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Introduced Version House Bill 3004 History

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hb3004 intr
H. B. 3004


          (By Delegates Morgan, Skinner and Barrett)
          [Introduced March 20, 2013; referred to the
          Committee on Finance.]




A BILL to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended, relating to increasing the percentage a liquor retail licensee must charge licensed clubs and the general public to one hundred twenty percent of cost.
Be it enacted by the Legislature of West Virginia:
     That §60-3A-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-17. Wholesale prices set by commissioner; retail licensees   to purchase liquor from state; transportation and   storage; method of payment.
                                            (a) The commissioner shall fix wholesale prices for the sale of liquor, other than wine, to retail licensees. The commissioner shall sell liquor, other than wine, to retail licensees according to a uniform pricing schedule. The commissioner shall obtain if possible, upon request, any liquor requested by a retail licensee.
                                            (b) Wholesale prices shall be established in order to yield a net profit for the general fund of not less than $6,500,000 annually on an annual volume of business equal to the average for the past three years. The net revenue derived from the sale of alcoholic liquors shall be deposited into the General Revenue Fund in the manner provided in section seventeen, article three of this chapter.
                                            (c) The commissioner shall specify the maximum wholesale markup percentage which may be applied to the prices paid by the commissioner for all liquor, other than wine, in order to determine the prices at which all liquor, other than wine, will be sold to retail licensees. A retail licensee shall purchase all liquor, other than wine, for resale in this state only from the commissioner, and the provisions of sections twelve and thirteen, article six of this chapter shall do not apply to the transportation of the liquor: Provided, That a retail licensee shall purchase wine from a wine distributor who is duly licensed under article eight of this chapter. All liquor, other than wine, purchased by retail licensees shall be stored in the state at the retail outlet or outlets operated by the retail licensee: Provided, however, That the commissioner, in his or her discretion, may upon written request permit a retail licensee to store liquor at a site other than the retail outlet or outlets.
                                            (d) The sale of liquor by the commissioner to retail licensees shall be paid by electronic funds transfer which shall be initiated by the commissioner on the business day following the retail licensee's order or by money order, certified check or cashier's check which shall be received by the commissioner at least twenty-four hours prior to the shipping of the alcoholic liquors: Provided, That if a retail licensee posts with the commissioner an irrevocable letter of credit or bond with surety acceptable to the commissioner from a financial institution acceptable to the commissioner guaranteeing payment of checks, then the commissioner may accept the retail licensee's checks in an amount up to the amount of the letter of credit.
                                            (e) (1) A retail licensee may not sell liquor to persons licensed under the provisions of article seven of this chapter at less than one hundred ten twenty percent of the retail licensee's cost as defined in section six, article eleven-a, chapter forty-seven of this code.
                                            (2) A retail licensee may not sell liquor to the general public at less than one hundred ten twenty percent of the retail licensee's cost as defined in section six, article eleven-a, chapter forty-seven of this code.


                                                    
                                            NOTE: The purpose of this bill is to increase the percentage a liquor retail licensee must charge a licensed club and the general public to one hundred twenty percent of cost.

                                            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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