SB534 HFA Honaker & Hanshaw 3-10 #1 REVISED

Casto 3264

 

Delegates Honaker & Hanshaw moved to amend the Committee Amendment on page 1, by striking §8-12-26 in its entirety, and inserting in lieu thereof the following:

Ҥ8-12-26. Prohibiting municipalities from imposing additional alcohol licensure fees.

Notwithstanding any provision of this Code to the contrary, any person licensed under §11-16-1, et. seq. of this Code, shall not be charged any additional alcohol licensure fee by a municipality.”

AND

On page 9, section 6, line 16 by striking the remainder of subsection (a) and inserting in lieu thereof the following:

In order to promote the state’s hospitality and tourism industry, as well as promoting economic development within the state by supporting the development of local breweries, including the application for licensure of brewery owners seeking licensure as a resident brewer in this state while licensed in other states, the commissioner may not consider licensure in such other states as a limiting factor or as the basis of licensure denial when evaluating applications for licensure as a resident brewer in this state. Any applicant seeking licensure as a resident brewer in this state (1) must meet all requirements for licensure as a resident brewer in this state, (2) must be in good standing in all other jurisdictions wherein the applicant is licensed as a brewer or resident brewer as such terms are defined in the licensing jurisdiction and, (3) must never have had a license revoked in any other state; Provided, that persons licensed as resident brewers in this state are limited to producing 25,000 barrels of non-intoxicating beer and limited to self-distribution rights of 10,000 barrels of non-intoxicating beer, and such production and distribution limits shall apply, in the aggregate, whether produced in another state or West Virginia, as to all non-intoxicating beer produced by a person licensed as a resident brewer in West Virginia.”

AND

On page 25, section 8, line 46 immediately following the word “regulations” by striking the word “and” and inserting in lieu thereof the following: “;”

AND

On page 25, section 8, line 47 immediately following the word “building;” by inserting the following: “and”

AND

On page 35, section 8, line 44 immediately following the word “applicant” by deleting "or any executive"

AND

on page 37, section 3a, line 32, immediately following the word “intoxicated” by striking the words “not to exceed three separate West Virginia product brands one fluid ounce samples per patron, per day” and inserting in lieu thereof the following:

The complimentary liquor samples of the licensed distillery, mini-distillery, or micro-distillery’s product on any sampling day shall not exceed:

(1) Three separate and individual samples serving per customer verified to be 21 years of age or older; and

(2) One and one-half ounces in total volume. Samples may be mixed with each other or with non-alcoholic liquids as long as the total amount of the liquor sampled does not exceed one and one-half ounces.”

AND

On page 45, section 2, line 73, immediately following the word club on line 72 by striking the word “license” and inserting in lieu thereof “licensee”

AND

On page 47, section 2, line 159, by striking both occurrences of the word “license” and inserting in lieu thereof in both instances “licensee”

AND

On page 53, section 2, line 289, immediately following the word “club” by striking the word “license” and inserting in lieu thereof “licensee”

AND

On page 71, section 6, line 6, immediately following the word “hotel” by striking the words “a private food court as defined in §60-7-2 of this code”

AND

On page 72, section 6, line 12 immediately following the word “and” by inserting the following: “$4,000”

AND

On page 72, section 6, line 14, immediately following the second occurrence of the word “code” by inserting “, or a private food court as defined in §60-7-2 of this code.”

AND

On page 73, section 8a, line 1 immediately following the word “hereby” by striking the word “continued” and inserting in lieu thereof “created”

 

Adopted

Rejected