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Introduced Version House Bill 3018 History

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hb3018 intr
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.
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