H. B. 2720
(By Delegates Overington and Rowan)
[Introduced February 25, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §60-7-10 and §60-7-12 of the Code of
West Virginia, 1931, as amended, all relating to requiring
private clubs to be closed from two o'clock a.m. to seven
o'clock a.m. on weekdays; requiring patrons of those clubs to
exit the club no later than sixty minutes after the dispensing
of nonintoxicating beer, wine or alcoholic liquors has ceased;
providing criminal penalties; and updating statutory language.
Be it enacted by the Legislature of West Virginia:
That §60-7-10 and §60-7-12 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all 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 purposes of inspecting the same the premises and
determining the compliance of said whether the licensee has
complied with the provisions of this article and any rules and
regulations promulgated by the commissioner pursuant to the
provisions of this article.
(c) To promulgate such propose for promulgation 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 commissioner shall propose rules
and regulations shall be promulgated for promulgation in accordance
with the provisions of article three, chapter twenty-nine-a of the
this 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.
(e) The authority granted in subdivisions subsections (a), (b) and (d) of this section may also be exercised by the duly
authorized agents of the commissioner.
§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, except as provided in article twenty-two-a, chapter
twenty-nine of this code;
(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) (A) 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 two
o'clock a.m. and one o'clock p.m. on any Sunday, or between the
hours of two o'clock a.m. and seven o'clock a.m. on any weekday;
and
_____(B) Any patron present on the licensed premises after the sale
or dispensing of nonintoxicating beer, wine or alcoholic liquors
has ceased, as provided in paragraph (A) of this subdivision, shall
have a reasonable time, not to exceed sixty minutes, to vacate the
premises;
(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 a 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 there.
(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
confined in the county jail for a period not to exceed more than
one year, or both fined and imprisoned confined.
NOTE: The purpose of this bill is to require private clubs to
be closed from two o'clock a.m. to seven o'clock a.m. on weekdays.
The bill requires patrons of those clubs to exit the club not later
than sixty minutes after the dispensing of nonintoxicating beer,
wine or alcoholic liquors has ceased. The bill provides criminal
penalties. The bill also updates statutory language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.