COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 64

(By Senator Bowman)

____________

[Originating in the Committee on the Judiciary;

reported March 21, 1997.]

____________


A BILL to amend and reenact section twelve, article seven, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting certain private clubs licensed by the alcohol beverage control commissioner from offering nude dancing as entertainment; requiring commissioner to promulgate an emergency legislative rule to effectuate the same; defining the term "nude"; providing criminal penalties; and making certain technical revisions.

Be it enacted by the Legislature of West Virginia:
That section twelve, article seven, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS
§60-7-12. Certain acts of licensee prohibited; criminal penalties.

(a) It is unlawful for any licensee, or agent, employee or member thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than from the original package or container;
(2) Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice, gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine;
(3) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of nonintoxicating beer, wine or alcoholic liquors on the licensee's premises, by any person less than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of nonintoxicating beer, wine or alcoholic liquor or the use of drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of three o'clock a.m. and one o'clock p.m. on any Sunday;
(6) Permit the consumption by, or serve to, on the licensed premises any nonintoxicating beer, wine or alcoholic liquors, covered by this article, to any person who is less than twenty- one years of age;
(7) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;
(8) Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such member;
(9) Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption except as authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years of age in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen and twenty-one who is not directly supervised by a person aged twenty-one or over in a position where the primary responsibility for such employment is to sell, furnish or give nonintoxicating beer, wine or alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news media or other means, outside of the licensee's premises, the fact that alcoholic liquors may be purchased thereat.
(c) On or before the first day of July, one thousand nine hundred ninety-seven, the commissioner shall promulgate an emergency legislative rule pursuant to the provisions of chapter twenty-nine-a of this code which prohibits licensees from offering nude dancing as entertainment where:
(1) The licensee's premises are located in a municipality or county which has, subsequent to the licensee's offering of nude dancing as entertainment, adopted a zoning ordinance to prohibit businesses from offering nude dancing as entertainment within the area in which the licensee's premises are located; and
(2) The city council of the municipality in which the licensee's premises are located or the county commission of the county in which the licensee's premises are located if the premises are located in an unincorporated area has, by a majority of its members, voted that the licensee's premises, due to the offering of nude dancing as entertainment, constitutes a nuisance, as defined in section one, article nine, chapter sixty- one of this code.
As used in this subsection, the term "nude" shall mean a state of undress in which male or female genitalia or female breasts are exposed.
(c) (d) Any person who violates any of the foregoing provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned confined in the county jail or regional jail facility for a period not to exceed one year, or both fined and imprisoned and confined.