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Introduced Version House Bill 2097 History

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H. B. 2097

 

         (By Delegate Doyle)

         [Introduced January 12, 2011; referred to the

         Committee on the Judiciary.]

 

 

 

 

A BILL to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended, relating to permitting the sale of nonintoxicating beer within three hundred feet from a church that consents to the sale.

Be it enacted by the Legislature of West Virginia:

    That §11-16-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 16. NONINTOXICATING BEER.

§11-16-8. Form of application for license; fee and bond; refusal of license.

    (a) A license may be issued by the commissioner to any person who submits an application therefor, accompanied by a license fee, and, where required, a bond, stating under oath:

    (1) The name and residence of the applicant, the duration of such residency, that the applicant has been a resident of the state for a period of two years next preceding the date of the application and that the applicant is twenty-one years of age. If the applicant is a firm, association, partnership, limited partnership or corporation, the application shall include the residence of the members or officers for a period of two years next preceding the date of such application: Provided, That if any person, firm, partnership, limited partnership, association or corporation applies for a license as a distributor, such the person, or in the case of a firm, partnership, limited partnership or association, the members or officers thereof shall state under oath that each has been a bona fide resident of the state for four years preceding the date of such application;

    (2) The place of birth of applicant, that he or she is a citizen of the United States and of good moral character and, if a naturalized citizen, when and where naturalized; and, if a corporation organized or authorized to do business under the laws of the state, when and where incorporated, with the name and address of each officer; that each officer is a citizen of the United States and a person of good moral character; and if a firm, association, partnership or limited partnership, the place of birth of each member of the firm, association, partnership or limited partnership, and that each member is a citizen of the United States and if a naturalized citizen, when and where naturalized, each of whom must qualify and sign the application: Provided, That the requirements as to residence shall not apply to the officers of a corporation which shall apply for a retailer's license, but the officers, agent or employee who shall manage and be in charge of the licensed premises shall possess all of the qualifications required of an individual applicant for a retailer's license, including the requirement as to residence;

    (3) The particular place for which the license is desired and a detailed description thereof;

    (4) The name of the owner of the building and, if the owner is not the applicant, that such the applicant is the actual and bona fide lessee of the premises;

    (5) (A) That the place or building in which is proposed to do business conforms to all laws of health, fire and zoning regulations applicable thereto, and is a safe and proper place or building, and is not within three hundred feet of any school or church, measured from front door to front door, along the street or streets: Provided, That this requirement shall not apply to a Class B license, or to any place now occupied by a beer licensee, so long as it is continuously so occupied: Provided, however, That the prohibition against locating any such proposed business in a place or building within three hundred feet of any school shall not apply to any college or university that has notified the commissioner, in writing, that it has no objection to the location of any such proposed business in a place or building within three hundred feet of such the college or university;

    (B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for applications for licenses filed for periods beginning after June 30, 2011, where the location of the proposed business is within three hundred feet of a church, the application shall state that each of the requirements of paragraph (B), subdivision (2), subsection (c) of this section have been met;

    (6) That the applicant is not incarcerated and has not during the five years immediately preceding the date of said application been convicted of a felony;

    (7) That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed, and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license; and

    (8) That the applicant has not during five years next immediately preceding the date of said application had a nonintoxicating beer license revoked.

    (b) The provisions and requirements of subsection (a) of this section are mandatory prerequisites for the issuance, and in the event any applicant fails to qualify under the same, license shall be refused. In addition to the information furnished in any application, the commissioner may make such additional and independent investigation of each applicant, and of the place to be occupied, as deemed necessary or advisable; and for this reason each and all applications, with license fee and bond, must be filed thirty days prior to the beginning of any fiscal year, and if application is for an unexpired portion of any fiscal year, issuance of license may be withheld for such a reasonable time as necessary for investigation.

    (c) The commissioner may refuse a license to any applicant under the provisions of this article if the commissioner shall be is of the opinion:

    (1) That the applicant is not a suitable person to be licensed;

    (2) (A) That the place to be occupied by the applicant is not a suitable place; or is within three hundred feet of any school or church, measured from front door to front door along the street or streets: Provided, That this requirement shall not apply to a Class B licensee, or to any place now occupied by a beer licensee, so long as it is continuously so occupied: Provided, however, That the prohibition against locating any such place to be occupied by an applicant within three hundred feet of any school shall not apply to any college or university that has notified the commissioner, in writing, that it has no objection to the location of any such place within three hundred feet of such the college or university; or

    (B) That the requirements of this paragraph are not met. Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for applications for licenses filed for periods beginning after June 30, 2011, the location of the place or building in which a licensee or applicant does or proposes to do business not otherwise exempted pursuant to paragraph (A) may be within three hundred feet of a church if the following requirements are met:

    (i) The governing body of the church has notified the commissioner, in writing, that it has no objection to the operation and location of the business proposed by the applicant in a place or building within three hundred feet of the church;

    (ii) The applicant provided information about the outside appearance and floor plan of the business location to the governing body of the church prior to gaining the church’s approval;

    (iii) The business has been in operation by the applicant or the applicant’s predecessor in interest in the business at the location for at least one year prior to making application;

    (iv) During the period of beer licensure, no video lottery machines are operated at the location unless video lottery machines were duly operated at the location by the applicant or the applicant’s predecessor in interest in the business on the effective date of the amendment and reenactment of this section in 2011; and

    (v) The governing body of the church has not rescinded its approval of the operation and location of the business within three hundred feet of the church, which the governing body is authorized to do effective one year after the issuance of the license and each successive anniversary thereafter; or

    (3) That the license should not be issued for reason of conduct declared to be unlawful by this article.


 

    NOTE: The purpose of this bill is to permit a beer licensee to locate within three hundred feet of a church if agreed to by the church under certain circumstances.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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