2005 West Virginia Code - §60-3A-2a. — Further legislative findings, declarations and purpose.

§60-3A-2a. Further legislative findings, declarations and purpose.
(a) In addition to the findings and declarations set forth in subsection (a), section two of this article, the Legislature hereby finds and declares that:
(1) The provisions of this article as enacted during the regular session of the Legislature in the year one thousand nine hundred ninety were intended to require that all licenses issued for the retail sale of liquor expire as of the first day of July, two thousand, and that the issuance of retail licenses for the ten-year period beginning the first day of July, two thousand, and for each ten-year period thereafter, be based on sealed competitive bids;
(2) It is the intention of the Legislature to provide that all retail licenses issued beginning the first day of July, two thousand, expire ten years from the date of issuance and that every ten years the issuance of retail licenses be based on competitive bids;
(3) The purposes set forth in subsection (b), section two of this article remain the purposes of the Legislature;
(4) Many of those persons who currently hold retail licenses have not only provided the services to the public contemplated by this article, but in many instances have provided employment and otherwise made substantial contributions to the economic and civic development of the communities in which they conduct business, and therefore, current licensees should be afforded special consideration if their bids for the licenses issued for the ten-year period beginning the first day of July, two thousand, be unsuccessful;
(5) Those persons who are issued a retail license for the ten-year period beginning on the first day of July, two thousand, and for any ten-year period thereafter should also be afforded special consideration if their bids for a retail license are unsuccessful; and
(6) Further statutory changes are desirable to effect the purposes set forth in subsection (b), section two of this article.
(b) It is, therefore, the further purposes of the Legislature in providing for the retail sale of liquor to:
(1) Require that all licenses issued for the ten-year period beginning the first day of July, two thousand, and for each ten-year period thereafter be based on sealed competitive bids;
(2) Provide current licensees who, having bid in the manner required by the provisions of this article, fail to submit the highest bid for licenses issued for the ten-year period beginning the first day of July, two thousand, and for each ten-year period thereafter an additional opportunity to obtain the license; and
(3) Effect statutory changes to further the purposes provided in this section and section two of this article.

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