sale employee to attend off-site training.
NOTE: The purpose of this bill is to require certain employees of licensed private clubs and retail outlets selling alcoholic
beverages to take the techniques for education and alcohol
management course, the training for intervention procedures course,
alcohol awareness programs provided by the American Hotel and
Lodging Association or the National Restaurant Association or other
similar alcohol awareness education courses provided or approved 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.
§60-3A-3b and §60-7-9 are new; therefore, strike-throughs and
underscoring have been omitted.