H. B. 4112
(By Delegates Douglas, Faircloth,
Staton and Givens)
[Introduced January 21, 2000; referred to the
Committee on Government Organization then Finance.]
A BILL to amend article two, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
fourteen-a, relating to the alcoholic beverage control
commissioner; requiring citing permits for businesses
involved in the sale of alcoholic beverages; establishing a
permit fee; alcohol abuse education programs; excluding
certain businesses; and providing penalties for violations.
Be it enacted by the Legislature of West Virginia:
That article two, 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
fourteen-a, to read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-14a. Authority to require citing permits for businesses
which sell alcoholic beverages; penalty.
No person may construct, lease, locate, place or maintain
any establishment or business in this state which includes the
sale of alcoholic beverages without first obtaining a citing
permit for the business. The alcohol beverage control
commissioner shall issue the citing permit if:
(1) The applicant provides proof that the applicant meets or
exceeds the licensing provisions of the alcohol beverage control
commissioner;
(2) The proposed business will be located within an area
primarily used for business purposes;
(3) The proposed business will be located in an area
serviced by two lane access roads; and
(4) The proposed business will be located in an area in
which the sale of alcoholic beverages will not detract from the
peaceful and quiet enjoyment of living in residential
neighborhoods.
At least thirty days prior to granting a citing permit, the
alcohol beverage control commissioner shall cause to be published
in a qualified newspaper, published in the area in which the proposed business will be located, a Class III legal
advertisement setting forth the name of the applicant, a
description of the proposed business and the address of the
proposed business. The advertisement shall also request that
interested persons submit written comments on the proposed
business to the alcohol beverage control commissioner for his or
her consideration in determining whether to issue the citing
permit.
The alcohol beverage control commissioner may charge a fee
of twenty dollars for the issuance of a citing permit. All fees
collected under the provisions of this section shall be used by
the alcohol beverage control commissioner to support education
programs in the public schools on the dangers of alcohol abuse.
The provisions of this section do not affect businesses
which were licensed prior to the effective date of this section
but they do apply to any change in status of the business after
the effective date of this section.
Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than two hundred nor more than one thousand
dollars. Magistrates have concurrent jurisdiction with courts of record with criminal jurisdiction of any offense under this
section.
NOTE: The purpose of this bill is to require businesses
selling alcohol to obtain a citing permit from the alcohol
beverage control commissioner before obtaining a license to sell
alcoholic beverages. Fees from the citing permit system are to
be used by the alcohol beverage control commissioner to provide
educational programs in the public schools on the dangers of
alcohol abuse. The bill also establishes citing criteria and it
provides a penalty for violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.