FISCAL NOTE
FUND(S):
7351
Sources of Revenue:
Special Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
There will be no noticeable impact on costs or revenues os state government.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2012
Increase/Decrease
(use"-") |
2013
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
250 |
250 |
250 |
Explanation of above estimates (including long-range effect):
Based on the listed license fee in the bill, it will increase revenue by $250.00
Memorandum
This bill as written would provide that wine (which is an intoxicating liquor or alcoholic liquor) could be consumed in a public place. the public place in question is an open air stadium only for professional or semi-professional baseball teams.
See WV Constitution - Article VI, Section 46 that states:
6-46. Manufacture and sale of liquor.
The Legislature shall by appropriate legislation regulate the manufacture and sale of intoxicating liquors within the limits of this state, and any law authorizing the sale of such liquors shall forbid and penalize the consumption and the sale thereof for consumption in a saloon or other public place.
Also W.Va. Code 60-7-1 specifies what is a public place and what is a private place:
ยง60-7-1. Legislative findings and purposes.
The Legislature of West Virginia, having carefully considered the provisions of section 46 of article VI of the constitution of this state and all of the matters giving rise to the enactment thereof and having further considered the operations of private clubs as defined in this article, hereby determines and finds that such private clubs are not saloons or other public places in which the sale and consumption of intoxicating liquors are required to be prohibited by the provisions of said section 46 of article VI of said constitution; but, to the contrary, are private places in which such sale and consumption of intoxicating liquors are constitutionally permitted and authorized.
Person submitting Fiscal Note: WVABCA General Counsel, Anoop Bhasin
Email Address: Anoop.k.Bhasin@wv.gov