Introduced Version
House Bill 2991 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2991
(By Delegates E. Nelson (By Request) and McCuskey)
[Introduced
March 20, 2013
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-8-3 of the Code of West Virginia,
1931, as amended, relating to licenses fees and general
restrictions on the sale of wines; and on limited occasions,
providing that a wine retailer may be licensed as a retail
dealer in nonintoxicating beer for the limited purpose of
selling nonintoxicating beer at the same festival or fair if
the sale of nonintoxicating beer is allowed by the festival or
fair.
Be it enacted by the Legislature of West Virginia:
That §60-8-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
(a) No person may engage in business in the capacity of a winery, farm winery, supplier, distributor, retailer, private wine
bed and breakfast, private wine restaurant, private wine spa or
wine specialty shop without first obtaining a license from the
commissioner, nor shall may a person continue to engage in any such
activity after his or her license has expired, been suspended or
revoked. No person may be licensed simultaneously as a distributor
and a retailer. No person, except for a winery or farm winery, may
be licensed simultaneously as a supplier and a retailer. No person
may be licensed simultaneously as a supplier and a private wine bed
and breakfast, private wine restaurant or a private wine spa. No
person may be licensed simultaneously as a distributor and a
private wine bed and breakfast, a private wine restaurant or a
private wine spa. No person may be licensed simultaneously as a
retailer and a private wine bed and breakfast, a private wine
restaurant or a private wine spa.
(b) The commissioner shall collect an annual fee for licenses
issued under this article, as follows:
(1) One hundred fifty dollars per year for a supplier's
license;
(2) Twenty-five hundred dollars per year for a distributor's
license and each separate warehouse or other facility from which a
distributor sells, transfers or delivers wine shall be separately
licensed and there shall be collected with respect to each such
location the annual license fee of $2,500 as herein provided;
(3) One hundred fifty dollars per year for a retailer's
license;
(4) Two hundred fifty dollars per year for a wine specialty
shop license, in addition to any other licensing fees paid by a
winery or retailer holding such a license, except for the amount of
the license fee and the restriction to sales of winery or farm
winery wines, a winery or farm winery acting as a wine specialty
shop retailer is subject to all other provisions of this article
which are applicable to a wine specialty shop retailer as defined
in section two of this article;
(5) One hundred fifty dollars per year for a wine tasting
license;
(6) One hundred fifty dollars per year for a private wine bed
and breakfast license, and each separate bed and breakfast from
which a licensee sells wine shall be separately licensed and there
shall be collected with respect to each such location the annual
license fee of $150 as herein provided;
(7) Two hundred fifty dollars per year for a private wine
restaurant license, and each separate restaurant from which a
licensee sells wine shall be separately licensed and there shall be
collected with respect to each such location the annual license fee
of $250 as herein provided;
(8) One hundred fifty dollars per year for a private wine spa
license and each separate private wine spa from which a licensee sells wine shall be separately licensed and there shall be
collected with respect to each such location the annual license fee
of $150 as herein provided;
(9) One hundred fifty dollars per year for a wine sampling
license issued for a wine specialty shop under subsection (n) of
this section;
(10) No fee shall be charged for a special one-day license
under subsection (p) of this section or for a heritage fair and
festival license under subsection (q) of this section; and
(11) One hundred fifty dollars per year for a direct shipper's
license for a licensee who sells and ships only wine and $250 per
for a direct shipper's license who ships and sells wine,
nonfortified dessert wine, port, sherry or Madeira wines.
(12) Three hundred dollars per year for a multicapacity winery
or farm winery license which shall enable the holder to operate as
a retailer, wine specialty shop, supplier and direct shipper
without obtaining an individual license for each capacity.
(c) The license period shall begin on July 1, of each year and
end on June 30 of the following year and if granted for a less
period, the same shall be computed semiannually in proportion to
the remainder of the fiscal year.
(d) No retailer may be licensed as a private club as provided
by article seven of this chapter, except as provided by subsection
(k) of this section.
(e) No retailer may be licensed as a Class A retail dealer in
nonintoxicating beer as provided by article sixteen, chapter eleven
of this code: Provided, That a delicatessen, a caterer or party
supply store which is a grocery store as defined in section two of
this article and which is licensed as a Class A retail dealer in
nonintoxicating beer may be a retailer under this article:
Provided, however, That any delicatessen, caterer or party supply
store licensed in both such capacities must maintain average
monthly sales exclusive of sales of wine and nonintoxicating beer
which exceed the average monthly sales of nonintoxicating beer:
Provided further, That a retailer may be licensed as a retail
dealer in nonintoxicating beer for the limited purpose as provided
by subsection (h) of this section.
(f) A wine specialty shop under this article may also hold a
wine tasting license authorizing such the retailer to serve
complimentary samples of wine in moderate quantities for tasting.
Such wine specialty shop shall organize a wine taster's club, which
has at least fifty duly elected or approved dues-paying members in
good standing. Such club shall meet on the wine specialty shop's
premises not more than one time per week and shall either meet at
a time when the premises are closed to the general public, or shall
meet in a separate segregated facility on the premises to which the
general public is not admitted. Attendance at tastings shall be
limited to duly elected or approved dues-paying members and their guests.
(g) A retailer who has more than one place of retail business
shall obtain a license for each separate retail establishment. A
retailer's license may be issued only to the proprietor or owner of
a bona fide grocery store or wine specialty shop.
(h) The commissioner may issue a special license for the
retail sale of wine at any festival or fair which is endorsed or
sponsored by the governing body of a municipality or a county
commission. Such special license shall be issued for a term of no
longer than ten consecutive individual days in a calendar year and
the fee therefor shall be $250 regardless of the term of the
license unless the applicant is the manufacturer of said wine on a
winery or a farm winery as defined in section five-a, article one
of this chapter, in which event the fee shall be $50 if the event
is held on the premises of the winery or farm winery: Provided,
That the special license shall also allow the license holder to
sell nonintoxicating beer at the same festival or fair if the sale
of nonintoxicating beer is allowed by the festival or fair. The
application for such the license shall contain such information as
the commissioner may reasonably require and shall be submitted to
the commissioner at least thirty days prior to the first day when
wine is to be sold at such the festival or fair. A winery or a
farm winery licensed under this subsection may exhibit, conduct
tastings, not to exceed a reasonable serving, and may sell wine only for consumption off the premises of such the festival or fair.
A special license issued other than to a winery or a farm winery
may be issued to a "wine club" as defined herein below. The
festival or fair committee or the governing body shall designate a
person to organize a club under a name which includes the name of
the festival or fair and the words "wine club". The license shall
be issued in the name of the wine club. A licensee may not
commence the sale of wine as provided in this subsection until the
wine club has at least fifty dues-paying members who have been
enrolled and to whom membership cards have been issued.
Thereafter, new members may be enrolled and issued membership cards
at any time during the period for which the license is issued. A
wine club licensed under the provisions of this subsection may sell
wine only to its members, and in portions not to exceed eight
ounces per serving. Such sales shall take place on premises or in
an area cordoned or segregated so as to be closed to the general
public, and the general public shall not be admitted to such the
premises or area. A wine club licensee under the provisions of
this subsection shall be authorized to serve complimentary samples
of wine in moderate quantities for tasting.
A license issued under the provisions of this subsection and
the licensee holding such the license shall be subject to all other
provisions of this article and the rules and orders of the
commissioner relating to such the special license: Provided, That the commissioner may by rule, regulation or order provide for
certain waivers or exceptions with respect to such the provisions,
rules, regulations or orders as the circumstances of each such
festival or fair may require, including, without limitation, the
right to revoke or suspend any license issued pursuant to this
section prior to any notice or hearing notwithstanding the
provisions of section twenty-seven and twenty-eight of this
article: Provided, however, That under no circumstances shall the
provisions of subsection (c) or (d), section twenty of this article
be waived nor shall any exception be granted with respect thereto.
A license issued under the provisions of this subsection and
the licensee holding such the license shall may not be subject to
the provisions of subsection (g) of this section.
(i) (A) The commissioner may issue a special license for the
retail sale of wine in a professional baseball stadium. A license
to sell wine granted pursuant to this subsection entitles the
licensee to sell and serve wine, for consumption in a professional
baseball stadium. For the purpose of this subsection,
"professional baseball stadium" means a facility constructed
primarily for the use of a major or minor league baseball
franchisee affiliated with the National Association of Professional
Baseball Leagues, Inc., or its successor, and used as a major or
minor league baseball park. Any special license issued pursuant to
this subsection shall be for a term beginning on the date of issuance and ending on the next following June 30, and its fee is
$250 regardless of the length of the term of the license. The
application for the special license shall contain information as
the commissioner may reasonably require and must be submitted to
the commissioner at least thirty days prior to the first day when
wine is to be sold at the professional baseball stadium. The
special license may be issued in the name of the baseball
franchisee or the name of the primary food and beverage vendor
under contract with the baseball franchisee. These sales must take
place within the confines of the professional baseball stadium,
provided that the exterior of the area where wine sales may occur
are surrounded by a fence or other barrier prohibiting entry except
upon the franchisee's express permission, and under the conditions
and restrictions established by the franchisee, so that the wine
sales area is closed to free and unrestricted entry by the general
public.
(B) A license issued under this subsection and the licensee
holding the license is subject to all other provisions of this
article and the rules and orders of the commissioner relating to
the special license: Provided, That the commissioner may by rule or
order grant certain waivers or exceptions to those rules or orders
as the circumstances of each such professional baseball stadium may
require, including, without limitation, the right to revoke or
suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding sections twenty-seven and
twenty-eight of this article: Provided, however, That under no
circumstances may subsection (c) or (d), section twenty of this
article be waived nor shall any exception be granted concerning
those subsections.
(C) The commissioner has the authority to propose rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code to implement this subsection.
(j) A license to sell wine granted to a private wine bed and
breakfast, private wine restaurant, private wine spa or a private
club under the provisions of this article entitles the operator to
sell and serve wine, for consumption on the premises of the
licensee, when such the sale accompanies the serving of food or a
meal to its members and their guests in accordance with the
provisions of this article: Provided, That a licensed private wine
bed and breakfast, private wine restaurant, private wine spa or a
private club may permit a person over twenty-one years of age to
purchase wine, consume wine and recork or reseal, using a tamper
resistant cork or seal, up to two separate bottles of unconsumed
wine in conjunction with serving of food or a meal to its members
and their guests in accordance with the provisions of this article
and in accordance with regulations promulgated by the commissioner
for the purpose of consumption of said wine off premises:
Provided, however, That for this article, food or a meal provided by the private licensee means that the total food purchase,
excluding beverage purchases, taxes, gratuity or other fees is at
least $15: Provided further, That a licensed private wine
restaurant or a private club may offer for sale for consumption off
the premises, sealed bottles of wine to its customers provided that
no more than one bottle is sold per each person over twenty-one
years of age, as verified by the private wine restaurant or private
club, for consumption off the premises. Such licensees are
authorized to keep and maintain on their premises a supply of wine
in such quantities as may be appropriate for the conduct of
operations thereof. Any sale of wine so made shall be subject to
all restrictions set forth in section twenty of this article. A
private wine restaurant may also be licensed as a Class A retail
dealer in nonintoxicating beer as provided by article sixteen,
chapter eleven of this code.
(k) With respect to subsections (h), (i), (j), (o) and (p) of
this section, the commissioner shall promulgate legislative rules
in accordance with the provisions of chapter twenty-nine-a of this
code with regard to the form of the applications, the suitability
of both the applicant and location of the licensed premises and
such other legislative rules deemed determined necessary to carry
the provisions of such the subsections into effect.
(l) The commissioner shall promulgate legislative rules in
accordance with the provisions of chapter twenty-nine-a of this code to allow restaurants to serve wine with meals, and to sell
wine by the bottle for off-premises consumption as provided in
subsection (j) of this section. Each restaurant so licensed shall
be charged an additional $100 per year fee.
(m) The commissioner shall establish guidelines to permit
wines to be sold in all stores licensed for retail sales.
(n) Wineries and farm wineries may advertise off premises as
provided in section seven, article twenty-two, chapter seventeen of
this code.
(o) A wine specialty shop under this article may also hold a
wine sampling license authorizing the wine specialty shop to
conduct special wine sampling events at a licensed wine specialty
shop location during regular hours of business. The wine specialty
shop may serve up to three complimentary samples of wine,
consisting of no more than one ounce each, to any one consumer in
one day. Persons serving the complimentary samples must be
twenty-one years of age and an authorized representative of the
licensed wine specialty shop, winery, farm winery or a
representative of a distributor or registered supplier.
Distributor and supplier representatives attending wine sampling
events must be registered with the commissioner. No licensee,
employee or representative may furnish, give or serve complimentary
samples of wine to any person less than twenty-one years of age or
to a person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs. The wine specialty shop
shall notify and secure permission from the commissioner for all
wine sampling events one month prior to the event. Wine sampling
events may not exceed six hours per calendar day. Licensees must
purchase all wines used during these events from a licensed farm
winery or a licensed distributor.
(p) The commissioner may issue special one-day licenses to
duly organized, nonprofit corporations and associations allowing
the sale and serving of wine when raising money for athletic,
charitable, educational or religious purposes. The license
application shall contain information as the commissioner may
reasonably require and shall be submitted to the commissioner at
least thirty days prior to the event. Wines used during these
events may be donated by or purchased from a licensed retailer, a
distributor or a farm winery. Under no circumstances may the
provision of subsection (c), section twenty of this article be
waived nor may any exception be granted with respect thereto.
(q) The commissioner may issue special licenses to heritage
fairs and festivals allowing the sale, serving and sampling of wine
from a licensed farm winery. The license application shall contain
information required by the commissioner and shall be submitted to
the commissioner at least thirty days prior to the event. Wines
used during these events may be donated by or purchased from a
licensed farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may
any exception be granted with respect thereto. The commissioner
shall propose rules for legislative approval in accordance with
article three, chapter twenty-nine-a of this code to implement the
provisions of this subsection.
NOTE: The purpose of this bill is to provide that a wine
retailer may be licensed as a retail dealer in nonintoxicating beer
for the limited purpose of selling nonintoxicating beer at the same
festival or fair if the sale of nonintoxicating beer is allowed by
the festival or fair.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.