Senate Bill No. 469
(By Senators Unger, Anderson, Bowman, Snyder, Boley, Prezioso,
Redd, Schoonover, Ball, Mitchell, Ross and Sharpe)
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[Introduced February 9, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend article seven, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twelve- b, relating to providing for a local option election to
allow counties or municipalities to restrict the hours when
licensees may sell nonintoxicating beer, wine or alcoholic
liquors on premises.
Be it enacted by the Legislature of West Virginia:
That article seven, 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
twelve-b, to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-12b. Local option election to restrict the hours of sale
of nonintoxicating beer, wine or alcoholic liquors.
Notwithstanding any provision in this code to the contrary,
the governing body of a municipality or the county commission may
submit
to the qualified voters residing within the jurisdiction
of that governing body for approval or rejection at any regular
primary election, general election or special election, an
ordinance restricting the hours when licensees may sell
nonintoxicating beer, wine or alcoholic liquors. The ordinance
may set the hours of sale on premises licensed pursuant to this
article and article sixteen, chapter eleven of this code, by
specifying a time or times between the hours of twelve a.m. and
3:30 a.m. by which sales of nonintoxicating beer, wine or
alcoholic liquors shall end, except that in no event may the
ordinance extend the hours of sale beyond the hours of sale which
are permitted statewide. The ordinance may set separate hours of
sale for licensees selling only nonintoxicating beer pursuant to
article sixteen, chapter eleven of this code and for private
clubs licensed pursuant to this article.
Notice of the election shall be provided and the ballots printed as set forth below.
If a majority of the legal votes
cast on this question are in favor of the ordinance, the
provisions of the ordinance are effective thirty days from the
date the results of the election are declared. If a majority of
the legal votes cast on this question are against the ordinance,
the ordinance is defeated, and the question may not again be
submitted to a vote until the following regular primary or
general election, or a special election thereafter, in the manner
provided in this section.
The ballots, or ballot labels where voting machines are
used, shall be printed in substantially this form:
"Shall ...... County (or municipality) require that all
licensees within this county (or municipality) selling
nonintoxicating beer, wine and alcoholic liquors for consumption
on premises discontinue such sales at ...... o'clock a.m.
nightly?"
/ / Yes
/ / No
Notice shall be provided of all elections at which the ordinance is to be voted upon by publication of a Class II-0
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area
shall encompass the municipality or county in which voting will
take place.
Any election at which this ordinance is voted upon shall be
held at the voting precincts established for holding primary or
general elections. All of the provisions of the general election
laws of this state concerning primary, general or special
elections, when not in conflict with the provisions of this
section, shall apply to voting and elections hereunder.
NOTE: The purpose of this bill is to provide for a local
option election to allow counties or municipalities to restrict
the hours when alcoholic beverages may be sold on premises.
This section is new; therefore, strike-throughs and
underscoring have been omitted.