Senate Bill No. 234
(By Senators Love and White)
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[Introduced February 18, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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; to amend and
reenact §60-6-1 and §60-6-2 of said code; and to amend said
code by adding thereto a new section, designated §60-6-26, all
relating to creating and licensing minidistilleries; allowing
the tasting and retail sale of liquor produced by a
minidistillery at the licensed premise; and allowing
minidistillery advertising off the licensed premises.
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 §60-6-1 and
§60-6-2 of said code be amended and reenacted; and that said code
be amended by adding thereto a new section, designated §60-6-26, 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, twenty thousand gallons or less
of alcoholic liquor is manufactured with no less than twenty-five
percent of raw 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 products originating from any
source outside this state.
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 is 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, in which only alcoholic liquors are
manufactured from which the alcoholic liquor manufactured may be
sold in accordance with the provisions of this chapter.
Licenses for manufacture shall authorize the manufacture and
sale of alcoholic liquors as provided by this chapter.
§60-4-3. To whom licensed manufacturer may sell.
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 a medium of
electronic communication subject to the jurisdiction of the Federal Communications Commission. A manufacturer may sell alcoholic
liquors outside of the state.
§60-4-15. 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 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 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 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 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 produced by it directly to consumers at the
distillery.
§60-6-26. Mini-distillery advertising.
Mini-distilleries, as defined in section five-b, article one
of this chapter, may advertise off premises as provided in section seven, article twenty-two, chapter seventeen of this code, and in
any other media, including, but not limited to, newspaper, radio,
television, magazines and direct mail solicitation.
NOTE: The purpose of this bill is
create and license
mini-distilleries; allow the tasting and retail sale of liquor
produced by a mini-distillery at the licensed premise; and to allow
mini-distillery advertising off the licensed premises.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§60-1-5b and 60-6-26
are new; therefore, strike-throughs and
underscoring have been omitted.