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SB535 SUB1 Senate Bill 535 History

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SB535 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 535

(By Senators Bowman and Unger)

____________

[Originating in the Committee on Government Organization;

reported March 19, 2009.]

____________


A BILL to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended, relating to regulating time to sell alcohol in private clubs; exempting race tracks from the private club requirements; and authorizing certain counties and municipalities to designate an earlier time by ordinance.

Be it enacted by the Legislature of West Virginia:
That §60-7-12 of the Code of West Virginia, 1931, 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 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 o'clock a. m. and one o'clock p. m. on any Sunday: Provided, That the four race tracks are exempt from the provisions of this subdivision and this article and the counties of Berkeley, Brooke, Hancock, Jefferson, Morgan and Ohio, and the municipalities therein, may, by ordinance, designate an earlier time for any day of the week to cease selling, giving or dispensing alcohol in private clubs with the following limitations:
(A) The time to cease selling, giving or dispensing alcohol in private clubs may only be changed to two o'clock a. m.;
(B) The ordinance does not pertain to a race track
;
(C) A county may only designate the time to cease selling, giving or dispensing alcohol in private clubs within the area of the county and not within the corporate limits of a municipality; and
(D) Only a municipality may designate the time to cease selling, giving or dispensing alcohol in private clubs within the corporate limits of the municipality;
(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 to any person who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such 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 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 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 $500 nor more than $1,000 or imprisoned in the county jail for a period not to exceed one year, or both fined and imprisoned.
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