FISCAL NOTE

Date Requested: February 04, 2016
Time Requested: 03:34 PM
Agency: Alcohol Beverage Control Administration
CBD Number: Version: Bill Number: Resolution Number:
1009 Introduced SB307
CBD Subject: Alcoholic Liquors and Beers


FUND(S):

General

Sources of Revenue:

General Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


There could very likely be an increase in state sales tax revenue which you should consult the WV State Tax Department. Further could be an increase in liquor, wine and beer sales and a corresponding increase in excise tax revenue for wine and beer. Again consult with the WV State Tax Department.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
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 0 0 0


Explanation of above estimates (including long-range effect):


It is difficult to provide a revenue estimate.



Memorandum


This bill attempts to grant a private club license to a mini-distillery only (it would not permit in-state distilleries to obtain a private club license)which could violate the Granholm case and its U.S. Supreme Court Decision, also the Dormant Commerce Clause and Federal and State Tied House laws. The bill adds, in the wrong code section, the authority for a distillery or mini-distillery to sell bottles of liquor from a private club it maintains a separate license for. This could violate federal and state law.



    Person submitting Fiscal Note: Anoop Bhasin, General Counsel on behalf of WVABCA
    Email Address: Anoop.K.Bhasin@wv.gov