Date Requested: February 18, 2021
Time Requested: 01:53 PM
Agency: Alcohol Beverage Control Administration
CBD Number: Version: Bill Number: Resolution Number:
2142 Introduced SB347
CBD Subject: Alcoholic Liquors and Beers



Sources of Revenue:

General Fund

Legislation creates:

Increases Existing Expenses

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. This is not an agency bill and the bill was not drafted with any input from the agency. The proposed bill fails, in many respects. With no license or fee, the best guess is that there would be increased costs to administer the proposals with no revenue offset.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
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. Please see above. The bill as drafted makes it too speculative to estimate revenues and costs.


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. Again, this is not an agency bill nor was the bill drafted with any input from the agency. The proposed bill purports to create a definition for an "alcoholic beverage" which is not defined in the article, chapter or in the code, but only in the proposed new section. Then proposed bill attempts to authorize the sale of beer, wine and liquor to-go or for carry out in an undefined "container". By the few requirements in the proposed bill apparently a "container" could potentially be a Yeti cup or red Solo cup with a lid and a little piece of tape to cover the "straw" hole opening in the lid as the patrons head down the road (after consuming several drinks at a private club) with their "roadie" or "one for the road" drink. It appears, the proposed bill, as drafted, could potentially allow for beer, wine and liquor drinks with a straw through a drive-through window at a restaurant. The proposed bill fails to address public health and safety issues. The bill does not place any discernable limits or requirements on alcohol or liquor other than the 16 ounce size of the "container" which could be entirely filled with liquor, on the rocks. The proposed bill does not sufficiently address the open container issues to legalize its "container" of alcoholic beverage. Please review SB 299 with respect to an alternative drafting of alcohol sales-to-go.

    Person submitting Fiscal Note: Anoop Bhasin, General Counsel on behalf of WVABCA
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