H. B. 4406
(By Delegates Overington, Harrison, Prunty,
Calvert, Susman, Thompson and Webb)
[Introduced February 4, 2000; referred to the
Committee on the Judiciary then Finance.]
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 four-b;
and to amend and reenact section five of said article, all
relating to requiring a public hearing and county commission
approval prior to the issuance of an initial license for a
private club or upon the transfer of a license to a private
club at a new location.
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 four-b; and that section five of said article be amended and
reenacted, all to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4b. Public hearing and county commission approval prior
to issuance of new license or upon transfer of
license to new location.
Prior to the issuance of an initial license to open and
operate a private club, or prior to the transfer of a license to
operate a private club in a new location, the commissioner shall
hold a public hearing in the county where the private club is to
be located to solicit public comment on the impact of licensing
a private club in that location. The commissioner shall provide
at least thirty days' notice before holding the public hearing
and shall allow written comments from the public to be submitted
during the notice period. Within thirty days after the public
hearing is held, the commissioner shall submit the license
application to the county commission in the county in which the
private club is to be located for a vote of approval. If the
county commission approves the license application, or if the
county commission takes no action on the matter within sixty days
of receiving the license application, the commissioner may then proceed with the licensing process. If the county commission
disapproves the license application, the license application is
denied and may not be resubmitted to the commissioner for a
period of one year from the date of the vote of disapproval.
License renewals to operate a private club at an existing
location are exempt from the provisions of this section.
§60-7-5. Investigation by commissioner; issuance or refusal of
license; special requirements for clubs at parks and
airports; form of license; license valid at one
location only; expiration and renewal;
transferability.
(a) Upon receipt of the application referred to in section
four of this article, together with the accompanying fee and
bond, the commissioner shall conduct an investigation to
determine the accuracy of the matters contained in such
application and whether applicant is a bona fide private club of
good reputation in the community in which it shall operate. For
the purpose of conducting such investigation, the commissioner
may withhold the granting or refusal to grant such license for a
period not to exceed thirty one hundred eighty days. If it shall
appear appears that such the applicant is a bona fide private club, of good reputation in the community in which it shall will
operate and that there is no false statement contained in such
the application, and if the county commission has approved the
application in those instances where it is required, the
commissioner shall issue a license authorizing the applicant to
sell alcoholic liquors as provided in section three of this
article, and otherwise shall refuse to issue such license, except
that in the case of an application by a corporation or
association to operate a private club in connection with:
(1) A state park, the director of the department of natural
resources must grant his or her approval before the license can
be issued; or
(2) A county or municipal park, or an airport, the authority
governing the park or airport must grant its approval before the
license can be issued.
A license may not be issued for a private club in any state
park unless a dining facility comparable to the dining facility
for the proposed private club will be available to serve meals to
the general public. A license may not be issued for a private
club in any county or municipal park, or an airport, unless a dining facility comparable to the dining facility for the
proposed private club will be available to serve meals to the
general public.
(b) Upon refusal to issue such license the commissioner
shall make and enter an order denying such application, which
denial and refusal shall be final unless a hearing is requested
in accordance with the provisions of section thirteen of this
article. When such refusal or denial becomes final the
commissioner shall forthwith refund to the applicant his or her
fees and bond accompanying the application.
(c) Such license shall be of such form and design as the
commissioner may prescribe by reasonable rule or regulation, and
shall authorize the licensee to sell alcoholic liquors at only
one location.
(d) Such license shall expire on the thirtieth day of June
next following the date of issue and may be renewed upon the same
showing as required for the issuance of the initial license,
together with the payment of fees and filing of the bond as
required by this article.
(e) A license issued under the provisions of this article
may not be transferable.
NOTE: The purpose of this bill is require the Alcohol
Beverage Control Commissioner to hold a public hearing and obtain
approval from the County Commission prior to issuing a first-time
license for private club or upon the transfer of a license to a
private club at a new location.
§60-7-4b is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.