H. B. 2282


(By Delegates Douglas, Faircloth,

Staton and Givens)


[Introduced February 19, 2001; 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, relating to the alcoholic beverage control commissioner; requiring site authorization for proposed sites for private establishments in unincorporated areas intended to sell alcoholic beverages; requiring commissioner or his or her representative to visit the proposed site; requiring applicant to demonstrate certain criteria exists relative to the site proposal; requiring commissioner publish notice of the proposed site and hold a hearing in order to receive public comment; requiring applicant to pay costs of publication and the hearing; providing that the grant of site authorization does not entitle an applicant to the issuance of a license; and, providing a grandfather clause for existing establishments.

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, to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-4b. Presite authorization for businesses to sell alcoholic beverages; notice and hearing; grandfather clause.

No person may construct, lease, locate, place or maintain any private establishment intended for the sale of alcoholic beverages in any unincorporated area in this state without first obtaining presite authorization from the commissioner: Provided, That the fulfillment of the requirements of this section shall first be accomplished before the commissioner is required to meet any requirement as provided in any other provision of law contained in this article. The alcohol beverage control commissioner may only consider granting presite authorization 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.
Before the commissioner may grant presite approval, the commissioner or his or her designated representative shall visit and inspect the site. The commissioner shall also cause to be published in a qualified newspaper of general circulation, published in the area in which the proposed private establishment is to 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 grant presite authorization. The advertisement shall, additionally, designate a time and a place within a ten-mile radius of the proposed site for a public hearing before the commissioner or his or her representative in order to receive further public comment from interested individuals.
The alcohol beverage control commissioner shall require the applicant to pay a reasonable fee designed to cover publication costs and other costs associated with providing a location for the hearing.
After inspecting the site and receiving public comment the commissioner shall decide whether to grant presite authorization for the proposed site: Provided, That the granting of presite authorization does not create any property right or otherwise entitle the applicant to the issuance of a license by the commission: Provided, however, That upon the granting of presite authorization the applicant shall be required to meet all other requirements required by the commissioner before he or she may be issued a license under this article.
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.
On or before the first day of July, two thousand one, the commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.



NOTE: The purpose of this bill is to require site authorization for proposed sites for private establishments in unincorporated areas intended to sell alcoholic beverages. It establishes procedures, including provision for public comment. It provides a grandfather clause for existing establishments.

 This section is new; therefore, strike-throughs and underscoring have been omitted.