Senate Bill No. 222
(By Senator Hunter)
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[Introduced January 16, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section ten, article seven, chapter
sixty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
alcohol beverage control commissioner to enter into
cooperative agreements for assistance with state, county
and municipal police officers to investigate and enforce
the laws relative to the sale of alcoholic beverages.
Be it enacted by the Legislature of West Virginia:
That section ten, 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.
§60-7-10. Duties and powers of commissioner.
The commissioner is hereby authorized:
(a) To enforce the provisions of this article.
(b) To enter the premises of any licensee at reasonable
times for the purpose of inspecting the same, and determining
the compliance of said licensee with the provisions of this
article and any rules and regulations promulgated by the
commissioner pursuant to the provisions of this article:
Provided, That the commissioner is authorized to reach
cooperative agreements for assistance with the state police,
county sheriff's departments or municipal police departments in
this state for the purposes of enforcing the laws and otherwise
insuring compliance with the requirements of this chapter.
(c) To promulgate such reasonable rules and regulations as
may be necessary for the execution and enforcement of the
provisions of this article, which may include, but shall not be
limited to, the hours during which licensees may sell alcoholic
liquors, and the use, handling, service and sale of such
alcoholic liquors. Such The rules and regulations shall be
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of the code in like manner as if said
article three of said chapter twenty-nine-a were set forth in
extenso in this subdivision.
(d) To issue subpoenas and subpoenas duces tecum for the
purposes of conducting hearings under the provisions of section thirteen of this article, which subpoenas and subpoenas duces
tecum shall be issued in the time, for the fees, and shall be
enforced in the manner specified in section one, article five,
chapter twenty-nine-a of this code with like effect as if said
section one were set forth in extenso in this subdivision.
The authority granted in subdivisions (a), (b) and (d) of
this section may also be exercised by the duly authorized agents
of the commissioner.
NOTE: The purpose of this bill is to
authorize the alcohol
beverage control commissioner to enter into cooperative
agreements for assistance with state, county and municipal
police officers to investigate and enforce the laws relative to
the sale of alcoholic beverages.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.