FISCAL NOTE

Date Requested: February 14, 2017
Time Requested: 01:53 PM
Agency: Alcohol Beverage Control Administration
CBD Number: Version: Bill Number: Resolution Number:
2276 Introduced SB290
CBD Subject: Alcoholic Liquors and Beers


FUND(S):

General

Sources of Revenue:

General Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


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


    This bill purports to permit distilleries and mini-distilleries the authority to operate a full scale bar or private club.
    
    The bill purports to permit Sunday sales of alcohol for distilleries and mini-distilleries both on-premises sales and off-premises sales at either 10 am or 1 pm as authorized by a county or municipality.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2017
Increase/Decrease
(use"-")
2018
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):


    The bill's measures are too speculative to provide an accurate estimate.
    
    The bill has technical and legal flaws in drafting.



Memorandum


    Current federal law (Tied House Regulations) prohibit entities form operating in multiple tiers of the alcohol industry. The bill states that distilleries and mini-distilleries could sell in a private club on its premises, however distilleries and mini-distilleries are not permitted to hold a private club license.
    
    The bill does not reference W. Va. Code section 7-1-3pp which authorized "counties" only (not municipalities) to approve 10 am "on-premises" only sales at 10 am. the bill references the authority for 10 am sales incorrectly.
    
    This bill attempts to permit Sunday sales of alcohol on-premises and off-premises for only distilleries and mini-distilleries which courts could view as discriminating against retail liquor store licensees.
    
    The bill needs additional or revised language to meet the stated purpose.



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