Bill Text: WV HB4436 | 2014 | Regular Session | Introduced
Bill Title: Providing exceptions to the definition of public place
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-02-07 - To House Judiciary [HB4436 Detail]
Download: West_Virginia-2014-HB4436-Introduced.html
H. B. 4436
(By Delegates E. Nelson, Skaff, Storch, Pasdon,
Reynolds, Skinner, Manchin, Espinosa, Ambler,
Poore and Hunt)
[Introduced February 7, 2014; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended, relating to providing exceptions to the definition of “public place.”
Be it enacted by the Legislature of West Virginia:
That §60-1-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5. Definitions.
For the purposes of this chapter:
"Alcohol" shall mean means ethyl alcohol whatever its origin and shall include includes synthetic ethyl alcohol but not denatured alcohol.
"Beer" shall mean means any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more alcohol than that of nonintoxicating beer.
"Nonintoxicating beer" shall mean means any beverage, obtained by the fermentation of barley, malt, hops, or similar products or substitute, and containing not more alcohol than that specified by section two, article sixteen, chapter eleven.
"Wine" shall mean means any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.
"Spirits" shall mean means any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution, and includes brandy, rum, whiskey, cordials and gin.
"Alcoholic liquor" shall include includes alcohol, beer, wine and spirits, and any liquid or solid capable of being used as a beverage, but shall does not include nonintoxicating beer.
"Original package" shall mean means any closed or sealed container or receptacle used for holding alcoholic liquor.
"Sale" shall mean means any transfer, exchange or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent or employee.
"Selling" shall include includes solicitation or receipt of orders; possession for sale; and possession with intent to sell.
"Person" shall mean means an individual, firm, partnership, limited partnership, corporation or voluntary association.
"Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor.
"Manufacturer" shall mean means any person engaged in the manufacture of any alcoholic liquor, and among others includes a distiller, a rectifier, a wine maker and a brewer.
"Brewery" shall mean means an establishment where beer is manufactured or in any way prepared.
"Winery" shall mean means an establishment where wine is manufactured or in any way prepared.
"Distillery" shall mean means an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.
"Public place" shall mean means any place, building or conveyance to which the public has, or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies, and corridors of hotels and any highway, street, lane, park or place of public resort or amusement: Provided, That the term "public place" shall does not mean or include any of the above-named places or any portion or portions thereof of the places which qualify and are licensed under the provisions of this chapter to sell alcoholic liquors for consumption on the premises: Provided, however, That the term "public place" does not mean or include any demarcated dining area adjoining any portion of a place included in this paragraph which qualifies and is licensed under the provisions of this chapter to sell alcoholic liquors for consumption on the premises.
"State liquor store" shall mean means a store established and operated by the commission under this chapter for the sale of alcoholic liquor in the original package for consumption off the premises.
"An agency" shall mean means a drugstore, grocery store or general store designated by the commission as a retail distributor of alcoholic liquor for the West Virginia Alcohol Beverage Control Commissioner.
"Department" shall mean means the organization through which the commission exercises powers imposed upon it by this chapter.
"Commissioner" or "Commission" shall mean means the West Virginia Alcohol Beverage Control Commissioner.
"Intoxicated" shall mean means having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
NOTE: The purpose of this bill is to provide exceptions to the definition of “public place” found in this article.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
