The county commission of any county may conduct a county option election on the question of whether the sale or dispensing of nonintoxicating beer, wine, or alcoholic liquors in or on a licensed premises shall be allowed in the county beginning 1:00 p.m. on any Sunday, as provided in 11-16-18, 60-7-12, and 60-8-34 of this code, upon approval as provided in this section. The option election on this question may be placed on the ballot in each county at any primary or general election. The county commission of the county shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of 59-3-1 et seq. of this code, and the publication area for publication shall be the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the 14 consecutive days next preceding the election. On the local option election ballot shall be printed the following: "Shall the beginning hour at which nonintoxicating beer, wine, and alcoholic liquor be sold or dispensed for licensed on-premises in ________ County on Sundays be changed from 6:00 a.m. to 1:00 p.m."
If approved by the voters this would forbid private clubs and restaurants licensed to sell and dispense nonintoxicating beer, wine, and alcoholic liquor; licensed private wine restaurants, private wine spas, and private wine bed and breakfasts to sell and dispense wine; and licensed Class A retail dealers to sell and dispense nonintoxicating beer for on-premises consumption until 1:00 p.m.
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)
The ballots shall be counted, returns made and canvassed as in general elections, and the results certified by the commissioners of election to the county commission. The county commission shall, without delay, certify the result of the election. Upon receipt of the results of the election, in the event a majority of the votes are marked "Yes", all applicable licensees shall be forbidden to sell and dispense beer, wine, or alcoholic liquors until 1:00 p.m. on Sundays. In the event a majority of the votes are marked "No", all applicable licensees will continue to be required to comply with existing law.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 1. County Commissions Generally
§7-1-1. County Commissions Corporations; How Constituted; Election of President
§7-1-1b. Legislative Findings; Qualifications for County Commissioners
§7-1-3. Jurisdiction, Powers and Duties
§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid
§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid
§7-1-3e. Acquisition of Land For, and Operation Of, Public Refuse Dumps and Sanitary Landfills
§7-1-3ee. Providing for Payment of Service Fees at Banking Institutions
§7-1-3f. Establishment and Operation of Garbage and Refuse Collection and Disposal Services
§7-1-3g. Acquisition, Operation, and Maintenance of Sewerage Systems and Sewage Plants
§7-1-3gg. Lease Agreements for Equipment or Materials With Option to Cancel or Renew
§7-1-3i. County Commission May Cooperate With Other Governmental Units
§7-1-3k. Authority to Lease, Rent or Permit the Use of County Property
§7-1-3kk. Authority to Provide for the Elimination of Hazards to Public Health and Safety; Penalty
§7-1-3m. Authority to Employ, Fix Compensation for and Discharge Personnel
§7-1-3mm. Transfer of Development Rights in Growth Counties
§7-1-3n. Authority of Certain Counties as to Building and Housing Codes; State Building Code
§7-1-3oo. Authority to Enter Into Energy-Savings Contracts
§7-1-3p. Authority to Require Permits for Mobile Homes or House Trailers; Penalty
§7-1-3pp. Additional Powers and Duties of Commission; Areas of Special or Unique Interest
§7-1-3rr. Accessible County Records; Required Information
§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties
§7-1-3tt. Restriction on the Regulation of Trades, Occupations, and Professions
§7-1-3u. Authority of Counties and Municipalities to Treat Streams to Prevent Floods
§7-1-3x. County Information Referral Service
§7-1-3y. Authority to Grant Funds to Nutrition Programs
§7-1-3z. Authority of Counties to Govern Business of Massage
§7-1-5. Duties of County Commissioners; Payment for Services Other Than Services in Court
§7-1-5a. Excusal of Commissioner From Voting Where Conflict of Interest Involved
§7-1-6. Power to Punish for Contempts
§7-1-8. Continuance of Matters at End of Session
§7-1-9. Creation of Special Funds
§7-1-10. Special Account for Federal and State Grants-in-Aid Authorized
§7-1-11. Purchasing in Open Market or Competitive Bids; Debarment
§7-1-12. Authority for Establishing County Curfews; Jurisdiction for Violations
§7-1-13. Regulation of Amateur Radio Antennas
§7-1-15. Challenge of Candidate for County Commission; Residency