H. B. 3308
(By Delegates Spencer, Caputo, Trump, Hrutkay,
Campbell, Varner, Leach, Marshall, Wells,
Webster and Moore)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-7-4 of the Code of West Virginia,
1931, as amended, relating to private clubs; and deleting
provision that allowed private clubs segregated on the basis
of race or color to obtain license to sell alcoholic liquors.
Be it enacted by the Legislature of West Virginia:
That §60-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4. Application for license; information required;
verification; application to be accompanied by
fees; bond; college fraternities and sororities
ineligible for license; racial discrimination by
(a) Application for a license to operate a private club shall
be made on such form as may be prescribed by the Commissioner and
(1) The name of the applicant;
an unincorporated association, the names and addresses of the members of its governing board;
a corporation, the names and
addresses of its officers and directors;
(4) The place at which
applicant will conduct its
operations and whether the same is owned or leased by the
(5) The number of members of the applicant;
(6) The name or names of any national organizations with which
applicant is affiliated and the nature of such affiliation;
(7) The size and nature of the dining and kitchen facilities
operated by applicant; and
(8) Such other information as the Commissioner may reasonably
require which shall include, but not be limited to, the criminal
records, if any, of each member of the applicant's governing board
and/or its officers and directors who have been convicted of a
felony or a crime involving moral turpitude.
application shall be verified by each member of
the governing board of the applicant if an unincorporated
association or, if the applicant
a corporation, by each of
its officers and all members of its board of directors.
application shall be accompanied by the license fee hereinafter
prescribed and by a bond of the applicant in the penal sum of five
thousand dollars with a corporate surety authorized to transact
business in the State of West Virginia, payable to the State of
West Virginia, which bond shall be conditioned on the payment of
all fees herein prescribed and on the faithful performance of and compliance with the provisions of this article.
(c) Under no circumstance
any college fraternity or
sorority be issued a license to operate a private club.
(d) No license to operate a private club will be issued to
applicants who discriminate against any person or group of persons
because of race or color of such person or group of persons.
clubs as defined in clauses (1) and (2), subdivision (a), section
two of this article.
NOTE: The purpose of this bill is to eliminate the provision
that allowed private clubs segregated on the basis of race or color
to obtain a license to sell alcoholic beverages.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would