Senate Bill No. 475

(By Senators Buckalew and McKenzie)

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[Introduced February 12, 1998; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section four, article seven, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to licenses for private liquor clubs; and requiring liability insurance for private liquor clubs or taverns.

Be it enacted by the Legislature of West Virginia:
That section four, 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.

§60-7-4. Application for license; information required; verification; application to be accompanied by fees; liability insurance and bond; college fraternities and sororities ineligible for license; racial discrimination by applicants.

(a) Application for a license to operate a private club shall be made on such form as may be prescribed by the commissioner and shall include:
(1) The name of the applicant;
(2) If such applicant be an unincorporated association, the names and addresses of the members of its governing board;
(3) If such applicant be a corporation, the names and addresses of its officers and directors;
(4) The place at which such applicant will conduct its operations and whether the same is owned or leased by the applicant;
(5) The number of members of the applicant;
(6) The name or names of any national organizations with which applicant is affiliated and the nature of such affiliation;
(7) The size and nature of the dining and kitchen facilities operated by applicant; and
(8) Such other information as the commissioner may reasonably require which shall include, but not be limited to, the criminal records, if any, of each member of the applicant's governing board and/or its officers and directors who have been convicted of a felony or a crime involving moral turpitude.
(b) Such application shall be verified by each member of the governing board of the applicant if an unincorporated association or, if the applicant be a corporation, by each of its officers and all members of its board of directors. Such application shall be accompanied by the license fee hereinafter prescribed, a certificate of insurance from an insurance carrier duly authorized to transact business in this state indicating that the place at which such applicant will conduct its operations is insured against loss from liability imposed by law for damages arising out of the ownership, operation, maintenance or use of such business in a minimum amount of not less than one hundred thousand dollars and by a bond of the applicant in the penal sum of five thousand dollars with a corporate surety authorized to transact business in the state of West Virginia, payable to the state of West Virginia, which bond shall be conditioned on the payment of all fees herein prescribed and on the faithful performance of and compliance with the provisions of this article.
(c) Under no circumstance shall any college fraternity or sorority be issued a license to operate a private club.
(d) No license to operate a private club will be issued to applicants who discriminate against any person or group of persons because of race or color of such person or group of persons except clubs as defined in clauses (1) and (2), subdivision (a), section two of this article.




NOTE: The purpose of this bill is to require private clubs to maintain liability insurance.

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