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Introduced Version House Bill 3308 History

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hb3308 intr
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 applicants prohibited.

(a) Application for a license to operate a private club shall be made on such form as may be prescribed by the Commissioner and shall include:
(1) The name of the applicant;
(2) If such the applicant be is an unincorporated association, the names and addresses of the members of its governing board;
(3) If such the applicant be is a corporation, the names and addresses of its officers and directors;
(4) The place at which such the applicant will conduct its operations and whether the same is owned or leased by the applicant;
(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.
(b) Such The application shall be verified by each member of the governing board of the applicant if an unincorporated association or, if the applicant be is a corporation, by each of its officers and all members of its board of directors. Such The 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 shall may 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. except 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 be added.
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