WEST virginia Legislature
2017 regular session
By
[
to the Committee on Prevention and Treatment of Substance Abuse then the
Judiciary.
A BILL to amend and
reenact §11-16-6b of the Code of West Virginia, 1931, as amended, relating to
authorizing licensees authorized to sell growlers of nonintoxicating beer to
offer complimentary samples to patrons from their licensed premises.
Be it enacted by the
Legislature of West Virginia:
That §11-16-6b of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 16.
NONINTOXICATING BEER.
§11-16-6b. Brewpub, Class
A retail dealer, Class B retail dealer, private club, Class A retail licensee
and Class B retail licensee's authority
to sell growlers.
(a) Legislative
findings. — The Legislature hereby finds that it is in the public interest
to regulate, control and support the brewing, manufacturing, distribution,
sale, consumption, transportation and storage of nonintoxicating beer and
nonintoxicating craft beer and its industry in this state in order to protect
the public health, welfare and safety of the citizens of this state and promote
hospitality and tourism. Therefore, this section authorizes a licensed brewpub,
Class A retail dealer, Class B retail dealer, private club, Class A retail
licensee or Class B retail licensee to have certain abilities in order to
promote the sale of nonintoxicating beer and nonintoxicating craft beer
manufactured in this state for the benefit of the citizens of this state, the
state's growing brewing industry and the
state's hospitality and tourism industry,
all of which are vital components for the state's
economy.
(b) Sales of
nonintoxicating beer. — A licensed brewpub, Class A retail dealer, Class B
retail dealer, private club, Class A retail licensee or Class B retail licensee
who pays the fee in subsection (i) of this section and meets the requirements
of this section may offer nonintoxicating beer or nonintoxicating craft beer
for retail sale to patrons from their licensed premises in a growler for
personal consumption only off of the licensed premises and not for resale. Prior
to the sale, the licensee shall verify, using proper identification, that any
patron purchasing nonintoxicating beer or nonintoxicating craft beer is
twenty-one years of age or over and that the patron is not visibly intoxicated.
A licensee authorized under this section may not sell, give or furnish
alcoholic liquors, including wine, for consumption off of its licensed
premises, unless it is a private club licensed to sell sealed wine for
consumption off of the licensed premises and meets the requirements set out in
subdivisions (j) and (l), section three, article eight, chapter sixty of this
code for the sale of wine, not liquor.
(c) Retail sales. —
Every licensee authorized under this section shall comply with all the
provisions of this article as applicable to nonintoxicating beer retailers when
conducting sales of nonintoxicating beer or nonintoxicating craft beer and
shall be subject to all applicable requirements and penalties in this article.
(d) Payment of taxes and
fees. — A licensee authorized under this section shall pay all taxes and
fees required of licensed nonintoxicating beer retailers, in addition to any
other taxes and fees required, and meet applicable licensing provisions as
required by this chapter and by rule of the commissioner.
(e) Advertising. — A
licensee authorized under this section may advertise a particular brand or
brands of nonintoxicating beer or nonintoxicating craft beer and the price of
the nonintoxicating beer or nonintoxicating craft beer subject to state and
federal requirements or restrictions. The advertisement may not encourage
intemperance.
(f) Growler requirements.
— A licensee authorized under this section must fill a growler and patrons are
not permitted to access the secure area or fill a growler. A licensee authorized
under this section must sanitize, fill, securely seal and label any growler
prior to its sale. A licensee authorized under this section may only offer for
retail sale up to two 64-ounce, or four 32-ounce, growlers of nonintoxicating
beer or nonintoxicating craft beer per customer per day for personal
consumption off of the licensed premises and not for resale. A licensee under
this section may refill a growler subject to the requirements of this section.
A licensee shall visually inspect any growler before filling or refilling it. A
licensee may not fill or refill any growler that appears to be cracked, broken,
unsafe or otherwise unfit to serve as a sealed beverage container.
(g) Growler labeling.
— A licensee authorized under this section selling growlers shall affix a
conspicuous label on all sold and securely sealed growlers listing the name of
the licensee selling the growler, the brand of the nonintoxicating beer or
nonintoxicating craft beer in the growler, the alcohol content by volume of the
nonintoxicating beer or nonintoxicating craft beer in the growler and the date
the growler was filled or refilled. All labeling on the growler shall be
consistent with all federal labeling and warning requirements.
(h) Growler sanitation.
— A licensed brewer or resident brewer authorized under this section shall
clean and sanitize all growlers he or she fills or refills in accordance with
all state and county health requirements prior to its sealing. In addition, the
licensed brewer or resident brewer shall sanitize, in accordance with all state
and county health requirements, all taps, tap lines, pipe lines, barrel tubes
and any other related equipment used to fill or refill growlers. Failure to
comply with this subsection may result in penalties under section twenty-three
of this article.
(i) Complimentary samples. — A licensee authorized under this section
may offer complimentary samples of nonintoxicating beer or nonintoxicating
craft beer. The complimentary samples
may be no greater than two ounces per sample per patron and a sampling may not
exceed three complimentary two ounce samples per patron per day. Prior to any sampling, the licensee shall
verify, using proper identification, that the patron sampling is twenty-one
years of age or over and that the patron is not visibly intoxicated.
(i) (j)
Fee. — Commencing July 1, 2015, and
by every July 1 thereafter, there is an annual $100 nonrefundable fee for a
licensee, except for a licensed brewpub, to sell growlers as provided by this
section. The licensee must be in good standing with the state at the time of
paying the fee.
(j) (k) Limitations on licensees. — A
licensee under this section may only sell growlers during the hours of
operation set forth in subdivision (1), subsection (a), section eighteen of
this article. Any licensee licensed under this section must maintain a secure
area for the sale of nonintoxicating beer or nonintoxicating craft beer in a
growler. The secure area must only be accessible by the licensee. Any licensee
licensed under this section shall be subject to the applicable penalties under
section twenty-three of this article for violations of this section.
(k) (l) Nonapplicability of certain statutes.
— Notwithstanding any other provision of this code to the contrary, licensees
under this section are permitted to break the seal of the original container
for the limited purpose of filling a growler as provided in this section. Any
unauthorized sale of nonintoxicating beer or nonintoxicating craft beer or any
consumption not permitted on the licensee's
licensed premises is subject to penalties under this article.
(l) (m) Rules. — The commissioner is
authorized to may propose rules for legislative approval, pursuant
to article three, chapter twenty-nine-a of this code, to implement this
section.
NOTE: The purpose of this bill is
to authorize licensee’s authorized to sell growlers to offer complimentary
samples of nonintoxicating beers to patrons from their licensed premises.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.