HB4697 S JUD AM #1
Smith 7883
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5b. Mini-distilleries defined.
For the purpose of this chapter:
"Mini-distillery" means an establishment where in any year no more
than twenty thousand 50,000 gallons of alcoholic liquor is
manufactured with no less than 25% of raw agricultural products being
produced by the owner of the mini-distillery on the premises of that
establishment, and no more than 25% of raw agricultural products originating
from any source outside this state: Provided, That the maximum allotted
production amounts shall not exceed the annual incremental production
limitations provided for pursuant to section three-a of this article.
§60-1-5d Micro-distilleries defined.
For the purposes of Chapter 60 of this code “Micro-distillery” means an establishment where in any one year no more than 10,000 gallons of alcoholic liquor is manufactured and no more than 25% of raw agricultural products used in production may originate from outside this state is used in distillation.
§60-4-3. To whom licensed manufacturer may sell.
A person who is licensed to manufacture alcoholic liquors
in this state may sell liquors in this state only to the West Virginia Alcohol
Beverage Control Commissioner and to wholesalers and retailers licensed as
provided in this chapter: Provided, That a holder of a winery or a farm
winery license may sell wines and a holder of a distillery or a, mini-distillery
,or micro-distillery license may sell alcoholic liquors manufactured by
it in this state in accordance with the provisions of §60-6-2 of this code.
Hours of retail sale by a winery or a farm winery or distillery, or a, mini-distillery
or micro distillery are subject to regulation by the commissioner. A
winery, distillery, farm winery, or mini-distillery may sell and ship alcoholic
liquors outside of the state subject to provisions of this chapter.
§60-4-3a. Distillery and mini-distillery license to manufacture and sell.
(a) Sales of liquor. — An operator of a distillery or
a, mini-distillery, or micro-distillery may offer liquor for retail
sale to customers from the distillery or the, mini-distillery, or
micro-distillery for consumption off premises only. Except for free
complimentary samples offered pursuant to §60-6-1 of this code, customers are
prohibited from consuming any liquor on the premises of the distillery or
the, mini-distillery, or micro-distillery: Provided, That a
licensed distillery or, mini-distillery, or micro-distillery may
offer complimentary samples per this subsection of alcoholic liquors
manufactured by that licensed distillery or, mini-distillery, or
micro-distillery for consumption on the premises only on Sundays beginning
at 10:00 a.m. in any county in which the same has been approved as provided for
in §7-1-3pp of this code.
(b) Retail sales. — Every licensed distillery or,
mini-distillery, or micro-distillery shall comply with the provisions of
sections nine, eleven, thirteen, sixteen, seventeen, eighteen, nineteen,
twenty-two, twenty-three, twenty-four, twenty-five and twenty-six, article
three-a of this chapter and the provisions of articles three and four of this
chapter applicable to liquor retailers and distillers.
(c) Payment of taxes and
fees. — The distillery or, mini-distillery, or micro-distillery
shall pay all taxes and fees required of licensed retailers and meet applicable
licensing provisions as required by this chapter and by rule of the
commissioner, except for payments of the wholesale markup percentage and the
handling fee provided by rule of the commissioner: Provided, That all
liquor for sale to customers from the distillery or the, mini-distillery,
or micro distillery for off-premises consumption shall be subject of a five
percent wholesale markup fee and an 80 cents per case bailment fee to be paid
to the commissioner: Provided, however, That no liquor sold by the
distillery or, mini-distillery, or micro distillery shall be
priced less than the price set by the commissioner pursuant §60-3A-17 of this
code.
(d) Payments to market
zone retailers. — Each distillery or, mini-distillery, or micro
distillery shall submit to the commissioner two percent of the gross sales
price of each retail liquor sale for the value of all sales at the distillery or
the, mini-distillery, or micro-distillery each month. This
collection shall be distributed by the commissioner, at least quarterly, to
each market zone retailer located in the distillery or, mini-distillery’s,
or micro-distillery’s market zone, proportionate to each market zone
retailer’s annual gross prior years pretax value sales. The maximum amount of
market zone payments that a distillery or, mini-distillery, or
micro-distillery shall be required to submit to the commissioner is $15,000
per annum.
(e) Limitations on
licensees. — No distillery or, mini-distillery, or
micro-distillery may sell more than 3,000 gallons of product at the
distillery or, mini-distillery, or micro-distillery location the
initial two years of licensure. The distillery or, mini-distillery,
or micro-distillery may increase sales at the distillery or, mini-distillery,
micro-distillery location by 2,000 gallons following the initial 24 month
period of licensure and may increase sales at the distillery or, mini-distillery,
or micro-distillery location each subsequent 24 month period by 2,000
gallons, not to exceed 10,000 gallons a year of total sales at the distillery or,
mini-distillery, or micro-distillery location. No licensed
mini-distillery may produce more than 50,000 gallons per calendar year at the
mini-distillery location. No licensed micro-distillery may produce more than
10,000 gallons per calendar year at the micro-distillery location. No more
than one distillery or mini-distillery license may be issued to a single person
or entity and no person may hold both a distillery and a mini-distillery
license.
§60-4-15. Amount of license fees.
A person to whom a license is issued under the provisions of this chapter shall pay annually to the commissioner a license fee as follows, for:
(1) Distilleries, $1,500;
(2) Wineries, $1,500;
(3) Breweries, $1,500;
(4) Bottling plants, $100;
(5) Wholesale druggists, $50;
(6) Institutions, $10;
(7) Industrial use, $50;
(8) Industrial plants producing alcohol, $250;
(9) Retail druggists, $10;
(10) Farm wineries, $50;
(11) Mini-distilleries, $50
(12) Micro-distillers, $750
ARTICLE 6. MISCELLANEOUS PROVISIONs
§60-6-1. When lawful to possess, use or serve alcoholic liquors.
The provisions of this chapter may not prevent:
(1) A person from keeping and possessing alcoholic liquors in his or her residence for the personal use of himself or herself, his or her family, his or her employee, or his or her guests if the alcoholic liquors have been lawfully acquired by him or her;
(2) A person, his or her family, or employee from giving or serving such alcoholic liquors to guests in the residence, when the gift or service is not for the purpose of evading the provisions of this chapter;
(3) The holder of a winery or a farm winery license from serving complimentary samples of its wine in moderate quantities for tasting on the winery or the farm winery premises; and
(4) The holder of a distillery or a, mini-distillery,
or a micro-distillery license from serving complimentary samples of its
alcoholic liquor in moderate quantities for tasting on the distillery or the,
mini-distillery, or micro-distillery premises.
§60-6-2. When lawful to manufacture and sell wine and cider.
The provisions of this chapter may not prevent:
(1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by §60-6-1 of this code.
(2) A person from manufacturing and selling unfermented cider;
(3) A person from manufacturing and selling cider made from apples produced by him or her within this state to persons holding distillery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;
(4) A person from manufacturing and selling wine made from fruit produced by him or her within this state to persons holding winery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;
(5) The holder of a winery or a farm winery license from selling wine for off-premises consumption sold at retail at the winery or the farm winery, as provided in §60-3B-4 of this code, or for any other person who is licensed under this chapter to sell wine as a wine supplier or distributor; and
(6) The holder of a distillery or a, mini-distillery,
or micro-distillery license from selling alcoholic liquor for off-premises
consumption sold at retail at the distillery or the, mini-distillery, or
micro-distillery, as provided in §60-3A-4 of this code.
Adopted
Rejected