House Bill 3112 History
H. B. 3112
(By Delegate Hunt)
March 21, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-8-30 of the Code of West Virginia,
1931, as amended, relating to requiring that wine
distributorships be divided into territories; and providing
criminal penalties for violators.
Be it enacted by the Legislature of West Virginia:
That §60-8-30 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. SALE OF WINES.
§60-8-30. Wine distributor territories.
It shall be illegal for any manufacturer to enter into any
exclusive franchise agreement with any distributor whereby any such
distributor is given the exclusive right within this state or in
any given territory within this state to distribute the product or
products of such manufacturer which are to be sold or distributed
pursuant to the provisions of this article.(a) It shall be unlawful for any distributor to sell, offer
for sale, distribute or deliver any wine outside the territory assigned to any distributor by the manufacturer of the wine or to
sell, offer for sale, distribute or deliver wine to any retailer
whose principal place of business or licensed premises is within
the assigned territory of another distributor of such wine:
Provided, That nothing herein shall be considered to prohibit sales
of convenience between distributors licensed in this state wherein
one distributor sells, transfers or delivers to another distributor
a particular brand or brands for sale at wholesale.
(b) Any person who violates any provision of this section
including, but not limited to, any provision of this section, or
any rule, or order lawfully promulgated by the Commissioner, or who
makes any false statement concerning any material fact in
submitting application for license or for a renewal of a license or
in any hearing concerning the revocation thereof, or who commits
any of the acts herein declared to be unlawful is guilty of a
misdemeanor and, upon conviction thereof, shall be punished for
each offense by a fine of not less than twenty-five nor more than
five hundred dollars, or confined in jail for not less than thirty
days nor more than six months, or by both fine and confinement.
Magistrates shall have concurrent jurisdiction with the circuit
court and any other courts having criminal jurisdiction in their
county for the trial of all misdemeanors arising under this
NOTE: The purpose of this bill is to require that wine
distributors be divided into territories; and provide criminal
penalties for violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would