SB1065 SFAT Barrett  #1 2-27

Johnson 7909

Senator Barrett moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for Senate Bill 1065—A BILL to amend and reenact §11-16-6b, §11-16-6c, §11-16-9, §11-16-11a, §17C-5D-3, §60-2-17b, §60-3A-12, §60-3A-17, §60-3A-19, §60-4-3a, §60-4-3b, §60-7-2, §60-7-2a, §60-7-6, §60-7-8b, §60-7-8d, §60-7-8e, §60-7-8f, §60-7-8g, §60-7-15, §60-8-2, §60-8-3, §60-8-3a, §60-8-6a, §60-8-6b, §60-8-6c, §60-8-6d, §60-8-6g, §60-8-16, §60-8-32, §60-8-34, and §60-8A-5 of the Code of West Virginia, 1931, as amended; and to repeal §60-7-8c, relating to nonintoxicating beer and nonintoxicating craft beer, wine, liquor, and private club license consolidation and reform; eliminating the nonintoxicating beer growler fee for brewpubs, Class A and Class B retail dealers, private club types, and Class or Class B retail licensees; eliminating the license fee for curbside sales via an application for Class B retail dealers that are grocery stores; eliminating the proration of the Class A and Class B retail dealer’s license fees; establishing a license fee for Class A and Class B retail dealers; eliminating the two-year operational requirement for social, fraternal, and for-profit private clubs; permitting Class A retail dealers to apply for up to six free nonintoxicating beer floorplan extensions per year; establishing a fee for additional nonintoxicating beer floorplan extensions; permitting Class A and Class B retail dealers to conduct limited nonintoxicating beer or nonintoxicating craft beer sampling for no additional fee; adding a pedal bike and chartered bus to the existing open container law exemption;  clarifying the licenses covered by the wine and liquor operating fund; adding Class B off-premises nonintoxicating beer and wine licenses to a retail liquor outlet for no additional fee and subject to meeting requirements; establishing a retail liquor outlet license fee; permitting a retail liquor outlet to sell stagnant liquor below cost in certain instances; permitting persons who lawfully purchase a barrel or barrels of liquor from a distillery, mini-distillery, or micro-distillery to transport the liquor under certain conditions; removing the five percent markup for a distillery, mini-distillery, or micro-distillery; permitting a distillery, mini-distillery, or micro-distillery to self-distribute its manufactured liquor to Class A private venues located in their market zones or contiguous market zones for no additional fee; permitting a distillery, mini-distillery, or micro-distillery in certain circumstances to jump a landlocked market zone, as approved by the commissioner;  permitting a winery or farm winery to operate a private wine venue or private venue - alcohol manufacturer when meeting requirements; authorizing fraternal private clubs, other private clubs, and other private club types; eliminating the private hotel license, requirements, and fee; eliminating the private resort hotel license, requirements, and fee; setting requirements and fee for a private accommodation license for hotels, resort hotels, bed and breakfasts, and short-term rentals; eliminating the private golf club license, requirements, and fee; eliminating the private golf course license, requirements, and fee; eliminating the private tennis club license, requirements, and fee; eliminating the private college sports stadium license, requirements, and fee; eliminating the private professional sports stadium license, requirements, and fee; eliminating the private multi-sport complex license, requirements, and fee; eliminating the private coliseum or center license, requirements, and fee; setting requirements and fee for a private sports venue license for golf, tennis, racket sports, colleges sports, professional sports, multi-sport, and coliseum/center venues; eliminating the private cigar shop license, requirements, and fee; repealing the multi-vendor private fair and festival license, requirements, and fee; eliminating the private bakery license, requirements, and fee; eliminating the private caterer license, requirements, and fee; eliminating the private club bar license, requirements, and fee; eliminating the private club restaurant license, requirements, and fee; eliminating the private wedding venue or barn license, requirements, and fee; eliminating the private food truck license, requirements, and fee; eliminating the private food court license, requirements, and fee; eliminating the private manufacturer club license, requirements, and fee; eliminating the private farmers market license, requirements, and fee; eliminating the “private fair and festival” definition; setting requirements and fee for a private venue license for a bakery, caterer with a restaurant, bar, restaurant, wedding venue or barn, food truck, food court, farmers market, and alcohol manufacturer; requiring all private club types, private wine venues, and taverns to use an approved age verification system; permitting dual licensing requirements for a private venue - coliseum or center; removing the proration of private club type license fees; permitting a private venue - restaurant to conduct a one -day charitable rare, antique, or vintage liquor auction subject to certain requirements; clarifying requirements for private club types to conduct outdoor dining and outdoor street dining; clarifying authority of private venue – restaurants and private venue – alcohol manufacturers to sell craft cocktail growlers for off-premises consumption and eliminating the fee; permitting private venue – restaurants and private venue – alcohol manufacturers to deliver craft cocktail growlers for no additional fee; permitting a Class A on-premises licensee who has a qualified permit to operate in a private outdoor designated area to also operate an approved pedal bike within private outdoor designated area for no additional fee; permitting a Class A private club or private club type to sell nonintoxicating beer or nonintoxicating craft beer, subject to meeting requirements, for no additional license fee; clarify wine distributor license definition; clarify wine retailer definition, license, requirements and fee; eliminate wine specialty  shop license, requirements, and fee; eliminate private wine restaurant license, requirements, and fee; eliminate private wine bed and breakfast license, requirements, and fee; eliminate private wine spa license, requirements, and fee; establishing a private wine venue license, requirements, and fee for restaurants, spas, bed and breakfasts, and short term rentals; clarifying the wine retailer license may include the sale of special wines;  adding retailer requirements to sell special wines; including the sale of nonintoxicating beer with any Class A or Class B wine license, respectively, for no additional fee; clarifying wine club requirements and privileges for no fee; permitting limited off-premises wine sales at a private wine venue – restaurant; permitting patrons to carry wine on to a private wine venue - restaurant license when permitted by a licensee who charges a corkage fee; clarifying the re-corking and resealing of unconsumed wine subject to requirements; authorizing a wine retailer with special wines to conduct wine tastings and samplings subject to requirements; clarifying a wine retailer that is a grocery store may sell wine via an application for curbside pickup at the retailer’s location; clarifying wine direct shipper prohibitions; permitting a wine retailer with special wines to deliver wine with a gift basket subject to requirements; permitting wineries and farm wineries to sell wine growlers subject to certain requirements; eliminating proration of wine licenses; permitting wine retailers, private wine venues, Class B retail dealers, private venue - restaurants, private venue - alcohol manufacturers, Class A retail licensees, and Class B retail licensees to sell wine growlers subject to certain requirements, for no additional fee; permitting a licensed Class A private wine venue to operate a separate but connected Class B wine retailer, subject to certain requirements; clarifying license requirements for grocery stores, retailers, private wine venues, or private club types; clarifying wine distributor license requirements; clarifying when retail sale are prohibited or hours of operation; and permitting wineries and farm wineries to sell hard cider in wine growlers when licensed as a private wine venue or private venue alcohol manufacturer for no additional fee.

Adopted

Rejected