SENATE CONCURRENT RESOLUTION NO. 26
(By Senators Anderson, Ross, Blatnik, Craigo, Love, Oliverio,
Plymale, Sharpe, Walker, Dugan, Scott and Yoder)
Requesting the joint committee on government and finance to
undertake a study and conduct public hearings on changes in
market zones for Class A and Class B retail liquor licenses
and criteria for issuance of Class A and Class B liquor
licenses in the state upon the expiration of current licenses
on June 30, 2000.
Whereas, The state retail liquor license act, enacted in the
regula session of the Legislature in the year 1990, established
market zones and criteria for the issuance of retail liquor
licenses, including a process for awarding licenses that are valid
until June 30, 2000; and
Whereas, Said retail liquor license act established market
zones for Class A and Class B retail liquor licenses based on
economic, geographic and demographic factors to satisfy reasonable
consumer concerns of availability and price and continue revenue to
the state from the sale of liquor; and
Whereas, The Class A and Class B retail liquor licenses
established by and issued pursuant to the state retail liquor license act in accordance with the market zones therein
provided,expire as of July 1, 2000; and
Whereas, There have been many changes in economic, geographic
and demographic factors that influenced the determination of
original market zones, and the numbers of retail liquor licenses in
such market zones and it is likely that there will be other changes
in economic, geographic and demographic factors prior to the
expiration of the current retail liquor license; and
Whereas, There needs to be an evaluation of current economic,
geographic and demographic factors for the purpose of establishing
market zones and issuing new retail liquor licenses on or about
July 1, 2000, upon the expiration of all current licenses, that are
relevant to meeting the objectives of state control of wholesale
sales of liquor, adequate protection of the health and welfare of
the citizens of the state through the licensing and control of
retail licenses, satisfaction of reasonable consumer concerns of
availability and price, and the continuation of revenues to the
state; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to review, examine and study the current configuration of
retail liquor license market zones in light of increase in the
number of Class A and Class B retail liquor licenses is warranted,
the process by which new Class A and Class B retail liquor licenses shall be awarded and for what duration such new licenses shall
exist, and whether or not one applicant for a retail liquor license
shall be limited as to the number of licenses he may be issued;
and, be it
Further Resolved, That there be appointed an advisory
committee to aid and assist the joint committee on government and
finance in such review, examination and study, consisting of three
members of the Senate appointed by the president of the Senate,
three members of the House of Delegates appointed by the speaker of
the House, two current Class B retail liquor licenses, two current
Class A retail liquor licenses, the commissioner of the alcoholic
beverage control commission and the secretary of the department of
tax and revenue or his appointee, who shall serve as chairperson of
the advisory committee; and, be it
Further Resolved, That such advisory committee shall commence
its work and report thereon to the joint committee on government
and finance in accordance with directives of the chair of said
joint committee; and, be it
Further Resolved, That the work of the advisory committee be
completed and the joint committee on government and finance report
to the regular session of the Legislature, 1999, on its findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft the necessary legislation
be paid from legislative appropriations to the joint committee on
government and finance.