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PRIVATE CLUBS
§ 112.30 LICENSE FEE IMPOSED.
   All private clubs, as defined in W. Va. Code 60-7-2, the premises of which are situated within the corporate limits of the city and which are operated for a profit inuring to the benefit of their owners, shall pay to the city an annual license fee for a license issued under the provisions of W. Va. Code Article 60-7, as provided in §§ 111.01 to 111.17.
(Prior Code, § 705.08)
§ 112.31 DUTY OF LOCAL HOLDERS OF STATE LICENSES TO REPORT TO CITY RECORDER.
   Each licensee holding a state license issued under the provisions of W. Va. Code Article 60-7 for a private club, the premises of which are situated in this city, shall, upon first obtaining such license and at the time of each renewal thereof, report to the City Recorder and display such state license to him or her and pay the city license fee which is imposed upon him or her by this subchapter; and no such licensee or any officer, member or employee of any private club so licensed, the premises of which are situated in this city, shall sell intoxicating liquor upon such premises unless all fees due to the city, as provided in this subchapter, have then been paid. All such fees shall be paid in the City Recorder’s office at the City Hall on or before June 30 of the ensuing fiscal year, whereupon a license shall be issued by the City Recorder, which shall be on such form or forms as prescribed by him or her.
(Prior Code, § 705.09)
§ 112.32 CITY RECORDER TO MAINTAIN RECORDS OF STATE LICENSES.
   The City Recorder, upon display to him or her of a state private club license, shall make a record thereof and preserve such record in his or her office, and, upon payment to him or her of the city license fee as prescribed in this subchapter, he or she shall issue to the licensee a receipt for such payment, which shall indicate the amount paid, the type of private club and its address within the city, and expiration date of the license for which such city license fee has been paid. It shall be the duty of each such licensee to maintain such city receipt on display in a conspicuous place on the premises of the private club to which it relates.
(Prior Code, § 705.10)
§ 112.33 AUTOMATIC REVOCATION OF CITY LICENSE WHEN STATE LICENSE REVOKED.
   In the event that any private club license issued by the state, or any agency thereof, is revoked, then in such event, any license issued under this subchapter shall be likewise revoked and shall be null and void, without the necessity of further proceedings hereunder, and the City Recorder shall note the fact in his or her records.
(Prior Code, § 705.11)
LIQUOR CONTROL
§ 112.45 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC LIQUOR. Includes alcohol, beer, wine and spirits, and any liquid or solid capable of being used as a beverage, but shall not include non-intoxicating beer.
   BEER. Any beverage obtained by the fermentation of barley, malt, hops or any other similar product or substitute, and containing more alcohol than that of non-intoxicating beer.
   INTOXICATED. Having one’s faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
   MANUFACTURER. Any person engaged in the manufacture of any alcoholic liquor, including, among others, a distiller, rectifier, wine maker and brewer.
   NON-INTOXICATING BEER. All cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and containing at least 0.5% alcohol by volume, but not more than 4.2% of alcohol by weight, or 6% by volume, whichever is greater, all of which are hereby declared to be non-intoxicating and the word LIQUOR as used in this subchapter shall not be construed to include or embrace non-intoxicating beer nor any of the beverages, products, mixtures or preparation included within this definition.
   PERSON. An individual, firm, partnership, limited partnership, corporation or voluntary association.
   PUBLIC PLACE. 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. PUBLIC PLACE does not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of W. Va. Code Chapter 60 or the codified ordinances to sell alcoholic liquors for consumption on the premises.
   SALE. Any transfer, exchange or barter in any manner or by any means, for a consideration, and includes all sales made by any principal, proprietor, agent or employee.
   SELLING. Includes the solicitation or receipt of orders, possession for sale, and possession with intent to sell.
   WINE. Any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar.
(W. Va. Code 60-1-5) (Prior Code, § 521.01)
§ 112.46 REGULATIONS NOT APPLICABLE TO CERTAIN USES BY PHYSICIANS, DRUGGISTS AND OTHERS.
   The provisions of this subchapter shall not prevent:
   (A)   A physician from prescribing the use of alcoholic liquors when necessary for a bona fide patient;
   (B)   A druggist from selling, upon a prescription properly issued by a physician, alcoholic liquors for medicinal purposes;
   (C)   A physician, dentist or veterinarian, in the legitimate practice of his or her profession, from using and administering alcoholic liquors;
   (D)   Hospitals, sanitariums or that division of any institution which is regularly conducted as a hospital, dispensary or infirmary from using or administering alcoholic liquors to bona fide patients. Institutions and the divisions thereof provided in this section may carry a stock of alcoholic liquors sufficient for this purpose; and
   (E)   Religious organizations from using wine for sacramental purposes.
(W. Va. Code 60-6-5) (Prior Code, § 521.02)
§ 112.47 PROHIBITED ACTS GENERALLY.
   No person shall:
   (A)   Manufacture or sell in this city, without a license, any alcoholic liquor except as permitted by W. Va. Code Chapter 60;
   (B)   Aid or abet in the manufacture or sale of alcoholic liquor without a license, except as permitted by W. Va. Code Chapter 60;
   (C)   Sell without a license any alcoholic liquor other than provided by W. Va. Code Article 60-6;
   (D)   Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, unrectified or impure form of ethyl alcohol, or any other foreign or deleterious substance or liquid;
   (E)   Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this state;
   (F)   Advertise any alcoholic liquor in this state except in accordance with the rules and regulations of the state’s Alcohol Beverage Control Commissioner;
   (G)   Distribute, deal in, process or use crowns, stamps or seals required under the authority of W. Va. Code Chapter 60, except in accordance with the rules and regulations prescribed by the state’s Alcohol Beverage Control Commissioner; or
(W. Va. Code 60-6-7)
   (H)   Manufacture, sell, give or offer to make a sale or gift of, transport or otherwise possess any alcoholic liquor or non-intoxicating beer except as permitted by W. Va. Code Chapters 11 and 60.
(Prior Code, § 521.03)
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