FISCAL NOTE

Date Requested: January 17, 2019
Time Requested: 02:58 PM
Agency: Alcohol Beverage Control Administration
CBD Number: Version: Bill Number: Resolution Number:
2107 Introduced HB2481
CBD Subject: Alcoholic Liquors and Beers


FUND(S):

General

Sources of Revenue:

General Fund

Legislation creates:





Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
    
    The bill is attempting to permit Sunday sales of liquor but the language and punctuation are confusing. As written, the bill could be read that sales are permitted on Christmas day "before 10 am". Then the bill could be further read that sales are permitted "or after 10 pm on Sundays". This is awkward, Perhaps some colons or semicolons could be used to clarify what is the true intent.
    
    The bill may be proposing to permit Sunday bottle sales of liquor from licensed retail liquor outlets for off-premises consumption beginning at 10am and ceasing at 10 pm. It is unclear why the drafter would want Christmas day to remain the only day in the Code when liquor sales could not be made by retail liquor outlets.
    
    The WVABCA has been advised in previous versions of this bill (from past legislative sessions) that the WV Retailers Association - Spirits Council, in surveying its members felt Sunday sales were merely offset sales from other days during the rest of the week. Further the members were spilt as to whether or not as a group the retail liquor outlets desired to work on Sundays.
    
    The split may be explained by the chain stores (mixed retail liquor outlets)already being open on Sundays versus more family owned or locally owned business focused on liquor sales (freestanding liquor retail outlets) desiring to be closed on Sunday for a day of rest and also not having the pressure to be open in order to stay competitive with chain stores (mixed retail liquor outlets).
    
    Currently most people would plan their purchases around Sunday prohibition of liquor sales. HB 2121 would add some flexibility for people's purchasing decisions.
    
    From previous legislatures, retail liquor outlets are permitted to stay open until midnight. Many retail liquor outlets do not stay open that late due to theft and robbery concerns.
    
    Further, without a greater number of drinking age adults in the state's population it would be purely speculative to conclude that 10AM to 10PM sales on Sunday would increase revenue to the state versus the State seeing merely tradeoff sales on Sundays pulling sales from other days of the week.
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2019
Increase/Decrease
(use"-")
2020
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


    Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
    
    Currently most people would plan their purchases around Sunday prohibition of liquor sales. The bill would add some flexibility for people's purchasing decisions.
    
    Further, without a greater number of drinking age adults in the state's population it would be purely speculative to conclude that 10AM to 10PM sales on Sunday would increase revenue to the State versus the State seeing merely tradeoff sales on Sundays pulling sales from other days of the week.
    
    If the bill passed, it may result in the reallocation of hours worked for Enforcement staff but should not impact the costs to the State.
    



Memorandum


    Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
    
    The bill is attempting to permit Sunday sales of liquor but the language and punctuation are confusing. As written, the bill could be read that sales are permitted on Christmas day "before 10 am". Then the bill could be further read that sales are permitted "or after 10 pm on Sundays". This is awkward, Perhaps some colons or semicolons could be used to clarify what is the true intent.
    
    It is unclear why the drafter would want Christmas day to remain the only day in the Code when liquor sales could not be made by retail liquor outlets.
    
    Currently most people would plan their purchases around Sunday prohibition of liquor sales. The bill would add some flexibility for people's purchasing decisions.
    
    Further, without a greater number of drinking age adults in the state's population it would be purely speculative to conclude that 10AM to 10PM sales on Sunday would increase revenue to the state versus the State seeing merely tradeoff sales on Sundays pulling sales from other days of the week.
    



    Person submitting Fiscal Note: Anoop Bhasin, on behalf of the WVABCA
    Email Address: Anoop.K.Bhasin@wv.gov