Senate Bill No. 555
(By Senators Minard, Stollings and D. Facemire)
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[Introduced March 12, 2009; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §60-6-1 and §60-6-6 of the Code of West
Virginia, 1931, as amended, all relating to state control of
alcoholic liquors; and allowing owners of warehouses which are
customs bonded warehouses or such other warehouses which are
approved by the Alcohol Beverage Control Commissioner to store
and transport into, out of and within the state alcoholic
liquors, wine, beer or nonintoxicating beer not held or
intended for retail or use within the state.
Be it enacted by the Legislature of West Virginia:
That §60-6-1 and §60-6-6 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-1. When lawful to possess, use or serve alcoholic liquors.
The provisions of this chapter may not prevent:
(1) A person from keeping and possessing alcoholic liquors in
his or her residence for the personal use of himself or herself,
his or her family, his or her employee or his or her guests if the alcoholic liquors have been lawfully acquired by him or her;
(2) A person, his or her family, or employee from giving or
serving such alcoholic liquors to guests in the residence, when the
gift or service is not for the purpose of evading the provisions of
this chapter;
(3) The holder of a winery or a farm winery license from
serving complimentary samples of its wine in moderate quantities
for tasting on the winery or the farm winery premises; and
(4) The holder of a distillery or a mini-distillery license
from serving complimentary samples of its alcoholic liquor in
moderate quantities for tasting on the distillery or the
mini-distillery premises.
(5) Any owner of a warehouse which is approved as a customs
bonded warehouse under the provisions of Title 19, U.S.C. §1555, or
who has first obtained written approval from the commissioner, to
use the warehouse as a place for storage and not for sale or use
within the state of alcoholic liquors, wine, beer or
nonintoxicating beer being stored in the warehouse when not for the
purpose of evading the provisions of this chapter.
§60-6-6. Transporting alcoholic liquor in excess of ten gallons.
The provisions of this chapter shall not prevent a person from
bringing into or transporting in this state, in his
or her
possession or in his
or her baggage, and not for resale, alcoholic
liquor in a quantity not to exceed ten gallons:
Provided, That
upon written permission of the commissioner, quantities of
alcoholic liquor in excess of ten gallons may be transported within this state:
Provided, however, That an owner of a warehouse which
is approved as a customs bonded warehouse under the provisions of
Title 19, U.S.C. §1555, or who has first obtained written approval
from the commissioner, as provided in section one of this article,
may transport into the state to the warehouse and out of the state
from the warehouse, or from the warehouse to a lawful purchaser
under the provisions of this chapter, any quantity of alcoholic
liquors, wine, beer or nonintoxicating beer.
NOTE: The purpose of this bill is to allow owners of
warehouses which are customs bonded warehouses or such other
warehouses which are approved by the Alcohol Beverage Control
Commissioner to store and transport into, out of and within the
state alcoholic liquors, wine, beer or nonintoxicating beer not
held or intended for retail or use within the state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.