H. B. 2394
(By Delegates Leach, Beane, Hubbard,
Pulliam and Facemyer)
[Introduced January 14, 1998; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article six, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
twenty-five, relating to requiring display of signs warning
of the possible danger of birth defects which may be caused
by the consumption of alcohol during pregnancy; imposing a
fine upon persons who violate this section; and setting up
a special fund derived from the fines collected to be used
for the purpose of educating the public about fetal alcohol
Be it enacted by the Legislature of West Virginia:
That article six, 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
twenty-five, to read as follows:
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-25. Mandatory signs to be posted warning of the possible
dangers of consumption of alcohol during pregnancy.
(a) On or before the fifth day of October, one thousand nine
hundred ninety-seven, all retail liquor licensees shall display
signs provided by the alcohol beverage control commissioner
warning of the possible danger of birth defects which may result
from the consumption of alcohol during pregnancy. These signs
shall be displayed upon the licensed premises in the following
(1) If a licensee holds a license providing for on-premises
consumption, the sign shall be posted in plain view at the main
entrance to the liquor licensed portion of the establishment and
in the men's and women's public rest rooms closest to the
licensed area: Provided, That self-service "mini-bars" in hotel
guest rooms are exempt: Provided, however, That airports,
convention centers, sports facilities and other licensed premises
with more than one authorized location of sales, service and
consumption shall post signs in plain view to the majority of
patrons entering or approaching the liquor licensed portion of
(2) If the licensee holds a license providing for the sale
of alcohol for off-premises consumption, the sign shall be posted
in plain view at each cash register where alcohol is sold and at the main entrance to the licensed premises.
(3) If the licensee is a liquor manufacturer, the notices
shall be posted in plain view at the main entrance to areas where
alcohol is sold for off-premises consumption. If a
manufacturer's tasting rooms have separate buildings or separate
entrances, the sign shall be posted in plain view at the main
entrance to the tasting area.
(b)The alcohol beverage control commissioner shall make
signs and replacements available.
(c) Failure to comply with the provisions of this section is
a violation of the rules of the commissioner and shall result in
the imposition of a fine of not less than one hundred dollars nor
more than one thousand dollars for each violation.
(d) The proceeds from the fines collected for violation of
this article shall be deposited in a fund created and maintained
by the commissioner. The commissioner shall use the moneys
deposited in the fund to educate the public concerning the
dangers of fetal alcohol syndrome.
NOTE: The purpose of this bill is to require establishments
which sell, serve or manufacture alcohol to post signs warning of
the danger of alcohol consumption during pregnancy. The bill
imposes a fine for failure to comply, and dedicates moneys
collected to education about the dangers of fetal alcohol
This section is new; therefore, strike-throughs and
underscoring have been omitted.