ENGROSSED
Senate Bill No. 40
(By Senator Boley)
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[Introduced January 9, 2002; 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-ii; and
to amend and reenact section two, article three-a, chapter
sixty of said code, all relating to granting counties the
option of selling liquor retail within a thirty-mile radius in
which no private retail establishments that sell liquor are
located.
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-ii; and that
section two, article three-a, chapter sixty of said code be amended
and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3ii. County commission authority to engage in retail liquor
sales.
In addition to all other powers which county commissions now
possess by law, county commissions may, upon meeting the
requirements of the alcohol beverage control commission, lease or
assign a retail establishment for the sale of intoxicating liquors,
wines and beer for consumption off the premises: Provided, That
a county commission may not lease or assign a retail establishment
within a thirty-mile radius of any privately owned retailer of
intoxicating liquor operating in that county.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-2. Legislative findings and declarations; legislative
purpose.
(a) The Legislature hereby finds and declares that the sale of
liquor at retail should no longer be by the state, but rather by
retail licensees; that there is a need for the state to control the
wholesale sales of liquor; that the health and welfare of the
citizens of this state will be adequately protected by the
licensing and control of such retail licensees; that the sale of
liquor through retail licensees will satisfy reasonable consumer
concerns of availability and price; and that the operation and efficiency of state government will be improved by removing the
state from the retail sale of liquor and permitting sales of liquor
by retail licensees under licenses issued by the state together
with strict enforcement of laws and rules relating to the sale of
liquor: Provided, That nothing contained in this article may be
construed to prevent a county commission from electing to exercise
the option provided for in section three-ii, article one, chapter
seven of this code.
(b) It is the purpose of the Legislature in providing for the
retail sale of liquor to:
(1) Continue revenue to the state from the wholesale sale of
liquor, by requiring all retail licensees to purchase all liquor
(other than wine) from the commissioner and by further requiring
all private clubs licensed under the provisions of article seven of
this chapter to purchase all liquor (other than wine) from retail
licensees;
(2) Provide a system of controls, through limitations on the
numbers of retail outlets and application of the police power of
the state, to discourage the intemperate use of liquor;
(3) Preserve and continue the tax base of counties and
municipalities derived from the retail sale of liquor; and
(4) Obtain for the state financial gain from the issuance of
retail licenses.
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