H. B. 2804

                        (By Delegates Espinosa, Manchin, Skinner, Miller, Caputo,

                        Longstreth, Ferro, Campbell, Westfall, Hartman and Upson)

                        [Introduced February 18, 2015; referred to the

                        Committee on the Judiciary.]

A BILL to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-34 of said code, all relating to the sale of alcoholic beverages on Sundays by private licensees; authorizing licensed private clubs to sell nonintoxicating beer, wine and alcoholic liquors between the hours of ten thirty a.m. and one p.m. on Sundays; and authorizing a licensed private bed and breakfast, private wine restaurant or private wine spa to sell wine for consumption on the licensed premises between the hours of ten thirty a.m. and one p.m. on Sundays.

Be it enacted by the Legislature of West Virginia:

            That §60-7-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §60-8-34 of said code be amended and reenacted, all to read as follows:

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 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. ten thirty a.m. on any Sunday, or between the hours of three o'clock a.m. and seven o’clock a.m. on any weekday or Saturday;

            (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 there.

            (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 confined in the county jail for a period not to exceed more than one year, or both fined and imprisoned confined.

ARTICLE 8. SALE OF WINES.

§60-8-34. When retail sales prohibited.

            It shall be is unlawful for a retailer, farm winery, wine specialty shop retailer, private wine bed and breakfast, private wine restaurant or private wine spa licensee, his or her servants, agents or employees to sell or deliver wine between the hours of two o'clock a.m. and one o'clock p.m. on Sundays, or between the hours of two o'clock a.m. and seven o'clock a.m. on weekdays and Saturdays: Provided, That a private wine bed and breakfast, a private wine restaurant or private wine spa licensee may sell wine for consumption on the licensee’s premises between the hours of ten thirty o’clock a.m and one o’clock p.m. on Sundays.

            NOTE: The purpose of this bill is to permit the sale of wine and other legal beverages by private clubs and the sale of wine by private wine bed and breakfasts, private wine restaurants or private wine spa licensees between the hours of ten thirty o’clock a.m. and one o’clock p.m. on Sundays.

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