Senate Bill No. 535
(By Senators Bowman and Unger)
[Introduced March 11, 2009; referred to the Committee on
A BILL to amend and reenact §60-2-16 of the Code of West Virginia,
1931, as amended, relating to allowing counties with
contiguous borders with other states where the closing time
for bars is earlier than the closing time set by the Alcohol
Beverage Control Commission to set a closing time at an hour
no later than that of the contiguous state.
Be it enacted by the Legislature of West Virginia:
That §60-2-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
The commission shall have the power to prescribe rules
to give effect to the powers vested in it by this
shall be recorded in a book
especially kept for that purpose, and in its discretion may be published for general circulation. All other records and entries
necessary to show the official conduct of the Commission shall be
preserved and shall be public records and open for inspection
during business hours.
(b) Any municipality, or for establishments located outside of
municipalities, the county commission may, by ordinance, set the
closing time of any business licensed by the Alcohol Beverage
Control Commission and engaged in the business of selling alcoholic
beverages for consumption on the premises, to a time of its
choosing. The ordinance supercedes any authority to set the
closing time granted the Alcohol Beverage Control Commissioner.
NOTE: The purpose of this bill is to allow municipalities and
county commissions to set a closing time for bars licensed by the
Alcohol Beverage Control Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would