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Introduced Version House Bill 2110 History

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hb2110 intr
H. B. 2110


(By Delegates Hamilton, Azinger, Evans and Stalnaker)
[Introduced February 9, 2005; referred to the
Committee on the Judiciary.]

FN


A BILL to amend and reenact §47-11A-6 of the code of West Virginia, 1931, as amended, relating to allowing a retail markup on the sale of beer, wine and intoxicating liquors of fifteen percent.

Be it enacted by the Legislature of West Virginia:
That §47-11A-6
of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11A. UNFAIR TRADE PRACTICES.
§47-11A-6. How cost determined.
(a) The term "cost" when applicable to the business of retailer shall mean means bona fide cost and shall mean further means: (i) The invoice cost of the article, product or item of merchandise to the retailer or the replacement cost thereof to the retailer within thirty days prior to the date of sale, offer for sale or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts, except customary discounts for cash; and (ii) to either of which there shall be added the following items of expense:
(1) Freight charges not otherwise included in the cost of the article, product or item of merchandise, but which freight charges shall not be construed as including cartage to retail outlet if done or paid for by the retailer;
(2) A markup to cover, in part, the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be seven percent of the aggregate of invoice cost or replacement cost (whichever is used), less trade discounts as aforesaid, and plus said freight charges.
(b) The term "cost" when applicable to the business of a wholesaler shall mean means bona fide cost and shall mean further means: (i) The invoice cost of the merchandise to the wholesaler plus applicable taxes, or the replacement cost of the merchandise to the wholesaler within thirty days prior to the date of sale, offer for sale or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts except customary discounts for cash; and (ii) to either of which there shall be added the following items of expense:
(1) Freight charges not otherwise included in the cost of the article, product or item of merchandise, but which freight charges shall may not be construed as including cartage to the retail outlet if done or paid for by the wholesaler;
(2) A markup to cover, in part, the cost of doing business, which markup in the absence of proof of a lesser cost, shall be four percent of the aggregate of invoice cost or replacement cost (whichever is used), less trade discounts as aforesaid, and plus said the freight charges: Provided, That for the sale of beer, wine and intoxicating liquors, the markup shall be fifteen percent of the aggregate of invoice cost or replacement cost (whichever is used,) less trade discounts plus freight charges.

NOTE: The purpose of this bill is to allow a retail markup on the sale of beer, wine and intoxicating liquors to fifteen percent.

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