H. B. 2466

(By Delegates Doyle and Manuel)

[Introduced February 13, 1995; referred to the

Committee on the Judiciary then Finance.]

A BILL to amend and reenact section six, article three-a, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to including increasing competition as a rationale for increasing the number of licensees.

Be it enacted by the Legislature of West Virginia:
That section six, article three-a, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:


§60-3A-6. General powers and duties of board and commissioner.

(a) The board shall create, based on economic and demographic factors, market zones within the state for the issuance of Class A and Class B retail licenses, and, if deemed necessary or desirable by the board, to create one or more designated areas within such market zones for the issuance of Class B retail licenses.
(b) The commissioner shall:
(1) Prescribe application forms for persons desiring to acquire retail licenses and adopt an orderly procedure and timetable for investigating, processing and approving applications;
(2) Develop a form of retail license to be issued to each retail licensee under the provisions of this article;
(3) Disseminate to the public information relating to the issuance of retail licenses;
(4) Promulgate standards for advertising the sale, availability, price and selection of liquor;
(5) Enforce the provisions of this article;
(6) Impose civil penalties upon retail licensees;
(7) Enter the retail outlet of any retail licensee at reasonable times for the purpose of inspecting the same, and determining the compliance of such retail licensee with the provisions of this article and any rules promulgated by the board or the commissioner pursuant to the provisions of this article; and
(8) Issue subpoenas and subpoenas duces tecum for the purpose of conducting hearings under the provisions of section twenty-six or section twenty-eight 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 such section was set forth in extenso herein.
(c) The board and the commissioner shall each:
(1) Engage accounting, legal and other necessary professional consultants to assist them in carrying out their respective duties under this article; and
(2) Adopt, amend, or repeal such procedural, interpretive and legislative rules, consistent with the policy and objectives of this article, as they may deem necessary or desirable for the public interest in carrying out the provisions of this article. Such rules shall be adopted, amended and repealed in accordance with the provisions of chapter twenty-nine-a of this code; and
(3) Ensure sufficient competition among retailers by increasing, if necessary, the number of licenses available in any market.

NOTE: the purpose of this bill is to insure adequate competition by permitting an increase in the number of licenses.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.