Bill Text: WV SB637 | 2017 | Regular Session | Comm Sub
Bill Title: Relating to private club operations requirements
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-05-23 - Chapter 239, Acts, Regular Session, 2017 [SB637 Detail]
Download: West_Virginia-2017-SB637-Comm_Sub.html
WEST virginia legislature
2017 regular session
Committee Substitute
for
Senate Bill 637
By Senators Trump and Rucker
[Originating in the Committee on the Judiciary; reported on March 25, 2017]
A BILL to amend and reenact §60-7-2 and §60-7-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8-27 of said code, all relating generally to private club operations requirements; defining terms; permitting certain private club licensees that operate tourist destination and resort facilities to obtain one private resort hotel license for the lawful sale and consumption of alcoholic liquors and nonintoxicating beer in designated and approved areas throughout the licensed premises but within the confines of the property; permitting certain private club licensees that operate golf or country clubs to obtain one private golf club license for the lawful sale and consumption of alcoholic liquors and nonintoxicating beer on the premises of the facility; establishing license requirement; permitting patrons seventeen years of age to enter the licensed premises unaccompanied by a parent or legal guardian at private resort hotels and private golf clubs under limited circumstances, subject to certain conditions, and certain private clubs with designated nonalcohol areas; and establishing license fees.
Be it enacted by the Legislature of West Virginia:
That §60-7-2 and §60-7-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §61-8-27 of said code be amended and reenacted, all to read as follows:
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-2. Definitions; power to lease building for establishment of private club.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) “Private club” means
any corporation or unincorporated association which either (1) belongs to or is
affiliated with a nationally recognized fraternal or veterans organization,
which is operated exclusively for the benefit of its members, which pays no
part of its income to its shareholders or individual members, which owns or
leases a building or other premises, to which club are admitted only duly
elected or approved dues paying members in good standing of such corporation or
association and their guests while in the company of a member and to which club
the general public is not admitted, and which club maintains in said building
or on said premises a suitable kitchen and dining facility with related
equipment for serving food to members and their guests, or (2) is a nonprofit
social club, which is operated exclusively for the benefit of its members,
which pays no part of its income to its shareholders or individual members,
which owns or leases a building or other premises, to which club are admitted
only duly elected or approved dues paying members in good standing of such
corporation or association and their guests while in the company of a member
and to which club the general public is not admitted, and which club maintains
in said building or on said premises a suitable kitchen and dining facility
with related equipment for serving food to members and their guests, or (3) is
organized and operated for legitimate purposes, which has at least one hundred
duly elected or approved dues paying members in good standing, which owns or
leases a building or other premises, including any vessel licensed or approved
by any federal agency to carry or accommodate passengers on navigable waters of
this state, to which club are admitted only duly elected or approved dues
paying members in good standing of such corporation or association and their
guests while in the company of a member and to which club the general public is
not admitted, and which club maintains in said building or on said premises a
suitable kitchen and dining facility with related equipment and employs a
sufficient number of persons for serving meals to members and their guests, or
(4) is organized for legitimate purposes and owns or leases a building or other
limited premises in any state, county or municipal park or at any airport, in
which building or premises a club has been established, to which club are
admitted only duly elected and approved dues paying members in good standing
and their guests while in the company of a member and to which club the general
public is not admitted, and which maintains in connection with said club a
suitable kitchen and dining facility and related equipment and employs a
sufficient number of persons for serving meals in said club to said members and
their guests.
(b) “Licensee” means the
holder of a license to operate a private club granted under the provisions of
this article, which license shall remain unexpired, unsuspended and unrevoked.
(c) (a) “Applicant” means a private club applying
for a license under the provisions of this article.
(b) “Code” means the official code of West Virginia, 1931, as amended.
(d) (c) “Commissioner” means the West Virginia
Alcohol Beverage Control Commissioner.
(e) “Code” means the
official Code of West Virginia, 1931, as amended.
(d) “Licensee” means the holder of a license to operate a private club granted under this article, which license shall remain unexpired, unsuspended and unrevoked.
(e) “Private club” means any corporation or unincorporated association which either: (1)
Belongs to or is affiliated with a nationally recognized fraternal or veterans’ organization which is operated exclusively for the benefit of its members, which pays no part of its income to its shareholders or individual members, which owns or leases a building or other premises to which club are admitted only duly elected or approved dues-paying members in good standing of the corporation or association and their quests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment for serving food to members and their quests; or (2) is a nonprofit social club, which is operated exclusively for the benefit of its members, which pays no part of its income to its shareholders or individual members, which owns or leases a building or other premises to which club are admitted only duly elected or approved dues paying members in good standing of the corporation or association and their quests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment for serving food to members and their quests; or (3) is organized and operated for legitimate purposes which has at least one hundred duly elected or approved dues-paying members in good standing, which owns or leases a building or other premises, including any vessel licensed or approved by any federal agency to carry or accommodate passengers on navigable waters of this state, to which club are admitted only duly elected or approved dues- paying members in good standing of the corporation or association and their guests while in the company of a member and to which club the general public is not admitted, and which club maintains in the building or on the premises a suitable kitchen and dining facility with related equipment and employs a sufficient number of persons for serving meals to members and their guests; or (4) is organized for legitimate purposes and owns or leases a building or other delimited premises in any state, county or municipal park or at any airport, in which building or premises a club has been established, to which club are admitted only duly elected and approved dues-paying members in good standing and their quests while in the company of a member and to which club the general public is not admitted, and which maintains in connection with the club a suitable kitchen and dining facility and related equipment and employs a sufficient number of persons for serving meals in the club to the members and their quests.
(f) “Private resort hotel” means an applicant for a private club or licensed private club licensee meeting the criteria set forth in this subsection which:
(1) Has at least five thousand members;
(2) Offers short-term daily-rate accommodations or lodging for members and their guests amounting to at least fifty separate bedrooms;
(3) Operates a restaurant and full kitchen with ovens, six-burner ranges, walk-in freezers and other kitchen utensils and apparatus as determined by the commissioner on the licensed premises and serves freshly prepared food at least twenty-five hours per week;
(4) Maintains, at any one time, $5,000 of fresh food inventory capable of being prepared in the private resort hotel’s full kitchen, and in calculating the food inventory the commissioner may not include microwavable, frozen or canned foods;
(5) Owns or leases, controls, operates and uses acreage amounting to at least ten contiguous acres of bounded or fenced real property which would be listed on the licensees’ floorplan and would be used for destination, resort and large contracted for group-type events such as weddings, reunions, conferences, meetings and sporting or recreational events;
(6) Lists the entire property from subdivision (5) of this subsection and all adjoining buildings and structures on the private resort hotel’s floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted .in a building or structure or outdoors while on the private resort hotel’s licensed premises and as noted on the private resort hotel’s floorplan;
(7) Has an identified person or persons or entity that has right, title and ownership or lease interest in the real property buildings and structures located on the proposed licensed premises; and
(8) Utilizes an age verification system approved by the commissioner.
(g) “Private golf club” means an applicant for a private club or licensed private club licensee meeting the criteria set forth in this subsection which:
(1) Has at least one thousand members;
(2) Maintains at least one eighteen hole golf course with separate and distinct golf playing holes, not reusing nine golf playing holes to comprise the eighteen golf playing holes, a clubhouse, and offers golf carts, whether electric or gasoline;
(3) Operates a restaurant and full kitchen with ovens, as determined by the commissioner, on the licensed premises and serves freshly prepared food at least fifteen hours per week;
(4) Owns or leases, controls, operates and uses acreage amounting to at least eighty contiguous acres of bounded or fenced real property which would be listed on the private golf club’s floorplan and could be used for golfing events and large contracted for group-type events such as weddings, reunions, conferences, meetings and sporting or recreational events;
(5) Lists the entire property from subdivision (4) of this subsection and all adjoining buildings and structures on the private golf club’s floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted, in a building or structure or outdoors while on the private golf club’s licensed premises and as noted on the private golf club’s floorplan;
(6) Has an identified person or persons or entity that has right, title and ownership interest in the real property buildings and structures located on the proposed licensed premises; and
(7) Utilizes an age verification system approved by the commissioner.
The Department of Natural
Resources, the authority governing any county or municipal park, or any county
commission, municipality, other governmental entity, public corporation or
public authority operating any park or airport shall have plenary power and
authority to may lease as lessor a building or portion thereof or
other limited premises in any such park or airport to any corporation or
unincorporated association for the establishment of a private club pursuant to
the provisions of this article.
§60-7-6. Annual license fee; partial fee.
(a) The annual license fee for a license issued under the provisions of this article to a fraternal or veterans organization or a nonprofit social club shall be $750.
(b) The annual license fee
for a license issued under the provisions of this article to a private club
other than a private club of the type specified in subsection (a) of this
section shall be $1,000 if such the private club has less than one thousand members, and $2,500 if such
the private club has one thousand or more members, $4,000 if the
private club is a private golf club as defined in section two of this article, and
further, if the private club is a private resort hotel as defined in section
two of this article, said private resort hotel may designate areas within the
licensed premises for the lawful sale, service and consumption of alcoholic
liquors as provided for by this article. The annual license fee for a private
resort hotel with five or fewer designated areas shall be $7,500, and the
annual license fee for a private resort hotel with at least six but no more
than ten designated areas shall be $12,500. The annual license fee for a
private resort hotel with at least eleven but no more than fifteen designated
areas shall be $17,500. The annual license fee for a private resort hotel with
no fewer than fifteen nor more than twenty designated areas shall be $22,500: Provided,
That a private resort hotel having obtained the license and paid the $22,500
annual license fee may, upon application to and approval of the commissioner,
designate additional areas for a period not to exceed seven days for an
additional fee of $150 per day, per designated area.
(c) The fee for any such license issued following January 1 of any year and to expire on June 30 of such year shall be one half of the annual license fee prescribed by subsections (a) and (b) of this section.
(d) All such fees shall be paid by the commissioner to the State Treasurer and credited to the General Revenue Fund of the state.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-27. Unlawful admission of children to dance house, etc.; penalty.
Any proprietor or any
person in charge of a dance house, concert saloon, theater, museum, or similar
place of amusement, or other place, where wines or spirituous or malt liquors
are sold or given away, or any place of entertainment injurious to health or
morals who admits or permits to remain therein any minor under the age of
eighteen years, unless accompanied by his or her parent or guardian, shall
be is guilty of a misdemeanor and, on conviction thereof, shall be
punished by a fine not exceeding $200: Provided, That there
is exemption from this prohibition for: (a) A private resort hotel and private
golf club licensed pursuant to article seven of chapter sixty and in compliance
with subdivision (8), subsection (f), section two of said article; or (b) a private
club with more than one thousand members that is in good standing with the
Alcohol Beverage Control Commissioner, that has been approved by the Alcohol
Beverage Control Commissioner and which has designated certain seating areas on
its licensed premises as nonalcoholic liquor and nonintoxicating beer areas, as
noted in the licensee’s floorplan.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
