Introduced Version House Bill 3112 History

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H. B. 3112

(By Delegate Hunt)
March 21, 2005 ; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §60-8-30 of the Code of West Virginia, 1931, as amended, relating to requiring that wine distributorships be divided into territories; and providing criminal penalties for violators.

Be it enacted by the Legislature of West Virginia:
That §60-8-30 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§60-8-30. Wine distributor territories.
It shall be illegal for any manufacturer to enter into any exclusive franchise agreement with any distributor whereby any such distributor is given the exclusive right within this state or in any given territory within this state to distribute the product or products of such manufacturer which are to be sold or distributed pursuant to the provisions of this article.
(a) It shall be unlawful for any distributor to sell, offer for sale, distribute or deliver any wine outside the territory assigned to any distributor by the manufacturer of the wine or to sell, offer for sale, distribute or deliver wine to any retailer whose principal place of business or licensed premises is within the assigned territory of another distributor of such wine: Provided, That nothing herein shall be considered to prohibit sales of convenience between distributors licensed in this state wherein one distributor sells, transfers or delivers to another distributor a particular brand or brands for sale at wholesale.
(b) Any person who violates any provision of this section including, but not limited to, any provision of this section, or any rule, or order lawfully promulgated by the Commissioner, or who makes any false statement concerning any material fact in submitting application for license or for a renewal of a license or in any hearing concerning the revocation thereof, or who commits any of the acts herein declared to be unlawful is guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than twenty-five nor more than five hundred dollars, or confined in jail for not less than thirty days nor more than six months, or by both fine and confinement. Magistrates shall have concurrent jurisdiction with the circuit court and any other courts having criminal jurisdiction in their county for the trial of all misdemeanors arising under this article.

NOTE: The purpose of this bill is to require that wine distributors be divided into territories; and provide criminal penalties for violations.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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