COMMITTEE SUBSTITUTE
FOR
H. B. 2636
(By Mr. Speaker, Mr. Chambers, and Delegates
Houvouras and Brown)
(Originating in the House Committee on the Judiciary)
[March 31, 1993]
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 or nations to adults in this state if the other
states or nations 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 or
sell wine in this state, or offer wine for shipment into thisstate, 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 or
nation 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
shipment pursuant 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 shallbe 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.