Senate Bill No. 415
(By Senator Snyder and Anderson)
[Introduced February 4, 2000; referred to the Committee
on the Judiciary.]
A BILL to amend article four, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twenty-three,
relating to regulating, restricting and placing a moratorium
on exotic entertainment premises; requiring regulation and
licenses by the alcohol beverage control commissioner;
providing definitions; prohibiting certain acts; prohibiting
minors on premises; providing for application, renewal,
license fee and restrictions on transfer; requiring
commissioner to promulgate an emergency legislative rule to
effectuate the same; and providing for unlawful acts and
penalties to be imposed therefor.
Be it enacted by the Legislature of West Virginia:
That article four, 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 twenty-three, to
read as follows:
ARTICLE 4. LICENSES.
§60-4-23. License to operate a premises where exotic entertainment
is offered; definitions; restrictions, regulations
and prohibitions; prohibitions against minors on
premises; application, renewal, license fee,
restriction on transfer; emergency regulations;
unlawful acts and penalties imposed.
(a) For purposes of this section, "exotic entertainment" means
nude dancing, nude service personnel, or nude entertainment, and
"nude" means any state of undress in which male or female genitalia
or female breasts are exposed.
(b) Whether or not alcoholic liquor, wine or nonalcoholic beer
is legally kept, served, sold or dispensed, purchased for use, or
permitted to be brought by others, on the premises, and whether or
not such person holds any other license or permit issued pursuant
to chapter sixty of this code, no person shall operate any
commercial premises where exotic entertainment is permitted or
offered, unless such person is granted a license by the commissioner to operate a premises where exotic entertainment may
(c) A licensee is subject to all the regulatory provisions of
article seven of this chapter, whether or not the licensee is a
private club. The commissioner shall have all the powers and
authorization granted under article seven of this chapter to
regulate, restrict, and sanction licensees under this section. A
licensee may not purchase, keep, sell, serve, dispense, purchase
for use, or permit others to bring, on the premises, alcoholic
liquor, wine or nonintoxicating beer, or operate a private club,
without also having the appropriate license therefore.
(d) No person under the age of eighteen years may be employed
by a licensee as an exotic entertainer. No person, other than an
employed exotic entertainer, under the age of twenty-one years may
be permitted by the licensee to be on the premises on any day on
which any exotic entertainment is offered. A licensee may not hold
special nonalcoholic entertainment events for persons under age
twenty-one pursuant to the provisions of section eight, article
seven of this chapter, on the licensed premises.
(e) Any person operating a commercial premises where exotic
entertainment is offered on any occasion from the first day of
July, two thousand, through the last day of December, two thousand, may apply to the commissioner for a license to operate a premises
where exotic entertainment may be offered. Applications may be
received by the commissioner commencing on the first day of July,
two thousand, and ending on the last day of February, two thousand
one; thereafter no applications for licenses may be received. The
commissioner may issue a license to a person complying with the
provisions of this chapter. Upon application for renewal, the
commissioner shall annually on the first day of July, of each
succeeding year, renew the license of any licensee then in
compliance with the provisions of this chapter. The commissioner
shall specify the form of and information required of applicants
and licensees. No license which has lapsed, been revoked or
expired without renewal, may be reissued.
(f) A person to whom a license is issued or renewed under the
provisions of this section shall pay annually to the commissioner
a licensee fee of three thousand dollars. A municipal corporation
wherein any such licensee is located shall issue a municipal
license to any person to whom the commissioner has issued a
license, for the same license fee.
(g) No license may be sold or transferred. No license may be
transferred to another location, except for the same or an adjacent
property. A transferee of the same business premises which is licensed under the provisions of this section may apply for
reissuance of the transferor's license, if the applicant otherwise
qualifies for a license.
(h) On or before the first day of July, two thousand, the
commissioner shall promulgate an emergency legislative rule
pursuant to the provisions of chapter twenty-nine-a of this code to
effectuate the provisions of this subsection.
(i) Any person who violates any provision of this section, or
principal of a firm or corporation which violates any provision of
this section, or licensee, or agent, employee or member of any
licensee, who violates any provision of this section, or who
violates any of the provisions of section twelve, article seven of
this chapter, on such licensee's premises, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one thousand dollars nor more than three thousand dollars, or
imprisoned for a period not to exceed one year, or both so fined
NOTE: The purpose of this bill is to restrict and place a
moratorium on exotic entertainment clubs and require licensees to
be regulated by the alcohol beverage control commissioner.
This section is new, therefore strike-throughs and underscoring have been omitted.