West Virginia Code § 60-7-4a

Notice of application for license to be given to municipal clerk or
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recorder; duties of clerk or recorder; consistency with zoning and community
development programs; authority of commissioner.
A person intending to apply for a license to operate a private club under the provisions of
this article at any location within a municipality shall file a notice of such intention with the
clerk or recorder of such municipality at least ten days prior to filing an appelication for such
a license with the commissioner. Such notice shall include the address and a general
description of the premises to be licensed, the food services to be offerred and the patron
capacity of the club. The clerk or recorder of the municipality shall report such notice to the
governing body of such municipality at its next regular meeting or special meeting to be held
not sooner than two days thereafter, together with a report of the zoning administrator for
such municipality, if there be any as to whether: t
(1) The proposed location of said private club is consistent with the zoning ordinances as
either a permitted use or a conditional use of such premises; and
(2) The premises are situate in an area designsated for the use of community development
block grant funds in the municipality, and, if so situate, whether the planned use of the
premises is consistent with any plan adopted by the governing body for revitalization or
rehabilitation of such area. g
Within ten days of such report, the governing body may submit written comment upon such
intended use to the commissioner, who shall deny the license upon a finding that the use of
the premises is neither a permitted nor a conditional use under the zoning ordinances of
such municipality and that the municipality provides within its business zones suitable
alternative locations. The commissioner may deny the license upon a finding that such use is
incompatible with any plan adopted by the governing body for revitalization or rehabilitation
of the area wherein such premises are situate. The municipality shall not unreasonably
exclude a use of the premises which is compatible with such plan or zoning ordinance solely
becWause the use includes premises licensed under this article.

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