H. B. 2306
(By Delegates Facemyer, Evans and Mezzatesta)
[Introduced February 1, 1995; referred to the
Committee on Political Subdivisions.]
A BILL to amend article three-a, chapter sixty of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve-a; and to amend and reenact section eighteen, article
four of said chapter, all relating to the authorization of
municipal corporations to impose a fee upon retail
Be it enacted by the Legislature of West Virginia:
That article three-a, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twelve-a; and that section eighteen, article four of said chapter
be amended and reenacted, all to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-12a. Municipal fee.
Any municipality in this state is hereby authorized to levy
a fee for revenue purposes only upon any licensees whose premises
are situate within the municipality, which fee shall not exceed
the amount of the license fee levied by this state under the
provisions of section twelve, article three-a, chapter sixty of
this code. Any municipality is hereby authorized and empowered
to enact and adopt ordinances necessary for the collection and
enforcement of the fee.
ARTICLE 4. LICENSES.
§60-4-18. Taxation, etc., of licensees by municipal
A municipal corporation shall not impose a fee or a special
tax as a condition upon the exercise of a license issued under
the provisions of this
NOTE: The purpose of this bill is to authorize the
imposition of a municipal license for the retail sale of
alcoholic liquors sold by retail licensees pursuant to the
provisions of article three-a, chapter sixty of said code; and to correct the statutory problem noted by the West Virginia Supreme
Court of Appeals in Rite Aid of West Virginia, Inc. v. City of
Charleston, City of St. Albans, and the West Virginia Municipal
League, Inc., W.Va. , 434 S.E.2d 379 (1993).