Brunch Bill Passes in Clarksburg, Goes into Effect Sunday

The Clarksburg City Council has passed a “brunch bill” ordinance allowing businesses with an Alcohol Beverage Control Administration Class A license to serve alcohol on Sunday mornings.

Clarksburg City Manager Martin Howe tells local media that under the new ordinance, any establishment within the city limits can begin serving alcohol at 10 a.m. this Sunday. The ordinance was passed Thursday during the City Council meeting.

Previously, alcohol sales were prohibited before 1p.m. on Sunday.

Martinsburg Joins Shepherdstown in Sunday Morning Alcohol Sales

Restaurants in Martinsburg are now able to sell alcohol before 1 p.m. on Sundays.

The Martinsburg City Council approved a home rule law Thursday night to allow the sale of alcohol at restaurants, wineries, distilleries and private clubs beginning at 10 a.m. on Sundays.

Martinsburg was one of six municipalities in West Virginia that the Municipal Home Rule Board approved this month to change city law to sell alcohol before 1 p.m. on Sundays.

Lawmakers passed a bill commonly referred to as the ‘brunch bill’ during the 2016 state Legislative session. The bill allows county commissions to put the alcohol time change on the November ballot for a referendum if they choose to do so.

The Berkeley County Commission had already voted to put the referendum on the fall ballot.

Six More W.Va. Cities Approved for 'Brunch Bill' Ordinance

The West Virginia Municipal Home Rule Board has approved six more cities to sell alcohol at restaurants, wineries, distilleries, and private clubs on Sundays before 1 p.m.

Charleston, South Charleston, Bluefield, Martinsburg, Clarksburg, and Lewisburg have all been approved to pass city laws on what’s commonly referred to as the brunch bill.

Shepherdstown was previously the only town or city in the state to have a home rule ordinance allowing the sale of alcohol as early as 10 a.m. on Sundays.

The state Legislature passed a brunch bill this year, but it requires county commissions to put the issue on a referendum. County residents would then be able to vote on the provision in the fall.

Fewer than ten county commissions have passed the county referendum for the November ballot.

W.Va. Municipalities Skip County Referendum to Get Earlier Sunday Alcohol Sales

It’s been a little more than three months since the state Legislature’s Regular Session came to a close, but there’s one bill that passed that’s still on a lot of people’s minds. That bill is best known as – the Brunch Bill. It calls on county commissions to decide whether to allow the start of alcohol sales at restaurants, wineries, distilleries, and private clubs on Sundays before 1 p.m.

If a commission votes yes by the end of July, then residents in that county get to vote on the issue in November. But there are some towns and cities in the state that don’t want to wait, and they’re finding ways around the legislation.

…like Shepherdstown, West Virginia.

The Blue Moon restaurant in Shepherdstown is a popular place for locals and tourists to eat, drink, hang out, and sometimes catch live music. On Sundays, brunch begins at 11:00 a.m.

Judy O’Connell and her partner Jim Miller sit at a small, round table in the shade enjoying some wine and beer. They live in Harpers Ferry but frequent Shepherdstown for brunch.

“We come over here as often as we can in the summertime,” O’Connell said, “and sometimes it’s on Sunday, and you would not be able to get this. Now, we’re able to enjoy a glass of wine, and him a beer, you know, while we wait on our meal. But I think it’s great; it’s a long time coming.”

At the end of May, Shepherdstown passed a Home Rule ordinance that allows restaurants to serve alcohol on Sunday mornings as early as 10:00 a.m.

“There didn’t seem to be much point in waiting,” said Jim Auxer, Mayor of Shepherdstown, “So we passed the ordinance, and we did it as quickly as possible to get ready for the summer.”

But why did Shepherdstown jump ahead of state legislation, when back in April, the Jefferson County Commission had already voted to put the Brunch Bill on the ballot in November?

Well…two reasons:

  • The town wanted to move as quickly as possible to get the provisions in the bill on the books and help boost business.
  • And Mayor Auxer says the process for the approval actually began at the end of 2015 – before legislation was even considered at the Capitol this past session.

“And the Home Rule Board in the application asks you to do things that are maybe unique or special,” Auxer explained, “so the Town Council, we sat, we had a meeting and talked about things, and we thought that the Brunch Bill, because it’s been on the agenda for the legislature for years, maybe we’d give that a try.”
So in April, the state Department of Commerce’s Home Rule Board approved Shepherdstown’s request for the Brunch Bill. Shepherdstown is currently the only town or city in the state that serves alcohol on Sunday mornings.

Blue Moon manager Kimberly Bowen says since the ordinance passed, she and her colleagues are much busier Sunday mornings and have seen hundreds of dollars in extra revenue. She thinks other places in West Virginia should follow her town’s example.

“The law itself was antiquated and silly; 1:00 on Sunday? You know, whatever, but also, yeah, I mean Charleston, Elkins; all those touristy places would benefit from it greatly I would imagine,” Bowen said, “People can wake up and enjoy themselves on vacation. It’s all people want to do anyways. For any tourist town, it’s a great idea, I think. And West Virginia is poor and needs as much money as it can get.”

Other places in the state are now looking at the Brunch Bill by way of Home Rule, including Charleston.

In March, the Kanawha County Commission was one of the first counties to vote yes to putting the Brunch Bill on the ballot in the fall. But after Shepherdstown’s move, the Kanawha County Commission decided to hold off on the county referendum and instead focus on allowing the Charleston City Council to move forward on its own by using Home Rule.

Kanawha County Commissioner Dave Hardy says out of the 13 municipalities in the county, 5 of them have Home Rule. Of those 5, he says only Charleston has expressed interest in allowing sales of alcohol during Sunday brunch hours.

“It’s always been a group in Charleston that needed it and wanted it,” he explained, “The Charleston CVB with them, and we certainly support that, but we’ve never heard too much from groups outside the City of Charleston.”

Hardy says if other businesses or groups in Kanawha County come forward between now and the end of July, the Commission would put the referendum back on the November ballot.

But for now – the Commission is leaving it up to Home Rule.

“I don’t know how it would come out on a countywide referendum,” Hardy noted, “I don’t pretend to know, because nobody really has stepped forward and said I’ve polled this, or I’m going to be advocating for it in the Sissonville area for example. Those groups have never really stepped forward either way; pro or con. I am very confident that there is support for the Brunch Bill in the City of Charleston.”

The Charleston City Council introduced a bill this week that will see a committee vote on June 29. If it passes that committee, it will go to the full Council for a vote on July 5.

If that happens – and if the state’s Home Rule Board approves Charleston’s request – Sunday morning alcohol sales could begin in Charleston by August.

And Morgantown is also beginning to look to Home Rule on the issue.

Across the state, the deadline looms for County Commissions to put the referendum on the November ballot. But so far, less than ten counties have shown support.

Kanawha County Won't Vote on Bill to Serve Alcohol Sundays

Kanawha County residents will not have the chance to vote on approving the sale of alcohol at restaurants, clubs and wineries before 1p.m. on Sundays.

The Charleston Gazette-Mail reports that the Kanawha County Commission voted Thursday to not put “the brunch bill” on the ballot.

Officials say only businesses in Charleston have expressed interest in approving alcohol sales Sunday mornings.

Commission President Kent Carper says he would put a bill on the ballot if businesses outside the city expressed more interest in it.

The idea to sell alcohol Sunday morning came from Shepherdstown, where restaurants have been able to serve alcohol Sundays since mid-May.

Sunday Brunch Alcohol Sales Start in Shepherdstown

Restaurants and other businesses in Shepherdstown are now able to serve alcohol on Sunday mornings.

The Shepherdstown Town Council passed an ordinance at a special meeting Thursday moving the start of alcohol sales in food establishments from 1 p.m. to 10 a.m. on Sundays.

In March Gov. Earl Ray Tomblin signed a bill to let voters decide, county by county, if Sunday alcohol sales can be moved to the earlier time. Jefferson County residents will decide on the issue Nov. 8.

The Journal reports Shepherdstown did not have to wait. As a home rule municipality, the town could enact the ordinance without putting it to a vote by residents.

Mayor Jim Auxer says he hopes it will be a boon to businesses and local tourism.

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