SB470 H JUD AM 4-10 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"That §11-16-18 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that §60-4-3 of said code be amended and
reenacted; that §60-6-2 of said code by amended and reenacted; that
§60-7-11 of said code be amended and reenacted; and that §60-8-3
and §60-8-34 of said code be amended and reenacted, all to read as
follows:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-18. Unlawful acts of licensees; criminal penalties.
(a) It shall be unlawful:
(1) For any licensee, his, her, its or their servants, agents
or employees to sell, give or dispense, or any individual to drink
or consume, in or on any licensed premises or in any rooms directly
connected therewith, nonintoxicating beer or cooler on weekdays
between the hours of two o'clock a.m. and seven o'clock a.m., or
between the hours of two o'clock a.m. and one o'clock p.m. ten
o'clock a.m. on any Sunday, except in private clubs licensed under
the provisions of article seven, chapter sixty of this code, where
the hours shall conform with the hours of sale of alcoholic
liquors;
(2) For any licensee, his, her, its or their servants, agents or employees to sell, furnish or give any nonintoxicating beer as
defined in this article to any person visibly or noticeably
intoxicated or to any person known to be insane or known to be a
habitual drunkard;
(3) For any licensee, his, her, its or their servants, agents
or employees to sell, furnish or give any nonintoxicating beer as
defined in this article to any person who is less than twenty-one
years of age;
(4) For any distributor to sell or offer to sell, or any
retailer to purchase or receive, any nonintoxicating beer as
defined in this article, except for cash and no right of action
shall exist to collect any claims for credit extended contrary to
the provisions of this subdivision. Nothing herein contained shall
prohibit a licensee from crediting to a purchaser the actual price
charged for packages or containers returned by the original
purchaser as a credit on any sale, or from refunding to any
purchaser the amount paid or deposited for the containers when
title is retained by the vendor: Provided, That a distributor may
accept an electronic transfer of funds if the transfer of funds is
initiated by an irrevocable payment order on the invoiced amount
for the nonintoxicating beer. The cost of the electronic fund
transfer shall be borne by the retailer and the distributor must
initiate the transfer no later than noon of one business day after
the delivery;
(5) For any brewer or distributor or brewpub or his, her, its
or their agents to transport or deliver nonintoxicating beer as defined in this article to any retail licensee on Sunday;
(6) For any brewer or distributor to give, furnish, rent or
sell any equipment, fixtures, signs or supplies directly or
indirectly or through a subsidiary or affiliate to any licensee
engaged in selling products of the brewing industry at retail or to
offer any prize, premium, gift or other similar inducement, except
advertising matter of nominal value, to either trade or consumer
buyers: Provided, That a distributor may offer, for sale or rent,
tanks of carbonic gas. Nothing herein contained shall prohibit a
brewer from sponsoring any professional or amateur athletic event
or from providing prizes or awards for participants and winners in
any events: Provided, however, That no event shall be sponsored
which permits actual participation by athletes or other persons who
are minors, unless specifically authorized by the commissioner;
(7) For any licensee to permit in his or her premises any
lewd, immoral or improper entertainment, conduct or practice;
(8) For any licensee except the holder of a license to operate
a private club issued under the provisions of article seven,
chapter sixty of this code or a holder of a license or a private
wine restaurant issued under the provisions of article eight of
said chapter to possess a federal license, tax receipt or other
permit entitling, authorizing or allowing the licensee to sell
liquor or alcoholic drinks other than nonintoxicating beer;
(9) For any licensee to obstruct the view of the interior of
his or her premises by enclosure, lattice, drapes or any means
which would prevent plain view of the patrons occupying the premises. The interior of all licensed premises shall be
adequately lighted at all times: Provided, That provisions of this
subdivision do not apply to the premises of a Class B retailer, the
premises of a private club licensed under the provisions of article
seven, chapter sixty of this code or the premises of a private wine
restaurant licensed under the provisions of article eight of said
chapter;
(10) For any licensee to manufacture, import, sell, trade,
barter, possess or acquiesce in the sale, possession or consumption
of any alcoholic liquors on the premises covered by a license or on
premises directly or indirectly used in connection therewith:
Provided, That the prohibition contained in this subdivision with
respect to the selling or possessing or to the acquiescence in the
sale, possession or consumption of alcoholic liquors is not
applicable with respect to the holder of a license to operate a
private club issued under the provisions of article seven, chapter
sixty of this code nor shall the prohibition be applicable to a
private wine restaurant licensed under the provisions of article
eight of said chapter insofar as the private wine restaurant is
authorized to serve wine;
(11) For any retail licensee to sell or dispense
nonintoxicating beer, as defined in this article, purchased or
acquired from any source other than a distributor, brewer or
manufacturer licensed under the laws of this state;
(12) For any licensee to permit loud, boisterous or disorderly
conduct of any kind upon his or her premises or to permit the use of loud musical instruments if either or any of the same may
disturb the peace and quietude of the community wherein the
business is located: Provided, That no licensee may have in
connection with his or her place of business any loudspeaker
located on the outside of the licensed premises that broadcasts or
carries music of any kind;
(13) For any person whose license has been revoked, as
provided in this article, to obtain employment with any retailer
within the period of one year from the date of the revocation, or
for any retailer to knowingly employ that person within the
specified time;
(14) For any distributor to sell, possess for sale, transport
or distribute nonintoxicating beer except in the original
container;
(15) For any licensee to knowingly permit any act to be done
upon the licensed premises, the commission of which constitutes a
crime under the laws of this state;
(16) For any Class B retailer to permit the consumption of
nonintoxicating beer upon his or her licensed premises;
(17) For any Class A licensee, his, her, its or their
servants, agents or employees, or for any licensee by or through
any servants, agents or employees, to allow, suffer or permit any
person less than eighteen years of age to loiter in or upon any
licensed premises; except, however, that the provisions of this
subdivision do not apply where a person under the age of eighteen
years is in or upon the premises in the immediate company of his or her parent or parents, or where and while a person under the age of
eighteen years is in or upon the premises for the purpose of and
actually making a lawful purchase of any items or commodities
therein sold, or for the purchase of and actually receiving any
lawful service therein rendered, including the consumption of any
item of food, drink or soft drink therein lawfully prepared and
served or sold for consumption on the premises;
(18) For any distributor to sell, offer for sale, distribute
or deliver any nonintoxicating beer outside the territory assigned
to any distributor by the brewer or manufacturer of nonintoxicating
beer or to sell, offer for sale, distribute or deliver
nonintoxicating beer to any retailer whose principal place of
business or licensed premises is within the assigned territory of
another distributor of such nonintoxicating beer: Provided, That
nothing herein is 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; and
(19) For any licensee or any agent, servant or employee of any
licensee to knowingly violate any rule lawfully promulgated by the
commissioner in accordance with the provisions of chapter
twenty-nine-a of this code.
(b) Any person who violates any provision of this article
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 the county or regional 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.
(c) (1) A Class B licensee that:
(A) Has installed a transaction scan device on its licensed
premises; and
(B) Can demonstrate that it requires each employee, servant or
agent to verify the age of any individual to whom nonintoxicating
beer is sold, furnished or given away by the use of the transaction
device may not be subject to: (i) Any criminal penalties
whatsoever, including those set forth in subsection (b) of this
section; (ii) any administrative penalties from the commissioner;
or (iii) any civil liability whatsoever for the improper sale,
furnishing or giving away of nonintoxicating beer to an individual
who is less than twenty-one years of age by one of his or her
employees, servants or agents. Any agent, servant or employee who
has improperly sold, furnished or given away nonintoxicating beer
to an individual less than twenty-one years of age is subject to the criminal penalties of subsection (b) of this section. Any
agent, servant or employee who has improperly sold, furnished or
given away nonintoxicating beer to an individual less than
twenty-one years of age is subject to termination from employment,
and the employer shall have no civil liability for the termination.
(2) For purposes of this section, a Class B licensee can
demonstrate that it requires each employee, servant or agent to
verify the age of any individual to whom nonintoxicating beer is
sold by providing evidence: (A) That it has developed a written
policy which requires each employee, servant or agent to verify the
age of each individual to whom nonintoxicating beer will be sold,
furnished or given away; (B) that it has communicated this policy
to each employee, servant or agent; and (C) that it monitors the
actions of its employees, servants or agents regarding the sale,
furnishing or giving away of nonintoxicating beer and that it has
taken corrective action for any discovered noncompliance with this
policy.
(3) "Transaction scan" means the process by which a person
checks, by means of a transaction scan device, the age and identity
of the cardholder, and "transaction scan device" means any
commercial device or combination of devices used at a point of sale
that is capable of deciphering in an electronically readable format
the information enclosed on the magnetic strip or bar code of a
driver's license or other governmental identity card.
(d) Nothing in this article nor any rule or regulation of the
commissioner shall prevent or be considered to prohibit any licensee from employing any person who is at least eighteen years
of age to serve in the licensee's lawful employ, including the sale
or delivery of nonintoxicating beer as defined in this article.
With the prior approval of the commissioner, a licensee whose
principal business is the sale of food or consumer goods or the
providing of recreational activities, including, but not limited
to, nationally franchised fast food outlets, family-oriented
restaurants, bowling alleys, drug stores, discount stores, grocery
stores and convenience stores, may employ persons who are less than
eighteen years of age but at least sixteen years of age: Provided,
That the person's duties may not include the sale or delivery of
nonintoxicating beer or alcoholic liquors: Provided, however, That
the authorization to employ persons under the age of eighteen years
shall be clearly indicated on the licensee's license.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 4. LICENSES.
§60-4-3. To whom licensed manufacturer may sell.
A person who is licensed to manufacture alcoholic liquors in
this state may sell 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 winery or a farm winery license may sell wines and a
holder of a distillery or 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 winery or a farm winery or distillery or a mini-distillery are subject to regulation by the commissioner:
Provided, That the hours of a private club operating on the
premises of a distillery or mini-distillery shall be the same as
any private club licensed under article seven, chapter sixty of
this code. A winery, distillery, farm winery or mini-distillery
may sell and ship alcoholic liquors outside of the state subject to
provisions of this chapter.
§60-4-3a. Distillery and mini-distillery license to manufacture
and sell.
(a) Sales of liquor. -- An operator of a distillery or a
mini-distillery may offer liquor for retail sale to customers from
the distillery or the mini-distillery for consumption off premises
only. Except for free complimentary samples offered pursuant to
section one, article six of this chapter, or sales for consumption
offered under a valid private club license pursuant to article
seven, chapter sixty of this code, customers are prohibited from
consuming any liquor on the premises of the distillery or the
mini-distillery. Distilleries that produce
50,000 or more gallons
of alcoholic liquor per year may not hold a private club license.
(b) Retail sales. -- Every licensed distillery or
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,
article three-a of this chapter and the provisions of articles
three and four of this chapter applicable to liquor retailers and
distillers.
(c) Payment of taxes and fees. -- The distillery or
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 distillery or
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 distillery or the mini-distillery each month. This
collection shall be distributed by the commissioner, at least
quarterly, to each market zone retailer located in the distillery
or mini-distillery's market zone, proportionate to each market zone
retailer's annual gross prior years pretax value sales.
(e) Limitations on licensees. -- No distillery or
mini-distillery may sell more than three thousand gallons of
product at the distillery or mini-distillery location the initial
two years of licensure. The distillery or mini-distillery may
increase sales at the distillery or mini-distillery location by two
thousand gallons following the initial twenty-four month period of
licensure and may increase sales at the distillery or
mini-distillery location each subsequent twenty-four month period
by two thousand gallons, not to exceed ten thousand gallons a year
of total sales at the distillery or mini-distillery location. No
licensed mini-distillery may produce more than twenty thousand
gallons per calendar year at the mini-distillery location. No more
than one distillery or mini-distillery license may be issued to a
single person or entity and no person may hold both a distillery and a mini-distillery license.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-2. When lawful to manufacture and sell wine and cider.
The provisions of this chapter 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, if the manufacture and sale 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, if the manufacture and sale is under the
supervision and regulation of the commissioner;
(5) The holder of a winery or a farm winery license from
selling wine for off-premises consumption sold at retail at the
winery or the farm winery, as provided in section four, article
three-b of this chapter, or for any other person who is licensed
under this chapter to sell wine as a wine supplier or distributor;
and
(6) The holder of a distillery or a mini-distillery license
from selling alcoholic liquor for off-premises consumption sold at
retail at the distillery or the mini-distillery, as provided in
section four, article three-a of this chapter; and
____________________________________________(7) The holder of a distillery or mini-distillery license from
selling alcoholic liquor, other than in sealed packages, for
consumption at the private club on the distillery or the
mini-distillery premises, if the holder of the distillery or
mini-distillery license
produces less than 50,000 gallons of
alcoholic liquor per year and
also holds a valid private club
license for the premises under article seven, chapter sixty of this
code.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-11. Licensee must purchase alcoholic liquors from or
through commissioner or retail licensee; exceptions.
(a) (1) All licensees shall purchase all alcoholic liquors
sold by them from the West Virginia Alcohol Beverage Control
Commissioner at prices established by the commissioner for sales of
the alcoholic liquors to the public generally or from any retail
licensee licensed under the provisions of article three-a of this
chapter, except that the licensees may purchase those wines
permitted to be sold at retail pursuant to article eight of this
chapter from those distributors licensed pursuant to said article
at the same prices the distributors sell the wines to retailers
licensed pursuant to said article, and distilleries or
mini-distilleries licensed under article four, chapter sixty of
this code and under this article may sell, if otherwise authorzed,
alcoholic liquor, other than in sealed packages, for consumption at
the private club on the distillery or the mini-distillery premises,
if the alcoholic liquor was manufactured on those premises.
(2) A licensee may by contract approved by the commissioner
receive deliveries of alcoholic liquor from a retail liquor store,
and the provisions of sections twelve and thirteen, article six of
this chapter shall not apply to the transportation of that
alcoholic liquor.
(b) In all reports filed under section sixteen, article
fifteen, chapter eleven of this code, retail licensees licensed
under the provisions of article three-a of this chapter shall
separately identify the amount of sales tax on sales of liquor to
licensees in the manner required by the Tax Commissioner.
(c) Notwithstanding the provisions of section thirty, article
fifteen, chapter eleven of this code to the contrary, the amount of
the sales taxes collected by the Tax Commissioner shall be
deposited in a revolving fund account in the State Treasurer's
office, designated the "Drunk Driving Prevention Fund", and
administered by the commission on drunk driving prevention, subject
to appropriations by the Legislature.
§60-7-12. Certain acts of licensee prohibited; criminal penalties.
(a) It is unlawful for any licensee, or agent, employee or
member thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;
(2) Authorize or permit any disturbance of the peace; obscene,
lewd, immoral or improper entertainment, conduct or practice,
gambling or any slot machine, multiple coin console machine,
multiple coin console slot machine or device in the nature of a slot machine.
(3) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors
for or to, or permit the consumption of nonintoxicating beer, wine
or alcoholic liquors on the licensee's premises, by any person less
than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors,
for or to any person known to be deemed legally incompetent, or for
or to any person who is physically incapacitated due to consumption
of nonintoxicating beer, wine or alcoholic liquor or the use of
drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or
alcoholic liquors in or on any licensed premises or in any rooms
directly connected therewith, between the hours of three o'clock
a.m. and one o'clock p.m. ten o'clock a.m. on any Sunday, or
between the hours of three o'clock a.m. and seven o'clock a.m. on
any weekday or Saturday;
(6) Permit the consumption by, or serve to, on the licensed
premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty-one
years of age;
(7) With the intent to defraud, alter, change or misrepresent
the quality, quantity or brand name of any alcoholic liquor;
(8) Sell or offer for sale any alcoholic liquor to any person
who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such a member;
(9) Sell, offer for sale, give away, facilitate the use of or
allow the use of carbon dioxide, cyclopropane, ethylene, helium or
nitrous oxide for purposes of human consumption except as
authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years of
age in a position where the primary responsibility for such
employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen and
twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for such employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person; or
(11) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news
media or other means, outside of the licensee's premises, the fact
that alcoholic liquors may be purchased thereat there.
(c) Any person who violates any of the foregoing provisions is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $500 nor more than $1,000, or imprisoned
confined in the county jail for a period not to exceed more than
one year, or both fined and imprisoned confined.
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
(a) No person may engage in business in the capacity of a winery, farm winery, supplier, distributor, retailer, private wine
bed and breakfast, private wine restaurant, private wine spa or
wine specialty shop without first obtaining a license from the
commissioner, nor shall a person continue to engage in any such
activity after his or her license has expired, been suspended or
revoked. No person may be licensed simultaneously as a distributor
and a retailer. No person, except for a winery or farm winery, may
be licensed simultaneously as a supplier and a retailer. No person
may be licensed simultaneously as a supplier and a private wine bed
and breakfast, private wine restaurant or a private wine spa. No
person may be licensed simultaneously as a distributor and a
private wine bed and breakfast, a private wine restaurant or a
private wine spa. No person may be licensed simultaneously as a
retailer and a private wine bed and breakfast, a private wine
restaurant or a private wine spa.
(b) The commissioner shall collect an annual fee for licenses
issued under this article, as follows:
(1) One hundred fifty dollars per year for a supplier's
license;
(2) Twenty-five hundred dollars per year for a distributor's
license and each separate warehouse or other facility from which a
distributor sells, transfers or delivers wine shall be separately
licensed and there shall be collected with respect to each such
location the annual license fee of $2,500 as herein provided;
(3) One hundred fifty dollars per year for a retailer's
license;
(4) Two hundred fifty dollars per year for a wine specialty
shop license, in addition to any other licensing fees paid by a
winery or retailer holding such a license, except for the amount of
the license fee and the restriction to sales of winery or farm
winery wines, a winery or farm winery acting as a wine specialty
shop retailer is subject to all other provisions of this article
which are applicable to a wine specialty shop retailer as defined
in section two of this article;
(5) One hundred fifty dollars per year for a wine tasting
license;
(6) One hundred fifty dollars per year for a private wine bed
and breakfast license, and each separate bed and breakfast from
which a licensee sells wine shall be separately licensed and there
shall be collected with respect to each such location the annual
license fee of $150 as herein provided;
(7) Two hundred fifty dollars per year for a private wine
restaurant license, and each separate restaurant from which a
licensee sells wine shall be separately licensed and there shall be
collected with respect to each such location the annual license fee
of $250 as herein provided;
(8) One hundred fifty dollars per year for a private wine spa
license and each separate private wine spa from which a licensee
sells wine shall be separately licensed and there shall be
collected with respect to each such location the annual license fee
of $150 as herein provided;
(9) One hundred fifty dollars per year for a wine sampling license issued for a wine specialty shop under subsection (n) of
this section;
(10) No fee shall be charged for a special one-day license
under subsection (p) of this section or for a heritage fair and
festival license under subsection (q) of this section; and
(11) One hundred fifty dollars per year for a direct shipper's
license for a licensee who sells and ships only wine and $250 per
for a direct shipper's license who ships and sells wine,
nonfortified dessert wine, port, sherry or Madeira wines.
(12) Three hundred dollars per year for a multicapacity winery
or farm winery license which shall enable the holder to operate as
a retailer, wine specialty shop, supplier and direct shipper
without obtaining an individual license for each capacity.
(c) The license period shall begin on July 1 of each year and
end on June 30 of the following year and if granted for a less
period, the same shall be computed semiannually in proportion to
the remainder of the fiscal year.
(d) No retailer may be licensed as a private club as provided
by article seven of this chapter, except as provided by subsection
(k) of this section.
(e) No retailer may be licensed as a Class A retail dealer in
nonintoxicating beer as provided by article sixteen, chapter eleven
of this code: Provided, That a delicatessen, a caterer or party
supply store which is a grocery store as defined in section two of
this article and which is licensed as a Class A retail dealer in
nonintoxicating beer may be a retailer under this article: Provided, however, That any delicatessen, caterer or party supply
store licensed in both such capacities must maintain average
monthly sales exclusive of sales of wine and nonintoxicating beer
which exceed the average monthly sales of nonintoxicating beer.
(f) A wine specialty shop under this article may also hold a
wine tasting license authorizing such the retailer to serve
complimentary samples of wine in moderate quantities for tasting.
Such wine specialty shop shall organize a wine taster's club, which
has at least fifty duly elected or approved dues-paying members in
good standing. Such club shall meet on the wine specialty shop's
premises not more than one time per week and shall either meet at
a time when the premises are closed to the general public, or shall
meet in a separate segregated facility on the premises to which the
general public is not admitted. Attendance at tastings shall be
limited to duly elected or approved dues-paying members and their
guests.
(g) A retailer who has more than one place of retail business
shall obtain a license for each separate retail establishment. A
retailer's license may be issued only to the proprietor or owner of
a bona fide grocery store or wine specialty shop.
(h) The commissioner may issue a special license for the
retail sale of wine at any festival or fair which is endorsed or
sponsored by the governing body of a municipality or a county
commission. Such special license shall be issued for a term of no
longer than ten consecutive days and the fee therefor shall be $250
regardless of the term of the license unless the applicant is the manufacturer of said wine on a winery or a farm winery as defined
in section five-a, article one of this chapter, in which event the
fee shall be $50 if the event is held on the premises of the winery
or farm winery. The application for such the license shall contain
such information as the commissioner may reasonably require and
shall be submitted to the commissioner at least thirty days prior
to the first day when wine is to be sold at such the festival or
fair. A winery or a farm winery licensed under this subsection may
exhibit, conduct tastings or sell samples, not to exceed a
reasonable serving of three ounces, and may sell wine only samples
for consumption off on the premises during the operation of such a
festival or fair, and sell wine for consumption off premises
consumption at that same festival or fair: Provided, That for
licensed wineries or farm wineries at a licensed festival or fair
the tastings, samples and off-premises sales shall occur under the
hours of operation as required in this article, except that on
Sunday tastings, samples and off-premises sales are unlawful
between the hours of 2:00 a. m. and 10:00 a. m. A special license
issued other than to a winery or a farm winery may be issued to a
"wine club" as defined herein below. The festival or fair
committee or the governing body shall designate a person to
organize a club under a name which includes the name of the
festival or fair and the words "wine club". The license shall be
issued in the name of the wine club. A licensee may not commence
the sale of wine as provided in this subsection until the wine club
has at least fifty dues-paying members who have been enrolled and to whom membership cards have been issued. Thereafter, new members
may be enrolled and issued membership cards at any time during the
period for which the license is issued. A wine club licensed under
the provisions of this subsection may sell wine only to its
members, and in portions not to exceed eight ounces per serving.
Such The sales shall take place on premises or in an area cordoned
or segregated so as to be closed to the general public, and the
general public shall not be admitted to such the premises or area.
A wine club licensee under the provisions of this subsection shall
be authorized to serve complimentary samples of wine in moderate
quantities for tasting.
A license issued under the provisions of this subsection and
the licensee holding such the license shall be subject to all other
provisions of this article and the rules and orders of the
commissioner relating to such the special license: Provided, That
the commissioner may by rule, regulation or order provide for
certain waivers or exceptions with respect to such the provisions,
rules, regulations or orders as the circumstances of each such
festival or fair may require, including, without limitation, the
right to revoke or suspend any license issued pursuant to this
section prior to any notice or hearing notwithstanding the
provisions of section twenty-seven and twenty-eight of this
article: Provided, however, That under no circumstances shall the
provisions of subsection (c) or (d), section twenty of this article
be waived nor shall any exception be granted with respect thereto.
A license issued under the provisions of this subsection and the licensee holding such the license shall not be is not subject
to the provisions of subsection (g) of this section.
(i) (A) The commissioner may issue a special license for the
retail sale of wine in a professional baseball stadium. A license
to sell wine granted pursuant to this subsection entitles the
licensee to sell and serve wine, for consumption in a professional
baseball stadium. For the purpose of this subsection,
"professional baseball stadium" means a facility constructed
primarily for the use of a major or minor league baseball
franchisee affiliated with the National Association of Professional
Baseball Leagues, Inc., or its successor, and used as a major or
minor league baseball park. Any special license issued pursuant to
this subsection shall be for a term beginning on the date of
issuance and ending on the next following June 30, and its fee is
$250 regardless of the length of the term of the license. The
application for the special license shall contain information as
the commissioner may reasonably require and must be submitted to
the commissioner at least thirty days prior to the first day when
wine is to be sold at the professional baseball stadium. The
special license may be issued in the name of the baseball
franchisee or the name of the primary food and beverage vendor
under contract with the baseball franchisee. These sales must take
place within the confines of the professional baseball stadium,
provided that the exterior of the area where wine sales may occur
are surrounded by a fence or other barrier prohibiting entry except
upon the franchisee's express permission, and under the conditions and restrictions established by the franchisee, so that the wine
sales area is closed to free and unrestricted entry by the general
public.
(B) A license issued under this subsection and the licensee
holding the license is subject to all other provisions of this
article and the rules and orders of the commissioner relating to
the special license: Provided, That the commissioner may by rule or
order grant certain waivers or exceptions to those rules or orders
as the circumstances of each such professional baseball stadium may
require, including, without limitation, the right to revoke or
suspend any license issued pursuant to this section prior to any
notice or hearing notwithstanding sections twenty-seven and
twenty-eight of this article: Provided, however, That under no
circumstances may subsection (c) or (d), section twenty of this
article be waived nor shall any exception be granted concerning
those subsections.
(C) The commissioner has the authority to propose rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code to implement this subsection.
(j) A license to sell wine granted to a private wine bed and
breakfast, private wine restaurant, private wine spa or a private
club under the provisions of this article entitles the operator to
sell and serve wine, for consumption on the premises of the
licensee, when such the sale accompanies the serving of food or a
meal to its members and their guests in accordance with the
provisions of this article: Provided, That a licensed private wine bed and breakfast, private wine restaurant, private wine spa or a
private club may permit a person over twenty-one years of age to
purchase wine, consume wine and recork or reseal, using a tamper
resistant cork or seal, up to two separate bottles of unconsumed
wine in conjunction with serving of food or a meal to its members
and their guests in accordance with the provisions of this article
and in accordance with regulations promulgated by the commissioner
for the purpose of consumption of said wine off premises:
Provided, however, That for this article, food or a meal provided
by the private licensee means that the total food purchase,
excluding beverage purchases, taxes, gratuity or other fees is at
least $15: Provided further, That a licensed private wine
restaurant or a private club may offer for sale for consumption off
the premises, sealed bottles of wine to its customers provided that
no more than one bottle is sold per each person over twenty-one
years of age, as verified by the private wine restaurant or private
club, for consumption off the premises. Such licensees are
authorized to keep and maintain on their premises a supply of wine
in such quantities as may be appropriate for the conduct of
operations thereof. Any sale of wine so made shall be subject to
all restrictions set forth in section twenty of this article. A
private wine restaurant may also be licensed as a Class A retail
dealer in nonintoxicating beer as provided by article sixteen,
chapter eleven of this code.
(k) With respect to subsections (h), (i), (j), (o) and (p) of
this section, the commissioner shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this
code with regard to the form of the applications, the suitability
of both the applicant and location of the licensed premises and
such other legislative rules deemed necessary to carry the
provisions of such the subsections into effect.
(l) The commissioner shall promulgate legislative rules in
accordance with the provisions of chapter twenty-nine-a of this
code to allow restaurants to serve wine with meals, and to sell
wine by the bottle for off-premises consumption as provided in
subsection (j) of this section. Each restaurant so licensed shall
be charged an additional $100 per year fee.
(m) The commissioner shall establish guidelines to permit
wines to be sold in all stores licensed for retail sales.
(n) Wineries and farm wineries may advertise off premises as
provided in section seven, article twenty-two, chapter seventeen of
this code.
(o) A wine specialty shop under this article may also hold a
wine sampling license authorizing the wine specialty shop to
conduct special wine sampling events at a licensed wine specialty
shop location during regular hours of business. The wine specialty
shop may serve up to three complimentary samples of wine,
consisting of no more than one ounce each, to any one consumer in
one day. Persons serving the complimentary samples must be
twenty-one years of age and an authorized representative of the
licensed wine specialty shop, winery, farm winery or a
representative of a distributor or registered supplier. Distributor and supplier representatives attending wine sampling
events must be registered with the commissioner. No licensee,
employee or representative may furnish, give or serve complimentary
samples of wine to any person less than twenty-one years of age or
to a person who is physically incapacitated due to the consumption
of alcoholic liquor or the use of drugs. The wine specialty shop
shall notify and secure permission from the commissioner for all
wine sampling events one month prior to the event. Wine sampling
events may not exceed six hours per calendar day. Licensees must
purchase all wines used during these events from a licensed farm
winery or a licensed distributor.
(p) The commissioner may issue special one-day licenses to
duly organized, nonprofit corporations and associations allowing
the sale and serving of wine when raising money for athletic,
charitable, educational or religious purposes. The license
application shall contain information as the commissioner may
reasonably require and shall be submitted to the commissioner at
least thirty days prior to the event. Wines used during these
events may be donated by or purchased from a licensed retailer, a
distributor or a farm winery. Under no circumstances may the
provision of subsection (c), section twenty of this article be
waived nor may any exception be granted with respect thereto.
(q) The commissioner may issue special licenses to heritage
fairs and festivals allowing the sale, serving and sampling of wine
from a licensed farm winery. The license application shall contain
information required by the commissioner and shall be submitted to the commissioner at least thirty days prior to the event. Wines
used during these events may be donated by or purchased from a
licensed farm winery. Under no circumstances may the provision of
subsection (c), section twenty of this article be waived nor may
any exception be granted with respect thereto. The commissioner
shall propose rules for legislative approval in accordance with
article three, chapter twenty-nine-a of this code to implement the
provisions of this subsection.
§60-8-34. When retail sales prohibited.
It shall be is unlawful for a retailer, farm winery, wine
specialty shop retailer, private wine bed and breakfast, private
wine restaurant or private wine spa licensee, his or her servants,
agents or employees to sell or deliver wine between the hours of
two o'clock a.m. and one o'clock p.m. ten o'clock a.m. on Sundays,
or between the hours of two o'clock a.m. and seven o'clock a.m. on
weekdays and Saturdays.