WVa:  Laws relaxing alcohol sales advance in Martinsburg

Herald-Mail Media

by Matthew Umstead

June 12, 2016

MARTINSBURG, W.Va. — Proposed ordinances that would reduce the buffer between businesses that sell alcohol and churches to 50 feet and allow earlier Sunday alcohol sales were advanced to third and final readings Thursday by the Martinsburg City Council.

State law currently requires applicants to confirm that their alcohol-serving businesses are not within 300 feet of a church or school “measured from front door to front door, along the street or streets.”

The city’s participation in the state’ municipal home-rule pilot program provides for an exception to the 300-foot buffer. The state standard still would remain in effect for schools if the city’s ordinance is adopted.

The 300-foot rule has been cited as a stumbling block for redevelopment of property in the city’s historic business district, where there are churches on multiple blocks of Queen and King streets.

The city council similarly advanced an ordinance to a third reading that authorizes the mayor to submit an amendment to the city’s approved home-rule application to the state board with the intent to allow Sunday alcohol sales to begin at 10 a.m. instead of 1 p.m.

The change would require the adoption of an ordinance and public hearing before being put into effect.

The state home-rule board is set to meet July 11, City Attorney Floyd M. “Kin” Sayre III said.

In moving toward allowing earlier Sunday alcohol sales, the city council does not appear to want to wait on the outcome of a countywide vote on the question, which will be on the Nov. 8 general-election ballot.

If voters approve the ballot question, certain alcohol-serving entities could begin to sell liquor, wine and beer as their licenses allow, beginning Sundays at 10 a.m. for on-premises consumption only, according to the legislation, also known as the “brunch bill.”

In other business:

[if !supportLists]•      [endif]The city advanced an ordinance to a third reading to allow for the city to publish a list of delinquent business-and-occupation taxpayers.

[if !supportLists]•      [endif]The tax is applied to gross receipts.

[if !supportLists]•      [endif]The list may be posted at city hall or other municipal buildings and posted online, according to the ordinance.

[if !supportLists]•      [endif]The city council approved a revised intergovernmental agreement with the Berkeley County Council that provides that the county be paid $117,500 for animal-control services provided in the city.

[if !supportLists]•      [endif]The city’s payment to the county for animal control was previously about $95,000 per year, officials had said.

[if !supportLists]•      [endif]The city council tabled the first and second readings of an ordinance concerning a move to allow projecting signs after hearing concerns about whether the proposal provided guidelines that are sensitive to the appearance of the city’s historic district.