H. B. 2167
(By Delegates Faircloth and Harrison)
[Introduced February 14, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article seven, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to prohibiting the sale of
beer, wine or liquor from 1:30 a. m. until 1:00 p.m. on
Sundays and from 1:30 a. m. until 7:00 a. m. on other days of
the week.
Be it enacted by the Legislature of West Virginia:
That section twelve, article seven, 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 7. LICENSES TO PRIVATE CLUBS.
§60-7-12. Certain acts of licensee prohibited; criminal penalties.
(a) It is unlawful for any licensee or agent, employee or
member thereof, on such the licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;
(2) Authorize or permit any disturbance of the peace; obscene,
lewd, immoral or improper entertainment, conduct or practice,
gambling or any slot machine, multiple coin console machine,
multiple coin console slot machine or device in the nature of a
slot machine;
(3) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors
for or to, or permit the consumption of nonintoxicating beer, wine
or alcoholic liquors on the licensee's premises, by any person less
than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors,
for or to any person known to be deemed legally incompetent, or for
or to any person who is physically incapacitated due to consumption
of nonintoxicating beer, wine or alcoholic liquor or the use of
drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms
directly connected therewith, between the hours of three one thirty
o'clock a.m. and one o'clock p.m. on any Sunday and from one thirty
o'clock a.m. until seven o'clock a.m. during all other days of the
week;
(6) Permit the consumption by, or serve to, on the licensed
premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty-one
years of age;
(7) With the intent to defraud, alter, change or misrepresent
the quality, quantity or brand name of any alcoholic liquor;
(8) Sell or offer for sale any alcoholic liquor at a private
club to any person who is not a duly elected or approved dues
paying member in good standing of said the private club or a guest
of such a member.
(9) Sell, offer for sale, give away, facilitate the use of or
allow the use of carbon dioxide, cyclopropane, ethylene, helium or
nitrous oxide for purposes of human consumption except as
authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years of
age in a position where the primary responsibility for such the employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person.
(B) Employ any person who is between the ages of eighteen and
twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for such the employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news
media or other means, outside of the licensee's premises, the fact
that alcoholic liquors may be purchased thereat.
(c) Any person who violates any of the foregoing provisions is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars nor more than one thousand
dollars, or imprisoned in the county jail for a period not to
exceed one year, or both fined and imprisoned.
NOTE: The purpose of this bill is to reduce the time for
consumption of alcoholic beverages in bars.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.