Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                Introduced House Bill 5631                           FISCAL
                                                    NOTE
               By Delegate Rowe [Introduced February 12, 2024; Referred to the Committee on Political Subdivisions then the Judiciary]
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 A BILL to amend and reenact §8-12-26 of the Code of West Virginia, as amended, and to amend
          and reenact §60-7-8g of said code, all relating to authorizing municipalities to create
          private outdoor or indoor designated areas; providing that if a municipality has passed an
          ordinance creating private outdoor or indoor designated areas for the consumption of beer,
          liquor and wine shall also be permitted in those areas; and providing that if a municipality
          has passed an ordinance creating private outdoor or indoor designated areas for the
          consumption of beer, a special permit designated Class S4 for a qualified permit holder
          operating in a private outdoor or indoor designated area approved by a municipality shall
          also permit the consumption of liquor and wine.
    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 or indoor designated areas.
          (a) In addition to all other powers and duties conferred by law upon municipalities,
 municipalities are empowered and authorized pass an ordinance establishing private outdoor or
 indoor designated areas as described in §60-7-8g of this code.
          (b) The municipality shall include in the ordinance, at a minimum, all of the following:
          (1) Requirements for the purpose of ensuring compliance with all state and municipal laws,
 and public health and safety within a private outdoor or indoor designated area;
          (2) The proposed outdoor or indoor designated area or proposed licensed premises shall
 be indicated on a submitted map or survey in sufficient detail to identify the boundaries of the area,
 subject to the limitations in subsection (b) of this section;
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        (3) A general statement of the nature and types of qualified permit holders that may
 operate within the proposed outdoor or indoor designated area;
        (4) That certain public property that is legally demarcated by the ordinance is within the
 proposed private outdoor or indoor designated area and such area is in compliance with the
 comprehensive plan or zoning ordinances of the municipality, if the municipality has so adopted,
 for the consumption of liquor, wine, nonintoxicating beer and nonintoxicating craft beer: Provided,
 That if a municipality has passed an ordinance creating private outdoor or indoor designated areas
 for the consumption of beer, notwithstanding any provision of law to the contrary liquor and wine
 shall also be permitted in those areas
        (5) The specific boundaries of the private outdoor or indoor designated area, including
 street addresses;
        (6) The number, spacing, and type of signage designating the private outdoor or indoor
 designated area;
        (7) The days and hours of operation for the private outdoor or indoor designated area
 which may not be greater than, authorized by §11-16-1 et seq. and chapter 60 of this code, but
 may be less than;
        (8) The estimated number of personnel needed to ensure public safety and efficient
 operations in the private outdoor or indoor designated area;
        (9) A sanitation plan that will help maintain the appearance and public health of the private
 outdoor or indoor designated area, including the number of restrooms and trash receptacles.
        (10) A requirement that liquor, wine, nonintoxicating beer, and nonintoxicating craft beer be
 served in non-glass containers, not greater than 18 fluid ounces, approved by the municipality and
 the commissioner as set forth in §60-7-8g of this code; and
        (11) Public health and safety measures, and requirements to meet compliance with current
 health permitting and zoning requirements.
        (c) The municipality shall provide to the commissioner notice of the approval of the private
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 outdoor or indoor designated area and identify the qualified permit holders that will be applying for
 permits set forth in §60-7-8g of this code.
        (d) The municipality shall be responsible for ensuring compliance with its ordinances and
 compliance with all criminal laws associated with the operation of a private outdoor or indoor
 designated area. The municipality shall provide the commissioner copies of all non-compliance
 and violations. The commissioner shall ensure all qualified permit holders operate in accordance
 with requirements set forth in §11-16-1 et seq. and chapter 60 of this code.
        (e) The municipality shall have the authority to dissolve a private outdoor or indoor
 designated area by ordinance and further may suspend a private outdoor or indoor designated
 area immediately when in the interest of public safety.
            CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
     ARTICLE              7.          LICENSES                 TO          PRIVATE              CLUBS.
     §60-7-8g. Special permit for a qualified permit holders in a private outdoor or indoor designated area; license fee and application; license subject to provisions of article.
         (a) There is hereby created a special permit designated Class S4 for a qualified permit
  holder operating in a private outdoor or indoor designated area approved by a municipality as set
  forth in §8-12-26 of this code for the consumption of liquor, wine, nonintoxicating beer, and
  nonintoxicating craft beer for on-premises consumption at a certain public property designated as
  a private outdoor or indoor designated area where multiple private club license type licensees who
  apply and obtain a qualified permit holder permit shall share liability and responsibility. Each
  qualified permit holder may sell, furnish, or serve liquor, wine, nonintoxicating beer, and
  nonintoxicating craft beer as provided in this section: Provided, That if a municipality has passed
  an ordinance creating private outdoor or indoor designated areas for the consumption of beer,
 notwithstanding any provision of law to the contrary liquor and wine shall also be permitted in
 those areas, a special permit designated Class S4 for a qualified permit holder operating in a
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 private outdoor designated area shall also permit the consumption of liquor and wine.
         (b) Definitions:
         (1) "Private outdoor or indoor designated area" means public property that has become a
 legally demarcated area established by a municipal ordinance as set forth in §8-12-26 of this code
 for the consumption of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer.
         (2) "Qualified permit holder" means the holder of a Class A license issued under §60-7-1 et
 seq. of this code.
         (c) To be eligible for the license authorized by subsection (a) of this section, the qualified
 permit holder shall:
         (1) Operate in a private outdoor or indoor designated area created by municipal ordinance
 as set forth in §8-12-26 of this code, and provide the commissioner a copy of the certified
 ordinance from the municipality;
         (2) Apply to the commissioner for the special permit prior to operating in an approved
 private outdoor or indoor designated area on an application provided by the commissioner;
         (3) Pay a nonrefundable non-prorated annual license fee of $100 to the commissioner;
         (4) Be in compliance with all state and federal laws and be in good standing with the
 commissioner;
         (5) Be approved by the municipality to operate in the private outdoor or indoor designated
 area;
         (6) Provide the days and hours of operation in the private designated area which cannot
 exceed the stated private club hours of operation;
         (7) Provide, in conjunction with the municipality, adequate restroom facilities, whether
 permanent or portable, to serve the members and guests who will be attending the private outdoor
 or indoor designated area;
         (8) Provide an executed agreement between all qualified permit holders stating that each
 qualified permit holder is jointly and severally liable for any improper acts or conduct committed in
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 the operation of the private outdoor or indoor designated area in conjunction with operation of their
 Class A license;
        (9) Provide a security plan for the private outdoor or indoor designated area indicating: All
 qualified permit holders' licensed premises where alcohol will be served in approved non-glass
 containers; all entrances and exits in order to verify members', patrons', and guests' ages, and to
 assess whether a member, patron, or guest is under 21 years of age or intoxicated; and a plan to
 provide for the public health and safety of members, patrons, and guests;
        (10) Provide a floorplan for the private outdoor or indoor designated area indicating a
 legally demarcated area that is bounded or utilizes signage to safely account for the ingress and
 egress of members, patrons, and guests who will be within the private outdoor or indoor
 designated area and also be permitted to carry liquor, wine, nonintoxicating beer, and
 nonintoxicating craft beer on and off of the qualified permit holders' licensed premises and within
 the private outdoor or indoor designated area when contained in an approved non-glass container.
 The private outdoor or indoor designated area's floorplan does comprise a separate licensed
 premises authorized only for the lawful consumption of liquor, wine, nonintoxicating beer, or
 nonintoxicating craft beer throughout the licensed premises when lawfully purchased from a
 qualified permit holder;
        (11) Meet and be subject to all other private club license type requirements;
        (12) Provide a plan to prevent members, guests, and patrons from bringing, consuming, or
 selling alcohol not in an approved non-glasscontainer in the private outdoor or indoor designated
 area; and
        (13) Use an age verification system approved by the commissioner.
        (c) As set forth in §8-12-26 of this code a municipality may, by ordinance, establish a
 private outdoor or indoor designated area where the municipality may zone, set requirements and
 establish conditions for safe operation of private outdoor or indoor designated area by qualified
 permit holders.
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        (d) A municipality shall be responsible for the enforcement of any criminal violations
 occurring in a private outdoor or indoor designated area and shall report such violations to
 commissioner for a determination of any violation of §11-16-1 et seq. and chapter 60 of this code.
        (e) The commissioner shall enforce any violations of §11-16-1 et seq. and chapter 60 of
 this code committed by qualified permit holders against their permit and their Class A license.
        (f) A qualified permit holder that is separately authorized for an outdoor or indoor dining
 area or sidewalk dining area may continue to operate those areas in conjunction with the private
 outdoor or indoor designated area subject to the commissioner's requirements.
        (g) A licensee permitted under this section is subject to all other provisions of this article
 and the rules and orders of the commissioner: Provided, That the commissioner may, by rule or
 order, allow certain waivers or exceptions with respect to those provisions, rules, or orders as
 required by the circumstances of for the operation of qualified permit holders in each private
 outdoor or indoor designated area. The commissioner may revoke or suspend immediately any
 permit issued under this section prior to any notice or hearing, notwithstanding §60-7-13a of this
 code: Provided, however, That under no circumstances may the provisions of §60-7-12 of this
 code be waived or an exception granted with respect thereto.
            NOTE: The purpose of this bill is to require a municipality that has passed an ordinance creating private outdoor or indoor designated areas for the consumption of beer, then liquor and wine shall also be permitted in those areas.
            Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 8-12-26, 60-7-8g