Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 640
(By Senators Unger and Foster)
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[Introduced February 17, 2012; referred to the Committee on theJudiciary.]
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A BILL to amend and reenact §60-7-12 of the Code of West Virginia,1931, as amended; and to amend and reenact §61-10-1 of saidcode, all relating to including coin-pusher machines withinthe definition of “prohibited gaming machines”.
Be it enacted by the Legislature of West Virginia:
That §60-7-12 of the Code of West Virginia, 1931, as amended,be amended and reenacted; and that §61-10-1 of said code be amendedand reenacted, all to read as follows:
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-12. Certain acts of licensee prohibited; criminal penalties.
(a) It is unlawful for any licensee, or agent, employee ormember thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other thanfrom the original package or container;
(2) Authorize or permit any disturbance of the peace; obscene,lewd, immoral or improper entertainment, conduct or practice,gambling or any slot machine, multiple coin console machine,multiple coin console slot machine, coin-pusher machine or devicein the nature of a slot machine;
(3) Sell, give away or permit the sale of, gift to or theprocurement of any nonintoxicating beer, wine or alcoholic liquorsfor or to, or permit the consumption of nonintoxicating beer, wineor alcoholic liquors on the licensee's premises, by any person lessthan twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or theprocurement of any nonintoxicating beer, wine or alcoholic liquors,for or to any person known to be deemed legally incompetent, or foror to any person who is physically incapacitated due to consumptionof nonintoxicating beer, wine or alcoholic liquor or the use ofdrugs;
(5) Sell, give or dispense nonintoxicating beer, wine oralcoholic liquors in or on any licensed premises or in any roomsdirectly connected therewith, between the hours of three o'clocka.m. and one o'clock p.m. on any Sunday;
(6) Permit the consumption by, or serve to, on the licensedpremises any nonintoxicating beer, wine or alcoholic liquors,covered by this article, to any person who is less than twenty-oneyears of age;
(7) With the intent to defraud, alter, change or misrepresentthe quality, quantity or brand name of any alcoholic liquor;
(8) Sell or offer for sale any alcoholic liquor to any personwho is not a duly elected or approved dues paying member in goodstanding of said private club or a guest of such member;
(9) Sell, offer for sale, give away, facilitate the use of orallow the use of carbon dioxide, cyclopropane, ethylene, helium ornitrous oxide for purposes of human consumption except asauthorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years ofa*ge in a position where the primary responsibility for suchemployment is to sell, furnish or give nonintoxicating beer, wineor alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen andtwenty-one who is not directly supervised by a person aged twenty-one or over in a position where the primary responsibility for suchemployment is to sell, furnish or give nonintoxicating beer, wineor alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any newsmedia or other means, outside of the licensee's premises, the factthat alcoholic liquors may be purchased thereat.
(c) Any person who violates any of the foregoing provisions isguilty of a misdemeanor and, upon conviction thereof, shall befined not less than $500 nor more than $1,000, or imprisoned injail for a period not to exceed one year, or both fined andimprisoned.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-1. Keeping or exhibiting gaming table, machine, or device; penalty; seizure of table, machine ordevice; forfeiture of money used in such gaming.
Any person who shall keep or exhibit a gaming table, commonlycalled A.B.C. or E.O. table, or faro bank, or keno table, or anyslot machine, multiple coin console machine, multiple coin consoleslot machine, coin-pusher machine or device in the nature of a slotmachine, or any other gaming table or device of like kind, underany denomination, or which has no name, whether the game, table,bank, machine or device be played with cards, dice, coins orotherwise, or shall be a partner, or concerned in interest, inkeeping or exhibiting such table, bank, machine or gaming device ofany character, shall be guilty of a misdemeanor, and uponconviction, shall be confined in jail not less than two nor morethan twelve months and be fined not less than $100 nor more than$1,000. Any such table, faro bank, machine or gaming device, andall money staked or exhibited to allure persons to bet at suchtable, or upon such gaming device, may be seized by order of acourt, or under the warrant of a justice, and the money so seizedshall be forfeited to the county and paid into the treasury of thecounty in which such seizure is made, and the table, faro bank,machine or gaming device shall be completely destroyed: Provided, That the provisions of this section shall not extend to coin-operated nonpayout machines with free play feature or to automaticweighing, measuring, musical and vending machines which are soconstructed as to give a certain uniform and fair return in valueor services for each coin deposited therein and in which there isno element of chance.
NOTE: The purpose of this bill is to clearly establish thatcoin-pusher machines are prohibited gaming machines.
Strike-throughs indicate language that would be stricken fromthe present law, and underscoring indicates new language that wouldbe added.
