Senate Bill No. 524

(By Senators Unger, Boley, Redd, Ball and Mitchell)

____________

[Introduced February 17, 2000; referred to the Committee on the Judiciary.]
____________




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 1:30 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.