Senate Bill No. 675
(By Senator Boley)
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[Introduced March 26, 2001; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-hh; and to amend and reenact section three, article three-a, chapter sixty of said code, all relating to authorizing a county commission to petition the alcohol beverage control commissioner to operate a state liquor store in those areas within the county where there is no private retail liquor outlet in operation within a thirty-mile radius of an incorporated town or city.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-hh; and that section three, article three-a, chapter sixty of said code be amended and reenacted, all to read as follows:

§7-1-3hh. County commission authority to petition alcohol beverage control commissioner for state liquor store.

Notwithstanding any provision in this code to the contrary, a county commission may petition the alcohol beverage control commissioner to operate a state liquor store

§60-3A-3. Sale of liquor by retail licensees permitted; cessation of retail sale of liquor by state; exceptions.
(a) Notwithstanding any provision of this code to the contrary, the sale of liquor by retail licensees in accordance with the provisions of this article is lawful.
(b) Upon the opening of a retail outlet in any market zone, the state shall, as soon as practicable, discontinue operating any and all state liquor stores and agency stores within the market zone so long as a retail outlet is in operation in the market zone.
(c) No provision of this section shall prevent the commissioner, with the consent of the board, from operating a state liquor store in a market zone pursuant to the provisions of article three of this chapter where there are no retail outlets in operation, and the operation of any retail outlet in the market zone is prevented by a matter in controversy pending judicial adjudication or the licensee is unable or unwilling to open a retail outlet: Provided, That the board determines that the resolution of the controversy will continue for such duration that the opening of a state liquor store is necessary to meet reasonable consumer concerns of availability of liquor.

(d) Notwithstanding any provision in this code to the contrary, the commissioner shall, upon petition from a county commission pursuant to section three-hh, article one, chapter seven of this code, operate a state liquor store in those areas within the county where there is

NOTE: The purpose of this bill is to

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§7-1-3hh is new; therefore, strike-throughs and underscoring have been omitted.