West Virginia 2024 Regular Session

West Virginia House Bill HB5295

Introduced
1/29/24  
Refer
1/29/24  
Refer
2/2/24  
Engrossed
2/13/24  
Refer
2/14/24  
Refer
2/14/24  
Report Pass
2/19/24  
Enrolled
3/4/24  
Passed
3/9/24  

Caption

Authorizing a private outdoor designated area to simultaneously host multiple qualified permit holders

Impact

With the approval of HB5295, municipalities are granted the authority to define private outdoor designated areas that comply with local zoning and comprehensive plans. This legislative change allows for the easier hosting of events that require a liquor license, thus encouraging community engagement and economic activity in the form of festivals and fairs. The introduction of a special S4 license enables the sale of alcoholic beverages in these designated areas, broadening opportunities for permit holders while ensuring that municipal regulations are upheld.

Summary

House Bill 5295 is designed to amend the existing Code of West Virginia to establish the framework for private outdoor designated areas where multiple qualified permit holders can simultaneously host events. This includes licensing provisions for the sale and consumption of alcoholic beverages such as liquor, wine, and nonintoxicating beer and craft beer. The bill aims to support various events like private fairs and festivals by allowing them to operate under a regulated environment, promoting social gatherings while also ensuring compliance with health and safety standards.

Sentiment

The sentiment surrounding HB5295 appears to be supportive, particularly from sectors interested in enhancing local event opportunities and economic growth. However, there are underlying concerns about the implementation and the responsibilities placed on municipalities regarding enforcement and compliance. The balance of providing enjoyable public experiences while maintaining safety standards is critical to the bill's success.

Contention

Notable points of contention relating to HB5295 include the liabilities associated with multiple permit holders operating simultaneously and the municipality's ongoing responsibility for safety enforcement. Moreover, there could be debates regarding the potential over-saturation of events in certain areas and the impact on local communities that may arise from increased commercial activity, leading to discussions on how to appropriately manage and regulate these outdoor events.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3467

To allow for designated Outdoor Refreshment Areas

WV HB2985

Relating to authorizing municipalities to establish outdoor refreshment areas for consumption of alcoholic beverages and non-intoxicating beer

WV SB534

Relating to nonintoxicating beer, nonintoxicating craft beer, cider, wine, and liquor license requirements

WV SB457

Removing certain activities Alcohol Beverage Control Commission licensee is prohibited to permit on private club premises

WV HB2349

Authorizing a temporary foreign brewers import license

WV SB278

Protecting minors from exposure to indecent displays of sexually explicit nature

WV SB220

Industrial Hemp Development Act

WV HB3308

Authorizing PSC consider and issue financing orders to certain utilities to permit the recovery of certain costs through securitization via consumer rate relief bonds

WV HB3177

Relating to charitable bingo and alcohol sales and consumption while such bingo is taking places

WV SB118

Relating to outdoor advertising regulated by DOH

Similar Bills

WV HB5294

Revising state law regulating farm wineries

WV HB2055

Relating to requirements for canned or packaged food and percentage limits for fortified wine

WV HB2054

Relating to liability of vendors in private farmers markets

WV SB534

Relating to nonintoxicating beer, nonintoxicating craft beer, cider, wine, and liquor license requirements

WV HB3467

To allow for designated Outdoor Refreshment Areas

WV HB2200

Allowing the issuance of special licenses for one-day charitable events for the sale, serving, and auctioning of beer, and alcoholic liquors