WEST virginia legislature

2019 regular session

Committee Substitute

for

House Bill 2943

By Delegates Hansen, Walker, Skaff, Estep-Burton, Byrd, Pushkin, Fleischauer, Pyles, Williams, Steele and Robinson

[Introduced February 8, 2019; Referred to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-8-6b, relating to allowing a wine specialty shop to deliver wine purchased at the shop without obtaining a direct shippers license under certain circumstances.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. SALE OF WINES.

§60-8-6b. Deliveries by wine specialty shop.

(a) Notwithstanding any other provision of this chapter, a wine specialty shop with a current license may, without obtaining a direct shippers license, deliver wine, and gift baskets containing wine, to the purchaser or other person designated by the purchaser, as provided in this section.

(b) The wine specialty shop:

(1) May only deliver in the county where the shop is located or within 50 miles of the shop, if the delivery location is not in the county, with all sales and municipal taxes accounted for and paid;

(2) Shall not deliver to a dry county, a dry local option area or any address outside the State of West Virginia.

(3) Shall not deliver to any private club, private wine restaurant, wine retailer, private wine bed and breakfast or private wine spa;

(4) Shall not deliver in excess of two cases of wine per month to any person or address;

(5) May only deliver wine with a gift basket for personal use and not for resale to a person;

(6) Shall ensure that all wine delivered is sealed in the original container and is clearly and conspicuously labeled with the words “CONTAINS ALCOHOL:  SIGNATURE OF PERSON 21 OR OLDER REQUIRED FOR DELIVERY”; and

(7) Shall provide proof or records to the commissioner, upon request, that all deliveries of wine were purchased by and delivered to an adult resident of West Virginia at least 21 years of age.

(c) The wine delivered by the authority of this section must be purchased in-person with a face to face transaction at the shop and must be delivered by an officer, agent or employee of the wine specialty shop licensee who is 21 years of age or older.

 

NOTE: The purpose of this bill is to allow a wine specialty shop to deliver wine purchase at the shop without obtaining a direct shippers license.

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