ABSTRACT House Committee on the Judiciary
     
     Comm. Sub. for S.B. 470
Prepared by: Robert Williams
     (4/8/2013)               Phone: 304-340-3215
                                   email: robert.williams@wvhouse.gov


SPONSORS: Senators Miller, Williams, Stollings, Kessler (Mr. President), and Beach.

TITLE: Permitting wine sale on Sunday mornings at fairs and festivals.

DATE INTRODUCED: March 7, 2013.

CODE SECTIONS AFFECTED: W.Va. Code §60-8-3 (Amend).

IDENTICAL/SIMILAR BILLS: HB 2946 and HB 2991.

SUMMARY ANALYSIS: The stated purpose of this bill is to permit farm wineries and licensed wineries to sell samples and wine during the operation of fairs or festivals and on Sunday mornings of those events.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS

A. EXISTING LAW: Currently, licensed wineries and farm wineries may exhibit, conduct tasting and may sell win for consumption off premises during the operation of a fair or festival.

B. THIS BILL: Would allows a licensed winery and farm winery to sell samples, not to exceed three ounces per sample, for consumption on the premises at fairs and festivals during the festival hours, except from 2 a.m. and 10 a.m. on Sundays.

C. STAFF SUGGESTED COMMITTEE SUBSTITUTE: The Suggested committee amendment restores the licensed winery and farm winery's ability to sell wine for off premises consumption as well at those same festivals, which was inadvertently deleted by the bill's amendments.

II. SECTION DIRECTORY:
III. FISCAL ANALYSIS:

IV. COMMENTS

     A. CONSTITUTIONAL ISSUES: None identified.

B. GOVERNMENT AGENCIES AFFECTED: ABCA

     C. RULE MAKING AUTHORITY: None.

     D. COMMITTEE REFERENCE: Judiciary.
               
E. TITLE ANALYSIS:

     F. DRAFTING ISSUES OR OTHER COMMENTS: None.

     G. EFFECTIVE DATE: 90 days from passage.