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Introduced Version House Bill 2388 History

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H. B. 2388

 

         (By Delegate Fragale)

         [Introduced January 12, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

 

A BILL to amend and reenact §60-3A-18 and §60-3A-25 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-7-12 of said code, all relating to allowing the legal sale of liquor and wine on Sunday to be the same hours as prescribed for the sale of beer on Sunday.

Be it enacted by the Legislature of West Virginia:

    That §60-3A-18 and §60-3A-25 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and to amend and reenact §60-7-12 of said code, all to read as follows:

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSES.

§60-3A-18. Days and hours retail licensees may sell liquor.

    Retail licensees may not sell liquor from two o’clock a.m. to one o’clock p.m. on Sundays. Retail licensees also may not sell liquor on Christmas or election day, or between the hours of twelve midnight and eight o'clock a.m., except that wine and fortified wines may be sold on such days and at such times as authorized in section thirty-four, article eight of this chapter.

§60-3A-25. Certain acts of retail licensees prohibited; criminal penalties.

    (a) It is unlawful for any retail licensee, or agent or employee thereof, on such retail licensee's premises to:

    (1) Sell or offer for sale any liquor other than from the original package or container;

    (2) Sell, give away, or permit the sale of, gift of, or the procurement of, any liquor, for or to any person under twenty-one years of age;

    (3) Sell, give away, or permit the sale of, gift of, or the procurement of, any liquor, for or to any person visibly intoxicated;

    (4) Sell or offer for sale any liquor on any Sunday or other than during the hours permitted for the sale of liquor by retail licensees as provided under this article;

    (5) Permit the consumption by any person of any liquor;

    (6) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any liquor;

    (7) Permit any person under eighteen years of age to sell, furnish or give liquor to any other person;

    (8) Purchase or otherwise obtain liquor in any manner or from any source other than that specifically authorized in this article; or

    (9) Permit any person to break the seal on any package or bottle of liquor.

    (b) Any person who violates any provision of this article, except section twenty-four of this article, including, but not limited to, any provision of this section, or any rule promulgated by the board or the commissioner, or who makes any false statement concerning any material fact, or who omits any material fact with intent to deceive, in submitting an application for a retail license or for a renewal of a retail license or in any hearing concerning the suspension or revocation thereof, or who commits any of the acts declared in this article to be unlawful, is guilty of a misdemeanor and, shall, upon conviction thereof, for each offense be fined not less than $100 or more than $5,000, or imprisoned in the county jail for not less than thirty days nor more than one year, or both fined and imprisoned. Magistrates have concurrent jurisdiction with the circuit courts for offenses under this article.

    (c) Nothing in this article, or any rule of the board or commissioner, prevents or prohibits any retail licensee from employing any person who is at least eighteen years of age to serve in any retail licensee's lawful employment at any retail outlet operated by such retail licensee, or from having such person sell or deliver liquor under the provisions of this article. With the prior approval of the commissioner, a retail licensee may employ persons at any retail outlet operated by such retail licensee who are less than eighteen years of age but at least sixteen years of age, but such persons' duties shall not include the sale or delivery of liquor: Provided, That the authorization to employ such persons under the age of eighteen years shall be clearly indicated on the retail license issued to any such retail licensee.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-12. Certain acts of licensee prohibited; criminal penalties.

    (a) It is unlawful for any licensee, or agent, employee or member thereof, on such licensee's premises to:

    (1) Sell or offer for sale any alcoholic liquors other than from the original package or container;

    (2) Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice, gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine;

    (3) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of nonintoxicating beer, wine or alcoholic liquors on the licensee's premises, by any person less than twenty-one years of age;

    (4) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of nonintoxicating beer, wine or alcoholic liquor or the use of drugs;

    (5) Sell, give or dispense beer, nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of three o'clock a.m. and one o'clock p.m. on any Sunday;

    (6) Permit the consumption by, or serve to, on the licensed premises any nonintoxicating beer, wine or alcoholic liquors, covered by this article, to any person who is less than twenty-one years of age;

    (7) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;

    (8) Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such member;

    (9) Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption except as authorized by the commissioner;

    (10) (A) Employ any person who is less than eighteen years of age in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person;

    (B) Employ any person who is between the ages of eighteen and twenty-one who is not directly supervised by a person aged twenty-one or over in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person; or

    (11) Violate any reasonable rule of the commissioner.

    (b) It is unlawful for any licensee to advertise in any news media or other means, outside of the licensee's premises, the fact that alcoholic liquors may be purchased thereat.

    (c) Any person who violates any of the foregoing provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or imprisoned in jail for a period not to exceed one year, or both fined and imprisoned.

 

 

 

    NOTE: This bill shall allow the legal sale of liquor and wine on Sunday to be the same hours as prescribed for the sale of beer on Sunday.


    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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