WEST virginia legislature

2019 regular session

Introduced

House Bill 3104

By Delegate Hamrick

[Introduced February 12, 2019; Referred
to the Committee on Government Organization.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-16a, relating to the allowing an out-of-state person engage in business without a West Virginia license as a producer, exporter, importer, retailed or wholesaler if a nonintoxicating beer is not available within the state.

Be it enacted by the Legislature of West Virginia:

ARTICLE 16. NONINTOXICATING BEER.

§11-16-16a. Exception to restrictions on nonresident brewers, manufacturers and distributors.

If a nonintoxicating beer is not available within this state, an out-of-state person may engage in business in this state as a producer, exporter, importer, retailer or wholesaler of nonintoxicating beer without a license issued by this state: Provided, That the person shall comply with the requirements governing the issuance of licenses or permits that authorize the sale of nonintoxicating beer by the appropriate authority of the state in which the person resides.

NOTE: The purpose of this bill is to allow nonintoxicating beer, manufacturers and distributors to do business within this state without a license, provided, the brew is not already available within this 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.