(A) Definitions. For the purposes of this subchapter, the definitions of PRIVATE CLUB, LICENSEE, APPLICANT, COMMISSIONER and CODE shall be the same as contained in W.Va. Code § 60-7-2.
(Prior Code, § 757.01)
(B) License required. No licensee authorized by the state to sell alcoholic liquors, as provided by W.Va. Code § 60-7-3, shall do so within the corporate limits of the city without first having obtained a city license issued by the City Clerk as hereinafter provided.
(Prior Code, § 757.02)
(C) License application.
(1) Application for a license to operate a private club shall be made on such forms as may be prescribed by the City Clerk and shall include:
(a) The name of the applicant;
(b) If such application be an unincorporated association, the names and addresses of the members of its governing board;
(c) If such applicant be a corporation, the names and addresses of its officers and directors;
(d) The place at which such applicant will conduct its operations and whether the same is owned or leased by the applicant;
(e) The number of members of the applicant;
(f) The name or names of any national organizations with which the applicant is affiliated and the nature of such affiliation;
(g) The size and nature of the dining and kitchen facilities operated by the applicant; and
(h) Such other information as the City Clerk may reasonably require which shall include, but not be limited to, the criminal records, if any, of each member of applicant’s governing board and/or its officers and directors who have been convicted of a felony or a crime involving moral turpitude.
(2) Such application shall be verified by each member of the governing board of the applicant if an unincorporated association or, if the applicant be a corporation, by each of its officers and all members of its board of directors. Such application shall be accompanied by the license fee hereinafter prescribed.
(Prior Code, § 757.03)
(D) Licensing procedure.
(1) Upon receipt of the application referred to in division (C) above, together with the accompanying license fee hereinafter set out, the City Clerk may conduct such investigation as he or she may deem necessary to determine the accuracy of the matters contained in such application. The City Clerk shall withhold issuing such license until such time as the applicant exhibits a valid private club license issued by the West Virginia Alcohol Beverage Control Commissioner. Upon the exhibition thereof by the applicant, or within 30 days thereafter, the City Clerk shall issue the city license unless it appears from the investigation conducted by the City Clerk that the application submitted by the applicant contains one or more material inaccuracies or false statements in which event the City Clerk shall refuse to issue such license until such time as the applicant has corrected such inaccuracies or false statements.
(2) In the event the applicant fails or refuses to correct such inaccuracies or false statements contained in the application, the City Clerk shall deny the application and refuse to issue the license and shall forthwith refund to the applicant the fee accompanying his or her application. Further, the City Clerk shall advise the Commissioner, in writing, of his or her reasons for denying the application.
(3) Any license issued pursuant to an application received hereunder shall authorize the licensee to sell alcoholic liquors at only one location specified in the license.
(4) Any license issued hereunder shall expire on June 30 next following the date of issue and may be renewed upon the same showing as required for the issuance of the original license, together with the payment of fees hereinafter prescribed.
(5) A license issued under the provisions of this subchapter shall not be transferable with regard to either licensee or location.
(6) The City Clerk shall attach to any license issued hereunder a copy of this subchapter, together with a notice advising the licensee to fully acquaint himself or herself with the provisions of this subchapter.
(Prior Code, § 757.04)
(E) Annual license fee; proration.
(1) The annual municipal license fee for a license issued under the provisions of this subchapter shall be as follows:
(a) For a licensee having 100 members or less: in an amount set by Council from time to time;
(b) For a licensee having more than 100, but less than 300 members: in an amount set by Council from time to time;
(c) For a licensee having 300 or more, but less than 600 members: in an amount set by Council from time to time; and
(d) For a licensee having 600 or more members: in an amount set by Council from time to time.
(2) The fee for any such license issued following January 1, and which expires on June 30, of such year shall be one-half of that prescribed by division (E)(1)(b) above; provided, however, with respect to the 1966-1967 fiscal year only, the fee for any license issued hereunder shall be one-quarter of that prescribed by division (E)(1) above.
(Prior Code, § 757.05)
(F) Certain acts prohibited.
(1) No licensee, agent, employee or member thereof, shall do any of the following, on such licensee’s premises:
(a) Sell or offer for sale any alcoholic liquors other than from the original package or container;
(b) Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice;
(c) Sell, give away or permit the sale of, gift to, or the procurement of any alcoholic liquors, for any minor, mental incompetent or person who is physically incapacitated due to the consumption of alcoholic liquor, or the use of drugs;
(d) Sell, give or dispense alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of 2:00 a.m. and 1:00 p.m. on any Sunday;
(e) Permit the consumption by, or serve to, on the licensed premises, any alcoholic liquors, covered by this section, to any person under the age of 21 years; or
(f) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor.
(2) No licensee shall advertise in any news media or other means, outside of the licensee’s premises, the fact that alcoholic liquors may be purchased thereat.
(Prior Code, § 757.06)
(G) Revocation of license. Upon final conviction of a licensee, or any employee thereof acting within the scope of his or her employment of any provision of this subchapter or upon final conviction of a licensee or any employee thereof acting within the scope of his or her employment of any violation of any municipal ordinance relating to the regulation, control and sale of alcoholic liquors, or to the regulation and control of gambling or prostitution, the City Clerk shall revoke the licensee’s municipal license. Such license so revoked shall not be reissued or reinstated for a period of one year from the date of such revocation. Upon final conviction of any licensee, or any employee thereof acting within the scope of his or her employment, as aforementioned, the City Clerk shall, in writing, immediately advise the Commissioner thereof.
(Prior Code, § 757.07) Penalty, see § 112.99
Statutory reference:
Authority to license, see W.Va. Code § 8-13-7, 60-7-7
Private clubs, see W.Va. Code Art. 60-7