HB5295 HFAT Phillips 2-13

Wiseman 3295

Delegate Phillips moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Committee Substitute for H. B. 5295 -- "A BILL to amend and reenact §8-12-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-7-2a, §60-7-8a, and §60-7-8g of said code, all relating to expressly authorizing a private outdoor designated area to simultaneously host multiple qualified permit holders;  providing that private outdoor designated areas may simultaneously host multiple qualified permit holders; providing that the dual licensing of private fairs and festivals simultaneous to other qualified permit holders is permissible; defining a term; providing that any Class A, Class B, or Class S2 license holder that has received a Class S4 license can operate as a qualified permit holder within a private outdoor designated area; providing that qualified permit holders within a private outdoor designated area do not share liability or responsibility; removing a provision requiring qualified permit holders to execute an agreement stating that all qualified permit holders are jointly and severally liable for any improper acts or conduct; providing that the holder of a Class A, Class B, or Class S2 license is eligible to be a qualified permit holder subject to the private outdoor designated area hours of operation and not to private club hours of operation; providing that the holder of a Class A, Class B, or Class S2 license is eligible to be a qualified permit holder without meeting and being subject to all private club license type requirements; providing that the commissioner shall enforce certain code violations by qualified permit holders against their permit and their Class A, Class B, or Class S2 license."

Adopted

Rejected