The thing about legalese — that strange, mysterious language of laws and binding contracts — is that all it takes is one misplaced punctuation mark, one misspelled word or one accidental phrase substitution to completely change the document’s meaning.
Such was the case with HB 5295, the bill to expand private outdoor designated areas (PODAs) to include alcohol distributors who didn’t have a liquor license. (Think, any brewery or ale house that only sells beer.) A PODA is a defined district in which participating businesses can sell beverages containing alcohol to customers who can carry those beverages in identifiable cups to other locations within the district. The general idea of a PODA is to encourage community engagement and tourism. You can get a drink from a bar or restaurant and then walk down the main street during a street fair or artist event, instead of being confined to the bar/restaurant until you finish your drink.
When the PODA law first passed in 2023, it was limited to Class A liquor license holders — businesses that could sell wine and spirits. Leading into the 2024 regular session, the West Virginia Legislature was asked to amend the PODA law to also include businesses that make their own beer and wine but don’t have a liquor license and to allow PODAs to include fair/festival licenses. And the Legislature set out to do just that.
But, HB 5295’s language makes PODA eligibility pursuant to W.Va. Code Ch. 60, Article 7. And that part of state code only pertains to private club liquor licenses (Class A). Which means the entire bill is essentially null and void, because the Alcohol Beverage Control Administration won’t give PODA licenses to businesses not covered by Ch. 60, Article 7. Nothing has effectively changed from the 2023 law that excluded breweries and wineries selling their own products from participating in PODAs.
A small mistake neutralized all the hard work that went into getting the law changed.
However, it’s a small mistake that should be easily fixed. All that has to be done is to remove the unintentionally limiting language. And we see no reason why this couldn’t be done during the special session expected in May.
No, this isn’t the type of thing that usually gets addressed in a special session. However, it should only take a few minutes to fix the wording, and maybe an hour to get it passed in both chambers. Surely our legislators can spare an hour or two to fix their own mistakes.
More than that, though, is multiple towns across West Virginia were banking on this law change to boost tourism and economic activity. Everyone was hoping the new law would be in effect by summer, which is prime fair, festival and main-street event season. If the Legislature fixes its mistake with HB 5295 during the May special session (and Gov. Justice signs it into law immediately) and makes the bill effective upon passage, then the expanded PODA permissions can be in place by June. Towns and businesses would be able to reap the economic reward all summer. Otherwise, they’ll have to wait until next year and lose out on the revenue they expected this year.
Legislators made an unfortunate mistake, but it’s one that should be easily fixed. There’s no reason to wait until the next regular session. Legislators must make this fix in May.
