H. B. 4477


(By Delegate Mezzatesta)
[Introduced February 18, 1998; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section fifteen, article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing advertising signs to be affixed to the exterior of a premises leased to a retail beer or private club licensee.

Be it enacted by the Legislature of West Virginia:
That section fifteen, article two, 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 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.

§60-2-15. Regulation of advertising.

The commission shall prescribe regulations governing the advertising of alcoholic liquors in this state. The regulations shall prohibit advertising that encourages intemperance, induces minors to purchase, or tends to deceive or misrepresent. The commissioner may not prohibit advertising signs affixed to the exterior of any premises for which a tenant holds a private club license under article seven of this chapter or holds a Class A retail beer license under article sixteen, chapter eleven of this code: Provided, That: (a) The owner of the premises is not the licensee or an affiliate of the licensee; (b) the licensee receives no compensation or other direct or indirect benefit as a result of the presence of the advertising sign; and (c) the advertising sign otherwise complies with all rules promulgated by the commissioner governing the advertising of alcoholic liquors and nonintoxicating beers.



NOTE: The purpose of this bill is to allow beer and alcoholic liquor advertisements on the exterior of leased private clubs and Class A beer establishments so long as the licensee/ tenant receives no compensation for the advertisement and the content of the advertisement otherwise complies with the rules of the commissioner.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.