SB 63 Text

Senate Bill No. 63
(By Senator Lucht)
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[Introduced February 16, 1993; referred
to the Committee on the Judiciary.]
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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen, relating to allowing county commissions to require citing permits for businesses involved in the sale of alcoholic beverages; establishing a permit fee; excluding certain businesses; and providing a penalty for violations.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen, to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-13. Authority to require citing permits for businesses which sell alcoholic beverages; penalty.

The county commission may require by order entered of record that no person may construct, lease, locate, place or maintainany establishment or business within the county which includes the sale of alcoholic beverages without obtaining a citing permit for the business from the county commission. The county commission shall issue the citing permit if:
(1) The applicant provides the commission with proof that the applicant meets or exceeds the licensing provisions of the alcohol beverage control commissioner;
(2) The proposed business will be located within an area in which other businesses are located;
(3) The proposed business will be located in an area serviced by two lane access roads; and
(4) The proposed business will be located in an area in which the sale of alcoholic beverages will not detract from the peaceful and quiet enjoyment of living in residential neighborhoods. A fee not exceeding twenty dollars, to be fixed by the county commission by order entered of record, may be charged for the issuance of a citing permit. All fees collected shall be placed in the county treasury.
The provisions of this section do not affect businesses which were licensed prior to the effective date of this section but they do apply to any change in status of the business after the effective date of this section.
Any person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars. Magistrates have concurrent jurisdiction with courts ofrecord with criminal jurisdiction of any offense under this section.

NOTE: The purpose of this bill is to allow county commissions to require citing permits for businesses which involve the sale of alcoholic beverages. The bill also establishes citing criteria and it provides a penalty for violations.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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