Committee Substitute
House Bill 2522 History
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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 2522
(
By Delegates
Argento, DeLong, Manchin, Stemple
Pino, Amores and
Webster
)
(Originating in the Committee on the Judiciary)
[March 18, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60-1-5b; to amend
and reenact §60-4-2, §60-4-3 and §60-4-15 of said code; to
amend said code by adding thereto a new section, designated
§60-4-3a; and to amend and reenact §60-6-1 and §60-6-2 of said
code, all relating to creating and licensing
mini-distilleries; allowing the tasting and limited retail
sales of liquor produced by a mini-distillery at the licensed
premise; establishing requirements and limitations for
licensees for sales and free samples of liquor products;
requiring a portion of all retail sales to be distributed to
certain retailers; and establishing a licensure fee.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60-1-5b; that §60-4-2,
§60-4-3 and §60-4-15 be amended and reenacted; that said code be
amended by adding thereto a new section, designated §60-4-3a; and
that §60-6-1 and §60-6-2 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5b. Mini-distilleries defined.
For the purpose of this chapter: "Mini-distillery" means an
establishment where in any year no more than twenty thousand
gallons of alcoholic liquor is manufactured with no less than
twenty-five percent of raw agricultural products being produced by
the owner of the mini-distillery on the premises of that
establishment, and no more than twenty-five percent of raw
agricultural products originating from any source outside this
state: Provided, That the maximum allotted production amounts shall
not exceed the annual incremental production limitations provided
for pursuant to section three-a of this article: Provided However,
That a distillery licensed and operating as of the effective date
of this section that applies for designation by the Commissioner as
a mini-distillery shall be eligible to be licensed as a mini-
distillery without compliance with the requirements for the
percentage use of on-premises grown and in-state raw agricultural
products.
ARTICLE 4. LICENSES.
§60-4-2. Licenses for manufacture.
The Commission may grant licenses for the manufacture of
alcoholic liquors. Separate licenses shall be issued to the
following classes of manufacturing establishments:
(1) Distilleries, in which only alcoholic liquors other than
wine or beer shall be is manufactured;
(2) Wineries, in which only wines shall be are manufactured;
(3) Breweries, in which beer shall be is manufactured;
(4) Bottling plants, in which beer only shall be is bottled;
(5) Industrial plants, in which alcohol is distilled,
manufactured, or otherwise produced for scientific, chemical,
mechanical, or industrial purposes; and
(6) Farm wineries, in which only wines shall be are
manufactured and from which the wine so manufactured may be served
or sold or both served and sold in accordance with the provisions
of this chapter; and
(7) Mini-distilleries.
§60-4-3. To whom licensed manufacturer may sell.
(a) A person who is licensed to manufacture alcoholic liquors
in this state may sell such liquors in this state only to the West
Virginia Alcohol Beverage Control Commissioner, and to wholesalers
and retailers licensed as provided in this chapter: Provided,
That a holder of a farm winery license may sell wines and a holder
of a mini-distillery license may sell alcoholic liquors
manufactured by it in this state in accordance with the provisions
of section two, article six of this chapter. Hours of retail sale
by a farm winery or mini-distillery shall be is subject to
regulation by the Commissioner. The Commissioner shall may not
promulgate any rule or regulation which prohibits the holder of a
farm winery license from the advertising of a particular brand or
brands of wine produced by it, and the price thereof: Provided,
however, That price shall may not be advertised in medium of electronic communication subject to the jurisdiction of the Federal
Communications Commission. A manufacturer may sell alcoholic
liquors outside of the state.
§60-4-3a. Special Mini-distillery license to manufacture and sell.
(a) Sales of liquor- An operator of a mini-distillery may
offer liquor for retail sale to customers from the mini-distillery
for consumption off premises only. Except for free complimentary
samples offered pursuant to section one, article six of this
chapter, customers are prohibited from consuming any liquor on the
premises of the mini-distillery.
(b) Retail sales- Every licenced mini-distillery shall comply
with the provisions of sections nine, eleven, thirteen, sixteen,
seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-
four, twenty-five and twenty-six of article three-a of this
chapter, and the provisions of article three and four of this
chapter applicable to liquor retailers and distillers.
(c) Payment of taxes and fees- The mini-distillery shall pay
all taxes and fees required of licensed retailers and meet
applicable licensing provisions as required by this chapter and by
rule of the Commissioner.
(d) Payments to market zone retailers- Each mini-distillery
shall submit to the Commissioner ten percent of the gross sales
price or each retail liquor sale for the value of all sales at the
mini-distillery each month. This collection shall be distributed
by the Commissioner, at least quarterly, to each market zone
retailer located in the mini-distillery's market zone, proportionate to each market zone retailer's annual gross prior
years pre-tax value sales.
(e) Limitations on licensees- No mini-distillery may produce
more than three thousand gallons of product the initial two years
of licensure. The mini-distillery may increase production by two
thousand gallons following the initial twenty-four month period of
licensure, and may increase production each subsequent twenty-four
month period by two thousand gallons, not to exceed twenty thousand
gallons a year of total production. A Licensed mini-distillery may
not sell more than ten thousand gallons per calendar year at the
mini-distillery location. No more than one mini-distillery licence
may be issued to a single person or entity.
§60-4-15. Amount of license fees.
A person to whom a license is issued under the provisions of
this chapter shall pay annually to the Commissioner a license fee
as follows, for:
(1) Distilleries, one thousand five hundred dollars;
(2) Wineries, one thousand five hundred dollars;
(3) Breweries, two hundred fifty dollars;
(4) Bottling plants, one hundred dollars;
(5) Wholesale druggists, fifty dollars;
(6) Institutions, ten dollars;
(7) Industrial use, fifty dollars;
(8) Industrial plants producing alcohol, two hundred fifty
dollars;
(9) Retail druggists, ten dollars;
(10) Farm wineries, fifty dollars;
(11) Mini-distilleries, fifty dollars.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-1. When lawful to possess, use or serve alcoholic liquors.
The provisions of this chapter shall may not prevent:
(1) A person from keeping and possessing alcoholic liquors in
his or her residence for the personal use of himself or herself,
his or her family, his or her servants employee or his or her
guests if such the alcoholic liquors shall have been lawfully
acquired by him or her;
(2) A person, his or her family, or servants employee from
giving or serving such alcoholic liquors to guests in said
the residence, when such the gift or service is not for the purpose
of evading the provisions of this chapter; and
(3) The holder of a farm winery license from serving
complimentary samples of its wine in moderate quantities for
tasting at the winery premises; and
(4) The holder of a mini-distillery license from serving
complimentary samples of its alcoholic liquor in moderate
quantities for tasting at the distillery.
§60-6-2. When lawful to manufacture and sell wine and cider.
The provisions of this chapter shall may not prevent:
(1) A person from manufacturing wine at his or her residence
for consumption at his or her residence as permitted by section one
of this article;
(2) A person from manufacturing and selling unfermented cider;
(3) A person from manufacturing and selling cider made from
apples produced by him or her within this state to persons holding
distillery licenses, but if the manufacture and sale shall be is
under the supervision and regulation of the Commissioner;
(4) A person from manufacturing and selling wine made from
fruit produced by him or her within this state to persons holding
winery licenses, but if the manufacture and sale shall be is under
the supervision and regulation of the Commissioner; and
(5) The holder of a farm winery license from selling wine
produced by it directly to consumers at the winery and at one
off-farm winery location or to any other person who is licensed
under this chapter to sell wine either at wholesale or at retail:
Provided, That the winery may ship wines from the farm winery
without the bonding requirements of a transporter: Provided,
however, That notwithstanding any other provisions of law to the
contrary, an individual or licensee in a state which affords the
wineries of this state equal reciprocal shipping privileges may
ship for personal use and not for resale not more than two cases of
wine per month to any adult resident in this state. For purposes
of this subdivision, "wine" includes dessert wines manufactured
exclusively by natural fermentation and port, sherry and Madeira
wines having an alcoholic content of not more than twenty-two
percent alcohol by volume and which have been matured in wooden
barrels or casks; and
(6) The holder of a mini-distillery license from selling
alcoholic liquor for off premises consumption sold retail at the distillery.
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