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Introduced Version House Bill 4510 History

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H. B. 4510

 

         (By Delegate Lane (By Request))

         [Introduced February 13, 2012; 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; to amend and reenact §29-22B-1202 of said code; amend and reenact §60-3A-16 of said code; and to amend and reenact §60-7-10 of said code, all relating to increasing the distance that certain state-regulated activities must be located from a public playground, day care facility, school or church from three hundred to two thousand feet; increasing the distance that a beer licensee must be located from a public playground, day care facility, school or church from three hundred to two thousand feet; and providing that a limited video lottery retailer licensee, a retail liquor licensee and a private club licensee may not be located within two thousand feet of a public playground, day care facility, school or church.

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; that §29-22B-1202 of said code be amended and reenacted; that §60-3A-16 of said code be amended and reenacted; and that §60-7-10 of said code be amended and reenacted, all to read as follows:

CHAPTER 11. TAXATION.

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 for a license, 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 the 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 the 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 the 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 do 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 are 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 of the place;

    (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) 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 two thousand feet of any government building, public play ground, day care facility, school or church, measured from front door to front door along the street or streets in a straight line: Provided, That this requirement shall does 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 two thousand feet of any school shall does 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 two thousand feet of such the college or university;

    (6) That the applicant is not incarcerated and has not during the five years immediately preceding the date of said the 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 the 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 considered 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) That the place to be occupied by the applicant is not a suitable place; or is within three hundred two thousand feet of any government building, public playground, day care facility, school or church, measured from front door to front door along the street or streets in a straight line: Provided, That this requirement shall does 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 two thousand feet of any school shall does 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 two thousand feet of such college or university; or

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

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 22B. LIMITED VIDEO LOTTERY.

§29-22B-1202. No limited video lottery retailer license for premises within one hundred feet of another licensed premises; no two license retailer locations within a common structure.

    (a) A limited video lottery retailer license may not be granted for operation of video lottery terminals on a premises if, at the time of application for the license, the applicant’s premises are within one hundred fifty feet of, or has an external structural connection not amounting to a common internal wall to, a premises that already has a license for video lottery terminals.

    (1) A measurement of the distance between two premises must be taken between the nearest exterior wall of each premises.

    (2) When determining common ownership, the commission shall consider direct as well as indirect ownership.

    (3) The place to be occupied by an applicant may not be located within two thousand feet of any government building, public playground, day care facility, school or church: Provided, That this provision does not apply to any college or university that has notified the commissioner, in writing, that it has no objection to the location of any limited video lottery retailer licensee within two thousand feet of the college or university: Provided, however, That the provisions of this subdivision do not apply to the location of licensees operating under a valid license on the effective date of this subdivision. The provisions of this subdivision are applicable to any current location that ceases to be licensed and an applicant applies for a new license at that location.

    (b) A premises for which a private club license to dispense alcoholic liquors, under provisions of article seven, chapter sixty of this code, or a Class A nonintoxicating beer license, under the provisions of article sixteen, chapter eleven of this code, was granted, was applied for, or the transfer of which was validly contracted for prior to January 1, 2001, is not subject to subsections (a) and (c) of this section.

    (c) No more than one restricted access adult-only facility shall hold a limited video lottery retailer license to offer video lottery terminals in any single structure under one roof.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-16. Restriction on location of retail outlets.

    No retail outlet may be located within the immediate vicinity of a school or church: Provided, That the provisions of this section shall not apply to the location of a retail licensee who, on the date of the passage of this act, holds a license for the retail sale of wine, fortified wine or nonintoxicating beer at such location two thousand feet of any government building, public playground, day care facility, school or church: Provided, That this provision does not apply to any college or university that has notified the commissioner, in writing, that it has no objection to the location of any limited video lottery retailer licensee within two thousand feet of the college or university: Provided, however, That the provisions of this section do not apply to the location of licensees operating under a valid license on the effective date of this section. The provisions of this section are applicable to any current location that ceases to be licensed and an applicant applies for a new license at that location.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-10. Duties and powers of commissioner.

    The commissioner is hereby authorized:

    (a) To enforce the provisions of this article.

    (b) To enter the premises of any licensee at reasonable times for the purpose of inspecting the same, and determining the compliance of said licensee with the provisions of this article and any rules and regulations promulgated by the commissioner pursuant to the provisions of this article.

    (c) To promulgate such reasonable rules and regulations for legislative approval as may be necessary for the execution and enforcement of the provisions of this article, which may include, but shall are not be limited to, the hours during which licensees may sell alcoholic liquors, and the use, handling, service and sale of such alcoholic liquors. Such The rules and regulations shall be promulgated proposed in accordance with the provisions of article three, chapter twenty-nine-a of the code in like manner as if said article three of said chapter twenty-nine-a were set forth in extenso in this subdivision.

    (d) To issue subpoenas and subpoenas duces tecum for the purposes of conducting hearings under the provisions of section thirteen of this article, which subpoenas and subpoenas duces tecum shall be issued in the time, for the fees, and shall be enforced in the manner specified in section one, article five, chapter twenty-nine-a of this code with like effect as if said section one were set forth in extenso in this subdivision.

    The commissioner shall refuse an application by an applicant if the place to be occupied by an applicant is located within two thousand feet of any government building, public playground, day care facility, school or church: Provided, That this provision does not apply to any college or university that has notified the commissioner, in writing, that it has no objection to the location of the place to be occupied by the applicant if within two thousand feet of the college or university: Provided, however, That the provisions of this subsection do not apply to the location of licensees operating under a valid license on the effective date of this subsection. The provisions of this section are applicable to any current location that ceases to be licensed and an applicant applies for a new license at that location.

    The authority granted in subdivisions (a), (b), and (d) of this section may also be exercised by the duly authorized agents of the commissioner.



    NOTE: The purpose of this bill is to increase the distance that a beer licensee must be located from a school or church from three hundred to two thousand feet and includes government buildings, public playgrounds and day care facilities as locations

requiring a two thousand foot distance for a beer licensee business and to provide that a limited video lottery retailer licensee, a retail liquor licensee, and a private club licensee may not be located within two thousand feet of a government building, public playground, day care facility, school or church.



    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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