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Introduced Version Senate Bill 248 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 248

(By Senator Boley)

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[Introduced January 21, 2004; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo ; and to amend and reenact §60-3A-2 of said code, all relating to granting counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.

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 §7-1-3oo ; and that §60-3A-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3oo. County commission authority to engage in retail liquor sales.

In addition to all other powers which county commissions now possess by law, county commissions may, upon meeting the requirements of the alcohol beverage control commissioner, own and operate one retail establishment for the sale of intoxicating liquors, wines and beer for consumption off the premises where no other retail establishment for the sale of intoxicating liquors, wines and beer for consumption off the premises is located within the county: Provided, That a county-run establishment may not exist within a thirty-mile radius of any privately owned retailer of intoxicating liquor operating in this state.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-2. Legislative findings and declarations; legislative purpose.

(a) The Legislature hereby finds and declares that the sale of liquor at retail should no longer be by the state, but rather by retail licensees; that there is a need for the state to control the wholesale sales of liquor; that the health and welfare of the citizens of this state will be adequately protected by the licensing and control of such retail licensees; that the sale of liquor through retail licensees will satisfy reasonable consumer concerns of availability and price; and that the operation and efficiency of state government will be improved by removing the state from the retail sale of liquor and permitting sales of liquor by retail licensees under licenses issued by the state together with strict enforcement of laws and rules relating to the sale of liquor: Provided, That nothing contained in this article prevents a county commission from electing to exercise the option provided in section three-oo, article one, chapter seven of this code.
(b) It is the purpose of the Legislature in providing for the retail sale of liquor to:
(1) Continue revenue to the state from the wholesale sale of liquor, by requiring all retail licensees to purchase all liquor, other than wine, from the commissioner and by further requiring all private clubs licensed under the provisions of article seven of this chapter to purchase all liquor, other than wine, from retail licensees;
(2) Provide a system of controls, through limitations on the numbers of retail outlets and application of the police power of the state, to discourage the intemperate use of liquor;
(3) Preserve and continue the tax base of counties and municipalities derived from the retail sale of liquor; and
(4) Obtain for the state financial gain from the issuance of retail licenses.


NOTE: The purpose of this bill is to grant counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§7-1-3oo is new; therefore, strike-throughs and underscoring have been omitted.
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