H. B. 2136
(By Delegate Douglas)
[Introduced February 18, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section four-b,
relating to obtaining preapproval of site location of a
private club prior to the application process for license to
operate a private club.
Be it enacted by the Legislature of West Virginia:
That article seven, 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
four-b, to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4b. Preapproval of site prior to application for private club license.
(a) A prospective applicant for a private club license may,
prior to filing a formal application for a private club license,
submit upon a form approved by the commissioner a request for
site approval. The form shall include the following information:
(1) The planned business operation plan;
(2) The proposed size of the establishment, with the maximum
seating capacity;
(3) The proposed hours of operation;
(4) The proposed food service; and
(5) Any other business or management information deemed
necessary by the commissioner.
(b) The commissioner shall evaluate the proposed location of
the private club with respect to the impact the proposed private
club may have on the normal, orderly conduct of the affairs of
the residents or businesses in the area of the proposed location.
The commissioner shall also evaluate any detrimental effect the
issuance of an additional license in the area would have on the
interest, safety and welfare of the public. In making such
evaluation, the commissioner may consider whether the business
will be located in an area:
(1) Which is used primarily for business or other non- residential purposes;
(2) Which is served by adequate access roads to accommodate
existing and projected traffic patterns;
(3) In which the sale of alcoholic beverages will not
detract from the peaceful and quiet enjoyment of living in
residential neighborhoods;
(4) Which is governed by local zoning ordinances; and
(5) Which is affected by any other factors deemed relevant.
(c) The prospective applicant who seeks preapproval of a
site shall file for the preapproval not less than thirty days
prior to the filing of an application for license as provided for
in section four (4) of this article. The prospective applicant shall
also provide proof to the commissioner that a copy of the
preapproval form has been filed with either the municipal clerk
of the city in which the proposed private club would operate or
with the county clerk, if the private club is located in an
unincorporated area. Preapproval of a site for a proposed private
club shall not preclude the subsequent disapproval of an
application for license based upon other disqualifying factors
established by law.
(d) The commissioner may require a public hearing for the
purpose of gathering public input on the effects of the proposed
private club. If a hearing is held, notice shall be published in
a newspaper of general circulation located in the county of the
proposed private club site, giving at least seven days notice of
the hearing.
NOTE: This bill allows prospective applicants for a license
to operate a private club to obtain preapproval of the proposed
site for the proposed private club.
This section is new; therefore, strike-throughs and
underscoring have been omitted.