H. B. 4118
(By Delegates Fleischauer, Marshall, Beach,
Shook, Varner, Manchin, Sumner, Longstreth,
Pino, Palumbo and Hatfield)
[Introduced January 21, 2008; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §60-7-10 of the Code of West Virginia,
1931, 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 §60-7-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-10. 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 and encouraged to reach cooperative agreements for
assistance with the State Police, county sheriff's departments,
university law enforcement 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
and university law enforcement 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.
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