H. B. 4669
(By Delegate Hutchins, Pettit, Ashley and L. White)
[Introduced February 27, 1998; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section twelve, article three-a,
chapter sixty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to retail
liquor licenses; providing for continuation of existing
licenses; and requiring additional annual license fees.
Be it enacted by the Legislature of West Virginia:
That section twelve, article three-a, 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 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-12. Annual retail license fee; expiration and renewal of
(a) The annual retail license period shall be from the first
day of July to the thirtieth day of June of the following year.
The annual retail license fee for a
Class A retail license shall be the sum obtained by multiplying the number of retail outlets
operated by the retail licensee in the market zone to which such
Class A retail license applies by one thousand five hundred
dollars for each retail outlet operated by the retail licensee
plus the additional license fee provided in subsection (b) of
this section. The annual retail license fee for a Class B retail
license shall be five hundred dollars. The annual retail license
fee for the initial any partial license year of issuance shall be
prorated based on the number of days remaining between the date
of issuance and the following thirtieth day of June.
Any person holding a retail license for a retail outlet on
the thirtieth day of June, two thousand, has the option to extend
the retail license for that retail outlet: Provided, That the
retail licensee continues to meet all licensee qualifications and
pays the following additional license fees for that retail
(1) For the license year beginning the first day of July,
two thousand, the additional fee shall be based on total liquor
purchases from the commission during the preceding calendar year
(A) For purchases of zero to ninety-nine cents, the
additional fee is one thousand dollars.
(B) For purchases from one dollar to one hundred thousand
dollars, the additional fee is five thousand dollars.
(C) For purchases of one hundred thousand dollars one cent
to three hundred thousand dollars, the additional fee is nine
(D) For purchases of three hundred thousand dollars one cent
to five hundred thousand dollars, the additional fee is fourteen
(E) For purchases of five hundred thousand dollars one cent
to seven hundred thousand dollars, the additional fee is eighteen
(F) For purchase of seven hundred thousand dollars one cent
to nine hundred thousand dollars, the additional fee is twenty- two thousand dollars.
(G) For purchases of more than nine hundred thousand
dollars, the additional fee is twenty-six thousand dollars.
(2) For each license year thereafter, an additional fee,
which equals three and one-half percent of liquor purchases from
the commission, payable at the time of purchase: Provided, That
if there were no purchases for an outlet during the preceding
license year, the license for that outlet shall expire and be
subject to bidding procedures otherwise provided in this article
for the initial issuance of retail licenses.
(b) Any retail outlet license which is not extended pursuant
to the provisions of subsection (b) of this section and any new
outlets not licensed as of the effective date of this subsection are subject to bidding procedures otherwise provided in this
article for the initial issuance of retail licenses, with a
minimum bid of five thousand dollars and a federal wholesale
permit presented at the time of licensing: Provided, That any
successful bidder shall in addition to its bid amount be required
to pay the annual license fee, including the additional fees, if
any, provided by subsection (b) of this section. Any retail
outlet not extending a license may not bid for the forfeited
license for a twelve-month period.
(b) (c) All retail licenses shall expire on the thirtieth
day of June of each year and may be renewed only upon the
submission to the commissioner of the same information required
for the issuance of the license and such additional information
as may be requested by the commissioner on such forms and by such
date as may be prescribed by the commissioner, together with the
payment to the commissioner of the applicable annual retail
license fee required under this section. All bid amounts for new
licenses after the first day of July, two thousand, shall be in
addition to the license fees provided in subsections (a) and (b)
of this section.
(c) (d) No person may sell liquor at any retail outlet if
the retail license applicable to such outlet has been suspended
or revoked, or has expired.
(d) All retail licenses issued or renewed under the provisions of this article shall expire and be of no further
force or effect as of the first day of July, in the year two
thousand, prior to which time new retail licenses shall be issued
by following the bidding and other procedures set forth herein
for the initial issuance of retail licenses.
NOTE: The purpose of this bill is to establish additional
licensing fees in connection with the extension of existing
retail outlet liquor licenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.