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.