Senate Bill No. 55
(By Senator Chafin)
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[Introduced January 13, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section fifteen, article two, chapter
sixty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing
advertising signs to be affixed to the exterior of a
premises leased to a retail beer or private club licensee.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article two, 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 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-15. Regulation of advertising.
The commission shall prescribe
regulations rules governing
the advertising of alcoholic liquors in this state. The
regulations rules shall prohibit advertising that encourages
intemperance, induces minors to purchase, or tends to deceive or misrepresent.
The commissioner may not prohibit advertising
signs affixed to the exterior of any premises for which a tenant
holds a private club license under article seven of this chapter
or holds a Class A retail beer license under article sixteen,
chapter eleven of this code: Provided, That: (a) The owner of
the premises is not the licensee or an affiliate of the licensee;
(b) the licensee receives no compensation or other direct or
indirect benefit as a result of the presence of the advertising
sign; and (c) the advertising sign otherwise complies with all
rules promulgated by the commissioner governing the advertising
of alcoholic liquors and nonintoxicating beers.
NOTE: The purpose of this bill is to allow beer and
alcoholic liquor advertisements on the exterior of leased private
clubs and Class A beer establishments so long as the licensee/
tenant receives no compensation for the advertisement and the
content of the advertisement otherwise complies with the rules of
the commissioner.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.