Senate Bill No. 63
(By Senator Lucht)
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[Introduced February 16, 1993; referred
to the Committee on the Judiciary.]
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A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
thirteen, relating to allowing county commissions to require
citing permits for businesses involved in the sale of
alcoholic beverages; establishing a permit fee; excluding
certain businesses; and providing a penalty for violations.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-13. Authority to require citing permits for businesses
which sell alcoholic beverages; penalty.
The county commission may require by order entered of record
that no person may construct, lease, locate, place or maintainany establishment or business within the county which includes
the sale of alcoholic beverages without obtaining a citing permit
for the business from the county commission. The county
commission shall issue the citing permit if:
(1) The applicant provides the commission with proof that
the applicant meets or exceeds the licensing provisions of the
alcohol beverage control commissioner;
(2) The proposed business will be located within an area in
which other businesses are located;
(3) The proposed business will be located in an area
serviced by two lane access roads; and
(4) The proposed business will be located in an area in
which the sale of alcoholic beverages will not detract from the
peaceful and quiet enjoyment of living in residential
neighborhoods. A fee not exceeding twenty dollars, to be fixed
by the county commission by order entered of record, may be
charged for the issuance of a citing permit. All fees collected
shall be placed in the county treasury.
The provisions of this section do not affect businesses
which were licensed prior to the effective date of this section
but they do apply to any change in status of the business after
the effective date of this section.
Any person who violates the provisions of this section is
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than two hundred nor more than one thousand
dollars. Magistrates have concurrent jurisdiction with courts ofrecord with criminal jurisdiction of any offense under this
section.
NOTE: The purpose of this bill is to allow county
commissions to require citing permits for businesses which
involve the sale of alcoholic beverages. The bill also
establishes citing criteria and it provides a penalty for
violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.