Senate Bill No. 480
(By Senators Blair, Snyder and Unger)
[Introduced March 7, 2013; referred to the Committee on
Government Organization; and then to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §60-6A-1 and §60-6A-
2, all relating to requiring that bartenders be licensed by
the Alcohol Beverage Control Commissioner.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §60-6A-1 and §60-6A-2,
all to read as follows:
ARTICLE 6A. ALCOHOL SERVER PERMITS.
For purposes of this article, unless the context clearly
requires otherwise, the following words and phrases, and any
variations thereof required by the context, have the meanings ascribed to them in this section:
(1) "Alcohol server" means any person serving or selling
alcoholic liquor or nonintoxicating beer for on-premises
consumption at a private club or at a retail dealer's place of
business as a regular requirement of his or her employment.
(2) "Private club" means a private club as defined by the
provisions of section two, article seven of this chapter.
(3) "Retail dealer" means a Class A retailer licensed to sell
nonintoxicating beer at retail for consumption on or off the
licensed premises, in accordance with the provisions of section
nine, article sixteen, chapter eleven of this code.
§60-6A-2. Alcohol server permit required.
(a) Each manager or bartender selling or mixing alcohol liquor
or nonintoxicating beer for consumption on the premises of a
private club or a retail dealer shall have an alcohol server
(b) (1) Effective July 1, 2013, except as provided in
subdivision (4) of this subsection, every person employed, under
contract or otherwise, by a private club or retail dealer, who as
part of his or her employment participates in any manner in the
sale or service of alcoholic beverages for on-premises consumption
shall have issued to them an alcohol server permit.
(2) Every alcohol server permit issued shall be issued in the name of the applicant and no other person may use the permit of a
permit holder. The holder shall present the permit upon request
for inspection by a representative of the commissioner. The
alcohol server permit is valid for employment at any private club
or retail dealer.
(3) No private club licensee or retail dealer, except as
provided in subdivision (4) of this subsection, may employ or
accept the services of any person to participate in the sale or
service of alcoholic liquor or nonintoxicating beer for on-
premises consumption without the person first having a valid
alcohol server permit.
(4) Within sixty days after his or her initial employment,
every person whose duties include the mixing, sale, service or
handling of alcoholic liquor or nonintoxicating beer for
consumption on the premises of a private club or a retail dealer
shall have an alcohol server permit.
(c) A permit issued by the commissioner pursuant to this
article is valid for employment at any private club or retail
dealer for a period of three years, unless sooner suspended or
revoked by the commissioner. Every applicant for an initial
alcohol server permit, and for each renewal alcohol server permit,
shall pay to the commissioner a fee of $25.
(d) The commissioner may refuse to issue a permit or may suspend or revoke an existing permit if any of the following occur:
(1) The applicant or permittee has been convicted of violating
any of the state or local laws of this state pertaining to the sale
of alcoholic liquor or nonintoxicating beer for consumption on the
premises of a private club or a retail dealer or has been convicted
at any time of a felony; or
(2) The permittee has performed or permitted an act that
constitutes a violation of this article or of a rule promulgated by
(e) The suspension or revocation of a permit under this
section does not relieve a private club licensee or retail dealer
from responsibility for any act of an employee or agent while
employed upon the premises. The commissioner may, as appropriate,
suspend or revoke either the alcohol server permit of the employee
who committed the violation or the license of the private club or
retail dealer upon whose premises the offense occurred, or both the
permit and the license. The commissioner may consider the proper
permitting of employees in mitigation of sanctions for an
employee's illegal sale of an alcoholic beverage.
(f) After July 1, 2013, it is a violation of this article for
any private club licensee or retail dealer to employ in the sale or
service of alcoholic liquor or nonintoxicating beer for on-premises
consumption, any person who does not have a valid alcohol server permit or whose permit has been revoked, suspended or denied.
(g) The commissioner shall adopt procedural and interpretive
rules or propose legislative rules for legislative approval, as
appropriate, under the provisions of article three, chapter twenty-
nine-a of this code, for executing the purposes of this article.
NOTE: The purpose of this bill is to require that alcohol
servers obtain alcohol server permits.
This article is new; therefore, strike-throughs and
underscoring have been omitted.