H. B. 2636
(By Mr. Speaker, (Mr. Chambers) and Delegates
Houvouras and Brown)
[Introduced March 19, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article eight, chapter
sixty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to wine shipments;
and allowing the shipment of limited quantities of wine from
other states to adults in this state if the other states
give an equal reciprocal privilege to adults, licensed
retailers and distributors of this state.
Be it enacted by the Legislature of West Virginia:
That section six, article eight, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. SALE OF WINES.
§60-8-6. License or registration required for sale or shipment
of wine; shipment of limited quantities of wine to
adult residents permitted.
(a) Except as to the commissioner and except as provided in
subsection (b) of this section, no person may offer for sale orsell wine in this state, or offer wine for shipment into this
state, except to a distributor who is duly licensed under this
article. Every person, whether resident or nonresident in this
state, who is engaged in or desires to engage in the sale or
shipment of wine to a distributor for resale under this article
shall, prior to engaging in such activities, register with the
commissioner. If any such person violates the provisions of this
article, he shall not be permitted to sell, ship or deliver any
wine to a distributor or to the commissioner, or otherwise engage
in the wine business in this state for a period of one year from
the date a notice is mailed to such person by the commissioner of
the fact that such person has violated the provisions of this
article. During such one-year period, it shall be unlawful for
any distributor within this state to buy or receive wine from
such person or to have any dealings with such person with respect
thereto. Hearings and appeals on such notices may be had in the
same manner as in the case of revocations of licenses under this
article.
(b) Notwithstanding the provisions of this chapter or any
other law to the contrary, an adult resident or a duly licensed
retailer or distributor of alcoholic beverages in a state which
affords adults and duly licensed retailers and distributors of
this state an equal reciprocal shipping privilege may ship, for
personal use and not for resale, not more than two cases of wine
per month, not to exceed eighteen liters of wine in any month to
any adult resident in this state. Delivery of a shipmentpursuant to this section shall not be deemed to constitute a sale
in this state. The shipping container of any wine sent into or
out of this state under this subsection shall be clearly labeled
to indicate that the package cannot be delivered to any person
under the age of twenty-one or to an intoxicated person. No
adult resident or duly licensed retailer or distributor may
advertise the availability of wines by shipment to residents of
this state.
NOTE: The purpose of this bill is to allow the shipment of
a limited amount of wine to adults for personal use from states
which provide an equal reciprocal privilege to adults and
licensed retailers and distributors in this state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.