Senate Bill No. 531
(By Senator Sprouse, By Request, and Ball)
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[Introduced February 17, 2000; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section eight, article three-a, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to prohibiting the issuance
of a retail liquor license in any unincorporated area in the
state if an existing retail licensee is located within three
miles of the applicant.
Be it enacted by the Legislature of West Virginia:
That section eight, article three-a, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-8. Retail license application requirements; retail licensee qualifications.
(a) Prior to or simultaneously with the submission of a bid
for a retail license, each applicant shall file an application with
the commissioner, stating under oath the following:
(1) If the applicant is an individual, his or her name and
residence address;
(2) If the applicant is other than an individual, the name and
business address of the applicant; the state of its incorporation
or organization; the names and residence addresses of each
executive officer and other principal officer, partner or member of
the entity; a copy of the entity's charter or other agreement under
which the entity operates; and the names and residence addresses of
any person owning, directly or indirectly, at least twenty percent
of the outstanding stock, partnership, or other interests in the
applicant; and
(3) That the applicant has never been convicted in this state
or any other state of any felony or other crime involving moral
turpitude or convicted of any felony in this or any other state
court or any federal court for a violation of any state or federal
liquor law, and if the applicant is other than an individual, that
none of its executive officers, other principal officers, partners or members, or any person owning, directly or indirectly, at least
twenty percent of the outstanding stock, partnership, or other
interests in the applicant, has been convicted; and
(4) In the event the applicant's proposed location for retail
sales is in an unincorporated area of the state, that no other
existing licensee in an unincorporated area is located within a
three-mile radius of the proposed location.
(b) An applicant shall provide the commissioner any additional
information requested by the commissioner.
(c) Whenever a change occurs in any information provided to
the commissioner, the change shall immediately be reported to the
commissioner in the same manner as originally provided.
(d) The commissioner shall disqualify each bid submitted by an
applicant under section ten of this article, and no applicant shall
be issued or eligible to hold a retail license under this article,
if:
(1) The applicant has been convicted in this state of any
felony or other crime involving moral turpitude or convicted of any
felony in this or any other state court or any federal court for a
violation of any state or federal liquor law; or
(2) Any executive officer or other principal officer, partner or member of the applicant, or any person owning, directly or
indirectly, at least twenty percent of the outstanding stock,
partnership, or other interests in the applicant, has been
convicted in this state of any felony or other crime involving
moral turpitude or convicted of any felony in this or any other
state court or any federal court for a violation of any state or
federal liquor law; or
(3) The applicant's proposed location for retail sales is
located in an unincorporated area of this state and an existing
licensee in an unincorporated area is located within a three-mile
radius of the proposed location.
(e) The commissioner shall not issue a retail license to an
applicant which does not hold a license issued pursuant to federal
law to sell liquor at wholesale.
NOTE: The purpose of this bill is to prohibit the granting of
a retail liquor license to an applicant if the proposed
establishment is located in an unincorporated area and an existing
licensed establishment, also located in an unincorporated area, is
located within a three-mile radius of the proposed site for the new
license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.