WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 5295
BY DELEGATES W. CLARK, WILLIS, MARPLE, YOUNG,
SHAMBLIN, HORNBY, HITE, HALL, MAYNOR, E. PRITT, AND
LUCAS
[Passed March 4, 2024; in effect from passage.]
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1 AN ACT to amend and reenact §8-12-26 of the Code of West Virginia, 1931, as amended; and to
2 amend and reenact §60-7-2a, §60-7-8a, and §60-7-8g of said code, all relating to
3 expressly authorizing a private outdoor designated area to simultaneously host multiple
4 qualified permit holders, including but not limited to a special S2 licensed and properly
5 insured private fair and festival; providing that private outdoor designated areas may
6 simultaneously host multiple permit holders; defining a term; providing that the dual
7 licensing of private fairs and festivals simultaneous to other qualified permit holders is
8 permissible; and eliminating the joint and several liability of qualified permit holders.
Be it enacted by the Legislature of West Virginia:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL
OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-26. Authorizing municipalities to create private outdoor designated areas.
1 (a) In addition to all other powers and duties conferred by law upon municipalities,
2 municipalities are empowered and authorized to pass an ordinance establishing private outdoor
3 designated areas as described in §60-7-8g of this code.
4 (b) The municipality shall include in the ordinance, at a minimum, the following:
5 (1) Requirements for the purpose of ensuring compliance with all state and municipal laws,
6 and public health and safety within a private outdoor designated area;
7 (2) The proposed outdoor designated area or proposed licensed premises shall be
8 indicated on a submitted map or survey in sufficient detail to identify the boundaries of the area,
9 subject to the limitations in subsection (b) of this section;
10 (3) A general statement of the nature and types of qualified permit holders that may
11 operate within the proposed outdoor designated area;
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12 (4) That certain public property that is legally demarcated by the ordinance is within the
13 proposed private outdoor designated area and such area complies with the comprehensive plan
14 or zoning ordinances of the municipality, if the municipality has so adopted, for the consumption
15 of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer;
16 (5) The specific boundaries of the private outdoor designated area, including street
17 addresses;
18 (6) The number, spacing, and type of signage identifying the private outdoor designated
19 area;
20 (7) The days and hours of operation for the private outdoor designated area which may
21 not be greater than, but may be less than authorized by §11-16-1 et seq. and §60-1-1 et seq. of
22 this code, but may be less than;
23 (8) The estimated number of personnel needed to ensure public safety and efficient
24 operations in the private outdoor designated area;
25 (9) A sanitation plan that will help maintain the appearance and public health of the private
26 outdoor designated area, including the number of restrooms and trash receptacles;
27 (10) A requirement that liquor, wine, nonintoxicating beer, and nonintoxicating craft beer
28 be served in non-glass containers, not greater than 18 fluid ounces, approved by the municipality
29 and the commissioner as set forth in §60-7-8g of this code; and
30 (11) Public health and safety measures, and requirements to meet compliance with current
31 health permitting and zoning requirements.
32 (c) The municipality shall provide to the commissioner notice of the approval of the private
33 outdoor designated area and identify the qualified permit holders that will be applying for permits
34 set forth in §60-7-8g of this code. As set forth in §60-7-2a of this code, a private outdoor
35 designated area may simultaneously have multiple qualified permit holders as defined in §60-7-1
36 et seq. of the code, and is expressly authorized.
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37 (d) The municipality shall be responsible for ensuring compliance with its ordinances and
38 compliance with all criminal laws associated with the operation of a private outdoor designated
39 area. The municipality shall provide the commissioner copies of all non-compliance and violations.
40 The commissioner shall ensure all qualified permit holders operate in accordance with
41 requirements set forth in §11-16-1 et seq. and chapter 60 of this code.
42 (e) The municipality shall have the authority to dissolve a private outdoor designated area
43 by ordinance and further may suspend a private outdoor designated area immediately when in
44 the interest of public safety.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-2a. Dual licensing permitted; conditions.
1 (a) A private coliseum or center may permit a private fair and festival licensee to conduct
2 the temporary special event, authorized by that license, within, or on the private coliseum or center
3 licensee's licensed premises, in order to create tourism opportunities that will promote brewers,
4 resident brewers, wineries, farm wineries, distilleries, mini-distilleries, and micro-distilleries in this
5 state.
6 (b) A private coliseum or center licensee may host a special event for a private fair and
7 festival licensee on the licensee's licensed premises if both licensees are in good standing with
8 the commissioner and submit to the commissioner the temporary floorplan revisions of the private
9 coliseum or center in which the special event would be held to comprise the special event's lawful
10 premises, which shall only include spaces in buildings or rooms of the private coliseum or center's
11 licensed premises. By contractual agreement between the private coliseum or center licensee
12 and the private fair and festival licensee, the parties shall agree that the private coliseum or center
13 maintains control of its licensed premises, but for a set contracted rental time period. The private
14 fair and festival licensee shall safely account for the ingress and egress of the stated members
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15 and guests who will be attending the special event at the licensed premises. During the contracted
16 rental time period, the private fair and festival licensee is wholly responsible and liable for the
17 proper sale and serving of alcoholic liquors and nonintoxicating beer in the area designated as
18 the private fair and festival's temporary floorplan, as set forth in this section. The private fair and
19 festival's temporary floorplan shall comprise the private fair and festival's licensed premises for
20 the temporary special event, which is authorized for the lawful sale, service, and consumption of
21 alcoholic liquors and nonintoxicating beer throughout the private fair and festival's licensed
22 premises during this dually licensed temporary special event: Provided, That the private fair and
23 festival's licensed premises dually shared and licensed with the private coliseum or center shall:
24 (1) Have facilities to prepare and serve food and alcohol;
25 (2) Have adequate restrooms and sufficient building facilities for the expected number of
26 members and guests attending the event;
27 (3) Comply with all other requirements of its license in this article; and
28 (4) Comply with health, fire, safety, and zoning requirements.
29 (c) There is no limit on the number of private fair and festivals that may be held at a private
30 coliseum or center.
31 (d) The ability for a private outdoor designated area as defined in §8-12-26 of the code to
32 simultaneously have multiple qualified permit holders as defined in §60-7-1 et seq. of the code, is
33 expressly authorized.
§60-7-8a. Special license for a private fair and festival; licensee fee and application; license fee; license subject to provisions of article; exception.
1 (a) There is hereby created a special license designated Class S2 private fair and festival
2 license for the retail sale of alcoholic liquors and nonintoxicating beer, and nonintoxicating craft
3 beer for on-premises consumption.
4 (b) To be eligible for the license authorized by subsection (a) of this section, the private
5 fair, festival, or other event shall:
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6 (1) Be sponsored, endorsed, or approved by the governing body or its designee of the
7 county or municipality in which the private fair, festival, or other event is located;
8 (2) Make application with the commissioner at least 15 days prior to the private fair,
9 festival, or other event;
10 (3) Pay a nonrefundable non-prorated license fee of $500; and
11 (4) Be approved by the commissioner to operate the private fair, festival, or other event.
12 (c) A private fair and festival license under this section shall be for a duration of no more
13 than 10 consecutive days.
14 (d) Nonintoxicating beer and nonintoxicating craft beer sold, furnished, tendered, or served
15 for on-premises consumption by the private fair and festival pursuant to the license created by
16 this section shall be purchased from licensed distributors that service the area in which the private
17 fair and festival is held or from a resident brewer acting in a limited capacity as a distributor, all in
18 accordance with §11-16-1 et seq. of this code. Sealed containers of nonintoxicating beer or
19 nonintoxicating craft beer may be sold for off-premises consumption if the nonintoxicating beer
20 and nonintoxicating craft beer is being sold by an authorized brewer or resident brewer, as set
21 forth in §11-16-6a(d) of this code, who manufactures the nonintoxicating beer or nonintoxicating
22 craft beer in this state. The off-premises consumption sales shall be made pursuant to a written
23 agreement between the private fair and festival and an authorized brewer or resident brewer.
24 Prior to the start of the private fair or festival, an authorized brewer or resident brewer who agrees
25 to offer off-premises consumption sales of their nonintoxicating beer or nonintoxicating craft beer
26 from a booth or other facility on the private fair and festival's licensed premises must meet the
27 requirements of §11-16-6a(d) of this code. The written agreement with each authorized brewer or
28 resident brewer shall account for lawful sales of nonintoxicating beer and nonintoxicating craft
29 beer sold for off-premises consumption as set forth in §11-16-1 et seq. of this code. The
30 authorized and approved brewer, resident brewer, or its licensed representatives may give or sell
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31 approved promotional items to private fair and festival members and guests, but not to the private
32 fair and festival's volunteers, independent contractors, or employees.
33 (e) Wine or hard cider sold, furnished, tendered, or served for on-premises consumption
34 by the private fair and festival pursuant to the license created by this section shall be purchased
35 from a licensed wine or hard cider distributor or farm winery in accordance with §60-8-1 et seq.
36 of this code and §60-8A-1 et seq. of this code, as applicable. Sealed containers of wine or hard
37 cider may be sold for off-premises consumption if the wine or hard cider is being sold by an
38 authorized winery or farm winery, as set forth in §60-4-3b(m) and §60-8A-5(c) of this code, who
39 manufactures the wine or hard cider in this state. The off-premises consumption sales shall be
40 made pursuant to a written agreement between the private fair and festival and an authorized
41 winery or farm winery. An authorized winery or farm winery who agrees to offer their wine or hard
42 cider for off-premises consumption sales from a booth or other facility on the private fair and
43 festival's licensed premises prior to the start of the private fair or festival shall meet the
44 requirements of §60-4-3b(m) and §60-8A-5(c) of this code, as applicable. The written agreement
45 with each authorized winery or farm winery shall account for lawful sales of wine or hard cider
46 sold for off-premises consumption as set forth in §60-8-1 et seq. of this code and §60-8A-1 et
47 seq. of this code, as applicable. The authorized and approved winery, farm winery, or its licensed
48 representatives may give or sell approved promotional items to private fair and festival members
49 and guests, but not to the private fair and festival's volunteers, independent contractors, or
50 employees.
51 (f) Liquor sold, furnished, tendered, or served for on-premises consumption by the private
52 fair and festival pursuant to the license created by this section shall be purchased from a licensed
53 retail liquor outlet in the market zone or contiguous market zone where the private fair or festival
54 is occurring, all in accordance with §60-3A-1 et seq. of this code. Sealed containers of liquor may
55 be sold for off-premises consumption if the liquor is being sold by an authorized distillery, mini-
56 distillery, or micro-distillery, as set forth in §60-4-3a of this code, who manufactures their liquor in
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57 this state. Off-premises consumption sales shall comply with §60-3A-17 of this code and §60-4-
58 3a(c) of this code shall not apply to these sales. The off-premises consumption sales shall be
59 made pursuant to a written agreement between the private fair and festival and an authorized
60 distillery, mini-distillery, or micro-distillery. An authorized licensed distillery, mini-distillery, or
61 micro-distillery who agrees to offer off-premises consumption sales of their manufactured liquor
62 from a booth or other facility on the private fair and festival's licensed premises prior to the start
63 of the private fair, festival, or other event must meet the requirements as set forth in §60-4-3a of
64 this code. The written agreement with each authorized distillery, mini-distillery, or micro-distillery
65 shall account for lawful sales of liquor sold for off-premises consumption as set forth in §60-3A-1
66 of this code. An authorized and approved distillery, mini-distillery, micro-distillery, or its licensed
67 representatives may give or sell approved promotional items to private fair and festival members
68 and guests, but not to the private fair and festival's volunteers, independent contractors, or
69 employees.
70 (g) A licensee authorized by this section may use bona fide employees, volunteers, or, in
71 limited circumstances, licensed representatives to sell, furnish, tender, or serve the
72 nonintoxicating beer, nonintoxicating craft beer, wine, liquor, or hard cider.
73 (h) Licensed representatives of an authorized and approved brewer, resident brewer, beer
74 distributor, wine distributor, wine supplier, winery, farm winery, distillery, mini-distillery, micro-
75 distillery, and liquor broker representatives may attend a private fair and festival and discuss their
76 respective products but shall not engage in the selling, furnishing, tendering, or serving of any
77 nonintoxicating beer, nonintoxicating craft beer, wine, hard cider, or liquor. However, licensed
78 representatives of a brewer, resident brewer, winery, farm winery, distillery, mini-distillery, or
79 micro-distillery that has agreed in writing to conduct sampling and off-premises consumption sales
80 of their respective licensee's products at the private fair and festival, may discuss their respective
81 products and engage in the limited giving of complimentary samples in accordance with §11-16-
82 6a (c) and (d), §60-4-3a (a) and (b), and §60-4-3b (b) and (m) of this code; and the selling of
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83 sealed bottles or cans of their respective nonintoxicating beer, nonintoxicating craft beer, wine,
84 hard cider, or liquor products for off-premises consumption. All taxes and fees must be paid on
85 lawful sales.
86 (i) A license issued under this section and the licensee are subject to all other provisions
87 of this article and the rules and orders of the commissioner: Provided, That the commissioner may
88 by rule or order allow certain waivers or exceptions with respect to those provisions, rules, or
89 orders as the circumstances of each private fair and festival require, including, without limitation,
90 the right to revoke or suspend immediately any license issued under this section prior to any
91 notice or hearing, notwithstanding §60-7-13a of this code: Provided, however, That under no
92 circumstances may the provisions of §60-7-12 of this code be waived or an exception granted
93 with respect thereto.
94 (j) Dual licensing is permitted for private fairs and festivals pursuant to §60-7-2a of this
95 code, including, but not limited to, dual licensing simultaneous to any other qualified permit
96 holders as defined in §60-7-1 et seq. of the code.
97 (k) A private fair and festival licensee who executes a written agreement with a licensed
98 brewer, resident brewer, winery, farm winery, distillery, mini-distillery, micro-distillery, or their
99 licensed representatives is jointly liable and responsible for any violations of this article.