WEST virginia legislature

2020 regular session

Introduced

House Bill 4727

By Delegates Howell, Hott, C. Martin and Hanna
(By Request)

[Introduced February 06, 2020; Referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3-26, relating to permitting mini-distilleries to import produce in excess of established limits if they are unable to obtain 75 percent of the raw agricultural products necessary to produce its alcoholic liquor.

Be it enacted by the Legislature of West Virginia:

§60-3-26. Permit for mini-distilleries to import produce in excess of established limits.

Upon application by the holder of a mini-distillery license, filed with the West Virginia Alcohol Beverage Control Commissioner, showing, due to unusual climatic or other conditions adversely affecting its ability to obtain from within this state 75 percent of the raw agricultural products necessary to produce its alcoholic liquor, the commissioner may issue to the applicant a permit to import such products in an amount deemed necessary by the commissioner to allow such mini-distillery to produce liquor within the quota established by §60-1-5b of this code. The permit issued under this section shall not be effective for more than 90 days. The burden of proof shall be upon the applicant to show that the agricultural product normally used by the licensee are not available from any other source within the State of West Virginia, and no application for a permit under this section shall be considered by the commissioner unless it is accompanied by written findings by the West Virginia Agriculture Commissioner in support thereof.

NOTE: The purpose of this bill is to create a new section that allows mini-distilleries to import raw agricultural products if they are unable to obtain the necessary products within the state.

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