Senate Bill No. 86
(By Senators Mitchell, McCabe and Rowe)
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[Introduced January 9, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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
providing that
retailers licensed to sell wine in this state have the same
right to ship wines to purchasers within and without West
Virginia as nonresident retailers.
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 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 or she shall may 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 that person
by the commissioner of the fact that such person has violated
the provisions of this article. During such the one-year
period, it shall be unlawful for any distributor within this
state to buy or receive wine from such that
person or to have
any dealings with such
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 another
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 into this state from a duly licensed
retailer or distributer in another state or nation pursuant to
this section shall not be deemed to does not constitute a sale
in this state. Any retailer licensed to sell wine in this
state under the provisions of this article may deliver wine by
private carrier or by licensed carrier to a retail consumer in
this state or to a retail customer in any other state which
grants retailers similar reciprocal privileges in that 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 recognize that
retailers licensed to sell wine in this state have the same
right to ship wines to purchasers within and without West Virginia as nonresident retailers.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.