Introduced Version
House Bill 3018 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3018
(By Delegates Skinner and Lawrence)
[Introduced March 21, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.]
A BILL to amend and reenact §60-4-3a of the Code of West Virginia,
1931, as amended,
relating to exempting distilleries that
produce less than 50,000 gallons of spirits and also have
retail sales from the payments to market zone retailers.
Be it enacted by the Legislature of West Virginia:
That §60-4-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. LICENSES.
§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 may offer liquor for retail sale to customers from
the distillery or the mini-distillery for consumption off premises
only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited
from consuming any liquor on the premises of the distillery or the
mini-distillery.
(b) Retail sales. -- Every licensed distillery or
mini-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 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.
(d) Payments to market zone retailers. -- Each distillery or
mini-distillery that produces at least fifty thousand gallons of
product per year and each distillery or mini-distillery that
produces less than fifty thousand gallons of product per year but
does not make retail sales shall submit to the commissioner ten
percent of the gross sales price or each retail liquor sale for the
value of all sales at the distillery or the mini-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 market zone, proportionate to each market zone retailer's annual gross prior years pretax value sales.
(e) Limitations on licensees. -- No distillery or
mini-distillery may sell more than three thousand gallons of
product at the distillery or mini-distillery location during the
initial two years of licensure. The distillery or mini-distillery
may increase sales at the distillery or mini-distillery location by
two thousand gallons following the initial 24-month period of
licensure and may increase sales at the distillery or
mini-distillery location each subsequent 24-month period by two
thousand gallons, not to exceed ten thousand gallons a year of
total sales at the distillery or mini-distillery location. No
licensed mini-distillery may produce more than twenty thousand
gallons per calendar year at the mini-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.
NOTE: The purpose of this bill is to exempt distilleries that
produce less than 50,000 gallons of spirits and make retail sales
from the payments to market zone retailers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.