H. B. 2282
(By Delegates Douglas, Faircloth,
Staton and Givens)
[Introduced February 19, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article seven, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section four-b,
relating to the alcoholic beverage control commissioner;
requiring site authorization for proposed sites for private
establishments in unincorporated areas intended to sell
alcoholic beverages; requiring commissioner or his or her
representative to visit the proposed site; requiring applicant
to demonstrate certain criteria exists relative to the site
proposal; requiring commissioner publish notice of the
proposed site and hold a hearing in order to receive public
comment; requiring applicant to pay costs of publication and
the hearing; providing that the grant of site authorization
does not entitle an applicant to the issuance of a license;
and, providing a grandfather clause for existing
establishments.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four-b,
to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4b. Presite authorization for businesses to sell alcoholic
beverages; notice and hearing; grandfather clause.
No person may construct, lease, locate, place or maintain any
private establishment intended for the sale of alcoholic beverages
in any unincorporated area in this state without first obtaining
presite authorization from the commissioner:
Provided, That the
fulfillment of the requirements of this section shall first be
accomplished before the commissioner is required to meet any
requirement as provided in any other provision of law contained in
this article. The alcohol beverage control commissioner may only
consider granting presite authorization if:
(1) The applicant provides 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
primarily used for business purposes;
(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.
Before the commissioner may grant presite approval, the
commissioner or his or her designated representative shall visit
and inspect the site. The commissioner shall also cause to be
published in a qualified newspaper of general circulation,
published in the area in which the proposed private establishment
is to be located, a Class III legal advertisement setting forth the
name of the applicant, a description of the proposed business and
the address of the proposed business. The advertisement shall also
request that interested persons submit written comments on the
proposed business to the alcohol beverage control commissioner for
his or her consideration in determining whether to grant presite
authorization. The advertisement shall, additionally, designate a
time and a place within a ten-mile radius of the proposed site for
a public hearing before the commissioner or his or her
representative in order to receive further public comment from
interested individuals.
The alcohol beverage control commissioner shall require the
applicant to pay a reasonable fee designed to cover publication
costs and other costs associated with providing a location for the
hearing.
After inspecting the site and receiving public comment the
commissioner shall decide whether to grant presite authorization
for the proposed site:
Provided, That the granting of presite
authorization does not create any property right or otherwise entitle the applicant to the issuance of a license by the
commission:
Provided, however, That upon the granting of presite
authorization the applicant shall be required to meet all other
requirements required by the commissioner before he or she may be
issued a license under this article.
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.
On or before the first day of July, two thousand one, the
commissioner shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to effectuate the provisions of this
section.
NOTE: The purpose of this bill is to require site
authorization for proposed sites for private establishments in
unincorporated areas intended to sell alcoholic beverages. It
establishes procedures, including provision for public comment. It
provides a grandfather clause for existing establishments.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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