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