Senate Bill No. 112
(By Senators Sharpe, Edgell, Prezioso, Ross, Minard and White)
[Introduced January 10, 2003; referred to the Committee on
Agriculture; and then to the Committee on the Judiciary.]
A BILL to amend and reenact section five-a, article one, chapter
sixty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section two,
article eight of said chapter, all relating to manufacturing,
serving and selling of port, sherry and Madeira wines by farm
Be it enacted by the Legislature of West Virginia:
That section five-a, article one, chapter sixty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that section two, article eight of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5a. Farm wineries defined.
(a) For the purpose of this chapter: "Farm winery" means an
establishment where in any year fifty thousand gallons or less of wine is manufactured exclusively by natural fermentation from
fruit or fruits, honey or other agricultural products
containing sugar, with twenty-five percent of such raw products
being produced by the owner of such farm winery on the premises of
that establishment and no more than twenty-five percent of such
produce originating from any source outside this state: Provided,
That wines produced by a farm winery may include dessert wines
manufactured exclusively by natural fermentation and port, sherry
and Madeira wines having an alcoholic content of not more than
twenty-two percent alcohol by volume and which have been matured in
wooden barrels or casks, which may be served and sold to the same
extent as a farm winery is permitted to manufacture, serve and sell
table wines pursuant to the provisions of this chapter.
(b) A farm winery may include one off-farm location:
however, That the owner of a farm winery may provide to
the commissioner evidence, accompanied by written findings by the
West Virginia agriculture commissioner in support thereof, that the
owner has planted on the premises of the farm winery young
nonbearing fruit plants. The commissioner may grant permission for
one off-farm location in an amount equal to that reasonably
expected to be produced when the nonbearing fruit plants planted on
the farm winery come into full production. The length of time of
the permission to use an off-farm location shall be determined by
the commissioner after consultation with the agriculture commissioner.
ARTICLE 8. SALE OF WINES.
Unless the context in which used clearly requires a different
meaning, as used in this article:
"Commissioner" or "commission" means the West Virginia alcohol
beverage control commissioner.
"Distributor" means any person whose principal place of
business is within the state of West Virginia and who is engaged in
selling or distributing wine to retailers or private wine
restaurants and selling or distributing port, sherry and Madeira
wines to wine specialty shops under authority of this article and
actually maintains a warehouse in this state for the distribution
shall mean means any wine to which brandy or
other alcohol has been added and shall include dessert wines which
are not fortified.
"Grocery store" means any retail establishment, commonly known
as a grocery store, supermarket, delicatessen, caterer or party
supply store, where food, food products and supplies for the table
are sold for consumption off the premises with average monthly
sales (exclusive of sales of wine) of not less than five hundred
dollars and an average monthly inventory (exclusive of inventory of
wine) of not less than three thousand dollars. The term "grocery store" shall also include and mean a separate and segregated
portion of any other retail store which is dedicated solely to the
sale of food, food products and supplies for the table for
consumption off the premises with average monthly sales with
respect to such separate or segregated portion (exclusive of sales
of wine) of not less than three thousand dollars and an average
monthly inventory (exclusive of inventory of wine) of not less than
three thousand dollars.
"Licensee" means the holder of a license granted under the
provisions of this article.
"Private wine restaurant" means a restaurant which: (1) Is a
partnership, limited partnership, corporation, unincorporated
association or other business entity which has as its principal
purpose the business of serving meals on its premises to its
members and their guests; (2) is licensed under the provisions of
this article as to all of its premises or as to a separate
segregated portion of its premises to serve wine to its members and
their guests when such sale accompanies the serving of food or
meals; and (3) admits only duly elected and approved dues paying
members and their guests while in the company of a member and does
not admit the general public.
"Retailer" means any person licensed to sell wine at retail to
the public at his established place of business for off-premises
consumption and who is licensed to do so under authority of this article.
"Supplier" means any manufacturer, producer, processor,
distributor or supplier of wine who sells or offers to sell or
solicits or negotiates the sale of wine to any licensed West
"Tax" includes within its meaning interest, additions to tax
"Taxpayer" means any person liable for any tax, interest,
additions to tax or penalty under the provisions of this article
and any person claiming a refund of tax.
"Varietal wine" means any wine labeled according to the grape
variety from which such wine is made.
"Vintage wine" or "vintage-dated wine" means wines from which
the grapes used to produce such wine are harvested during a
particular year or wines produced from the grapes of a particular
harvest in a particular region of production.
"Wine" means any alcoholic beverage obtained by the natural
fermentation of the natural content of grapes, other fruits, honey
or other agricultural products containing sugar and to which no
alcohol has been added and shall include table wine and shall
exclude fortified wine and shall also exclude any product defined
as or embraced within the definition of nonintoxicating beer under
the provisions of article sixteen, chapter eleven of this code:
Provided, That a farm winery may manufacture, serve and sell dessert wines manufactured exclusively by natural fermentation and
port, sherry and Madeira wines having an alcoholic content of not
more than twenty-two percent alcohol by volume and which have been
matured in wooden barrels or casks, which may be served and sold to
the same extent as a farm winery is permitted to manufacture, serve
and sell table wines pursuant to the provisions of this chapter.
"Wine specialty shop" means a retailer who
shall deal deals
principally in the sale of table wine, certain fortified wines,
wine accessories and food or foodstuffs normally associated with
wine: and (1) Who shall maintain maintains a representative number
of such those wines for sale in his its inventory which are
designated by label as varietal wine, vintage, generic and/ or
according to region of production and the inventory shall contain
contains not less than fifteen percent vintage or vintage-dated
wine by actual bottle count; and (2) who, any other provisions of
this code to the contrary notwithstanding, may maintain an
inventory of port, sherry and Madeira wines having an alcoholic
content of not more than twenty-two percent alcohol by volume and
which have been matured in wooden barrels or casks.
(NOTE: The purpose of this bill is to allow farm wineries to
manufacture, serve and sell
port, sherry and Madeira wines as well
as table wines.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
JUDICIARY COMMITTEE AMENDMENT
On page three, section two, line sixteen, after the words
"added and" by inserting a comma and the words "except as provided
in section five-a, article one of this chapter,".