West Virginia Legislature
2016 Regular Session
House Bill 2479
(By Delegates Fleischauer, Sobonya, Statler, Kurcaba, Morgan, Hartman, Perdue, Manchin, Pethtel and Overington)
[Introduced January 13, 2016; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60‑7‑10 of the Code of West Virginia, 1931, as amended, relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs; clarifying that the grant of authority to the Alcohol Beverage Control Commissioner and his or her agents to enter and inspect the premises of a private club does not limit or restrict the authority of local law enforcement to enter any public area on or adjacent to any private club or taking other appropriate police action or investigation to enforce the underage drinking laws of this state.
Be it enacted by the Legislature of West Virginia:
That §60‑7‑10 of the Code of West Virginia, 1931, as amended, be amended and reenacted 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 of inspecting the same, and determining the compliance of
said licensee with the provisions of this article and any rules
regulations promulgated by the commissioner pursuant to the provisions of
(c) To promulgate such reasonable rules
as may be necessary for the execution and enforcement of the provisions of this
article, which may include, but shall may 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
rules and regulations shall be promulgated in accordance with the
provisions of article three, chapter twenty‑nine‑a of the 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
(e) The authority granted in subdivisions (a), (b), and (d) of this section may also be exercised by the duly authorized agents of the commissioner.
(f) The grant of authority to the commissioner and his or her agents under this section does not limit or restrict the authority of state or local law- enforcement officers to enter any public area on or adjacent to any private club or undertaking other appropriate action or investigation to enforce the underage drinking laws set forth in section twelve‑a of this article.
NOTE: The purpose of this bill is to state the legal right and authority of state or local law enforcement to enter public areas on or adjacent to any private club, or take other appropriate police action to enforce the underage drinking laws of this state.
Strike‑throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.