Bill Text: WV HB2916 | 2020 | Regular Session | Introduced
Bill Title: Expanding the ability of hard cider manufactures to produce hard cider in this state
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Introduced - Dead) 2020-01-08 - To House Judiciary [HB2916 Detail]
Download: West_Virginia-2020-HB2916-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Bill 2916
By Delegates Sponaugle, Barrett, Householder, Criss, Bates, Ellington, Pushkin, Skaff, Miley, Caputo and S. Brown
[Introduced February 8, 2019;
Referred
to the Committee on the Judiciary then Finance.]
A BILL to amend and reenact §60-8-2, §60-8-3, and §60-8-16 of the Code of West Virginia, 1931, as amended; and to add thereto a new section designated §60-8-4a, all relating to expanding the ability of hard cider manufactures to produce hard cider in this state; eliminating the requirement of a private wine restaurant to serve meals or food with the sale of wine; establishing a new tax classification for hard cider as a type of wine manufactured in this state; permitting federal tax credits to apply to the state tax for those producers who qualify; creating a fund for tax deposits; requiring reports to the Tax Commissioner; permitting a wine manufacturer to serve full pours of wine at festivals for which it is properly licensed; permitting any person or legal business entity to apply for a permit to sell wine in this state; permitting a United States resident, a permanent resident alien, or any other lawful person or entity permitted to conduct business in the United States apply for a license to sell wine in this state; and removing all resident requirements to apply for a permit to sell wine in this state.
Be it enacted by the Legislature of West Virginia:
article 8. sale of wines.
§60-8-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
“Commissioner” or “commission” means the West Virginia Alcohol Beverage Control Commissioner.
“Distributor” means any person whose principal place of business is within the State of West Virginia who makes purchases from a supplier to sell or distribute wine to retailers, grocery stores, private wine bed and breakfasts, private wine restaurants, private wine spas, private clubs or wine specialty shops and that sells or distributes nonfortified dessert wine, port, sherry and Madeira wines to wine specialty shops, private wine restaurants, private clubs or retailers under authority of this article and maintains a warehouse in this state for the distribution of wine. For the purpose of a distributor only, the term “person” means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of this article, notwithstanding the liability of trustees in article ten, chapter forty-four-d of this code.
“Fortified wine” means any wine to which brandy or other alcohol has been added and shall include dessert wines which are not fortified having an alcohol content by volume of at least 14 and one-tenths percent and not exceeding 16 percent.
“Grocery store” means any retail establishment, commonly known as a grocery store, supermarket, delicatessen, caterer or party supply store, where food, food products and supplies for the table are sold for consumption off the premises with average monthly sales (exclusive of sales of wine) of not less than $500 and an average monthly inventory (exclusive of inventory of wine) of not less than $3,000. The term “grocery store” shall also include and mean a separate and segregated portion of any other retail store which is dedicated solely to the sale of food, food products and supplies for the table for consumption off the premises with average monthly sales with respect to such separate or segregated portion (exclusive of sales of wine) of not less than $3,000 and an average monthly inventory (exclusive of inventory of wine) of not less than $3,000.
“Licensee” means the holder of a license granted under the provisions of this article.
“Person” means and includes an individual, firm, partnership, limited partnership, limited liability company, association or corporation.
“Private wine bed and breakfast” means any business with the sole purpose of providing, in a residential or country setting, a hotel, motel, inn or other such establishment properly zoned as to its municipality or local ordinances, lodging and meals to its customers in the course of their stay at the establishment, which business also: (1) Is a partnership, limited partnership, corporation, unincorporated association or other business entity which as part of its general business purpose provides meals on its premises to its members and their guests; (2) is licensed under the provisions of this article as to all of its premises or as to a separate segregated portion of its premises to serve wine to its members and their guests when such sale accompanies the serving of food or meals; and (3) admits only duly elected and approved dues-paying members and their guests while in the company of a member and does not admit the general public.
“Private wine restaurant” means a restaurant which:
(1) Is a partnership, limited partnership, corporation, unincorporated
association or other business entity which has as its principal purpose the business
of serving meals or drinks on its premises to its members and their
guests; (2) is licensed under the provisions of this article as to all of its
premises or as to a separate segregated portion of its premises to serve wine
to its members and their guests; when such sale accompanies the serving of
food or meals (3) admits only duly elected and approved dues-paying members
and their guests while in the company of a member and does not admit the
general public. Such private clubs that meet the private wine restaurant
requirements numbered (1), (2) and (3) in this definition shall be considered
private wine restaurants.
“Private wine spa” means any business with the sole
purpose of providing commercial facilities devoted especially to health,
fitness, weight loss, beauty, therapeutic services and relaxation, and may be
also a licensed massage parlor or a salon with licensed beauticians or
stylists, which business also: (1) Is a partnership, limited partnership,
corporation, unincorporated association or other business entity which as part
of its general business purpose provides meals on its premises to its members
and their guests; (2) is licensed under the provisions of this article as to
all of its premises or as to a separate segregated portion of its premises to
serve up to two glasses of wine to its members and their guests; when such
sale accompanies the serving of food or meals and (3) admits only duly
elected and approved dues-paying members and their guests while in the company
of a member, and does not admit the general public.
“Retailer” means any person licensed to sell wine at retail to the public at his or her established place of business for off-premises consumption and who is licensed to do so under authority of this article.
“Supplier” means any manufacturer, producer, processor, winery, farm winery, national distributor or other supplier of wine who sells or offers to sell or solicits or negotiates the sale of wine to any licensed West Virginia distributor.
“Tax” includes within its meaning interest, additions to tax and penalties.
“Taxpayer” means any person liable for any tax, interest, additions to tax or penalty under the provisions of this article and any person claiming a refund of tax.
“Varietal wine” means any wine labeled according to the grape variety from which such wine is made.
“Vintage wine” or “vintage-dated wine” means wines from which the grapes used to produce such wine are harvested during a particular year or wines produced from the grapes of a particular harvest in a particular region of production.
“Wine” means any alcoholic beverage obtained by the natural fermentation of the natural content of grapes, other fruits or honey or other agricultural products containing sugar and to which no alcohol has been added and shall include table wine, and shall exclude fortified wine and shall also exclude any product defined as or embraced within the definition of nonintoxicating beer under the provisions of §11-16-1 et seq of this code.
“Wine specialty shop” means a retailer who shall deal principally in the sale of table wine, nonfortified dessert wines, wine accessories and food or foodstuffs normally associated with wine and: (1) Who shall maintain a representative number of such wines for sale in his or her inventory which are designated by label as varietal wine, vintage, generic and/or according to region of production and the inventory shall contain not less than fifteen percent vintage or vintage-dated wine by actual bottle count; and (2) who, any other provisions of this code to the contrary notwithstanding, may maintain an inventory of port, sherry and Madeira wines having an alcoholic content of not more than 22 percent alcohol by volume and which have been matured in wooden barrels or casks.
§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 a person continue to engage in any 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 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 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 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 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 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 §11-16-1 et seq of this code: Provided, That a delicatessen, a caterer or party supply store which is a grocery store as defined in 60-8-2 of this code 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 capacities must maintain average monthly sales exclusive of sales of wine and nonintoxicating beer which exceed the average monthly sales of nonintoxicating beer.
(f) A wine specialty shop
under this article may also hold a wine tasting license authorizing 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 50 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 10 consecutive days 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 §60-1-5a of this code, in which event the
fee shall be $50 if the event is held on the premises of the winery or farm
winery. The application for the license shall contain information as the
commissioner may reasonably require and shall be submitted to the commissioner
at least 30 days prior to the first day when wine is to be sold at the festival
or fair. A winery or a farm winery licensed under this subsection may exhibit,
conduct tastings or sell samples, not to exceed a reasonable serving of
three ounces in any increment up to eight ounces per serving, and
may sell wine samples for consumption on the premises during the operation of a
festival or fair: Provided, That for licensed wineries or farm wineries
at a licensed festival or fair the tastings, samples and off-premises sales
shall occur under the hours of operation as required in this article, except
that on Sunday tastings, samples and off-premises sales are unlawful between
the hours of 2:00 a. m. and 10:00 a. m. 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 50 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. The 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 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 the license shall be 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, regulation or order provide for certain waivers or exceptions with respect to the provisions, rules, regulations or orders as the circumstances of each 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 §60-8-27 and §60-8-28 of this code: Provided, however, That under no circumstances shall the provisions of §60-8-20(c) or §60-8-20(d) of this code be waived nor shall any exception be granted with respect thereto.
A license issued under the provisions of this subsection and the licensee holding the license is not 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 30 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 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 §60-8-27 and §60-8-28 of this code: Provided, however, That under no circumstances may §60-8-20(c) or §60-8-20(d) of this code 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 §29A-3-1 et seq 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 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 21
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, however, 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 21 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 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 §60-8-20
of this code. A private wine restaurant may also be licensed as a Class A
retail dealer in nonintoxicating beer as provided by §11-16-1 et seq 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 29A of this code with regard to the form of the applications, the suitability of both the applicant and location of the licensed premises and other legislative rules deemed necessary to carry the provisions of the subsections into effect.
(l) The commissioner shall promulgate legislative rules in accordance with the provisions of chapter 29A 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: Provided, That a private wine restaurant is not required to serve meals to sell or serve wine on its premises to its members or members guests.
(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 §17-22-7 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 21 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 21 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 30 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 §60-8-20(c) of this code 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 30 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 §60-8-20(c) of this code be waived nor may any exception be granted with respect thereto. The commissioner shall propose rules for legislative approval in accordance with §29A-3-1 et seq of this code to implement the provisions of this subsection.
(r)(1) The commissioner may issue a special license for the retail sale of wine in a college stadium. A license to sell wine granted pursuant to this subsection entitles the licensee to sell and serve wine for consumption in a college stadium. For the purpose of this subsection, “college stadium” means a facility constructed primarily for the use of a Division I college that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer or other Division I sports stadium. A special license issued pursuant to this subsection shall be for a term beginning on the date of its 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 30 days prior to the first day when wine is to be sold. The special license may be issued in the name of the National Collegiate Athletic Association Division I college or university or the name of the primary food and beverage vendor under contract with that college or university. These sales must take place within the confines of the college 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 college or university's express permission, and under the conditions and restrictions established by the college or university, so that the wine sales area is closed to free and unrestricted entry by the general public.
(2) A license issued under this subsection and the licensee are subject to the other requirements 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 the college 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 §60-8-27 and §60-8-28 of this code: Provided, however, That under no circumstances may §60-8-20(c) or §60-8-20(d) of this code be waived nor shall any exception be granted concerning those subsections.
(3) The commissioner may propose rules for legislative approval in accordance with §29A-3-1 et seq of this code to implement this subsection.
§60-8-4a. Liter tax for hard cider; fund; reports to Tax Commissioner.
(a) For purposes of this section, “hard cider” means a wine derived primarily from apples or pears which contains not more than 50 percent fruit product or fruit flavoring other than apple or pear, and which contains between one-half of one percent and eight and five tenths percent alcohol by volume.
(b) Hard cider, as defined in this section, shall have a tax levied and imposed on all hard cider sold in West Virginia after July 1, 2019, by suppliers to distributors, a tax of 22 and six hundredths cents per gallon: Provided, That producers eligible for federal tax credits in 26 U.S.C. 5041(c)(1) shall be eligible for such credits in this state.
(c) All taxes for hard cider collected pursuant to this section shall be deposited in a fund called the Hard Cider Excise Tax Fund. The Alcohol Beverage Control Commissioner shall request the State Treasurer to create said fund, which the Treasurer may not deny such request. The Treasurer shall transfer amounts in the fund exceeding $200,000 at the end of each fiscal year to the state’s General Revenue Fund.
(d) Before the 16th day of each month thereafter, every supplier, distributor and direct shipper shall make a written report under oath to the Tax Commissioner and the Commissioner of Alcohol and Beverage Control showing the identity of the purchaser, the quantity, label and alcoholic content of wine sold by the supplier to West Virginia distributors or the direct shipper to West Virginia adult residents during the preceding month and at the same time shall pay the tax imposed by this article on the wine sold to the distributor or the West Virginia adult residents during the preceding month to the Tax Commissioner.
The reports shall contain other information and be in the form the Tax Commissioner may require. For purposes of this article, the reports required by this section shall be considered tax returns covered by the provisions of §11-10-1 et seq of this code. Failure to timely file the tax returns within five calendar days of the 16th day of each month will also subject a supplier, distributor and direct shipper to penalties under §60-4-18 of this code.
No hard cider imported, sold or distributed in this state or sold and shipped to this state by a direct shipper shall be subject to more than one liter tax.
§60-8-16. Application for license.
(a) Any person desiring a license under this article shall file a written application for a license with the commissioner and in the application shall state under oath:
(1) The name of the
applicant, including his or her trade name if any, and his or her address, and
and the length of his or her residence within this state the applicant
may be an individual, firm, association, partnership, limited partnership,
limited liability company or corporation, or any other lawful business entity;
(2) The address of the place of business for which the license is desired, or other description that definitely locates it; and that the place of business conforms to all health and fire laws and regulations applicable thereto;
(3) The name of the owner of the premises upon which the business is to be conducted and, if the owner is not the applicant, that such applicant is the bona fide lessee of the business;
(4) If the application is for a retailer's license, that the applicant is the proprietor or owner of a bona fide grocery store, private wine bed and breakfast, private wine restaurant, private wine spa or wine specialty shop;
(5) That the applicant intends to carry on the business authorized by the license for himself or herself or under his or her immediate supervision or direction;
(6) That the applicant is a citizen of the United States, a lawful permanent resident of the United States, or is otherwise authorized to conduct business in this state;
(7) That the applicant
is an actual bona fide resident of the State of West Virginia, except for those
applicants applying for a supplier's license or a direct shipper's license
(8)(7) That the
applicant is not less than 18 years of age;
(9)(8) That the
applicant has not been convicted of a felony or other crime involving moral
turpitude within the three years next preceding the filing of the application;
and that he or she has not, within the two years next preceding the filing of
the application, been convicted of violating the liquor laws of any state or of
the United States;
(10)(9) That the
applicant has not during the five years next preceding the date of said
application had any license revoked under this chapter or under the liquor laws
of any other state; and
(11) If the applicant is
a firm, association, partnership, limited partnership, limited liability
company or corporation, the application shall state the matters required in
subdivisions (6), (7), (8), (9) and (10), with respect to each of the members
thereof, and each of said members must meet all the requirements in said
subdivisions;
(12) If the applicant is
a corporation, organized or authorized to do business in this state, the
application shall state the matters required in subdivisions (6), (7), (8), (9)
and (10), with respect to each of the officers and directors thereof, and any
stockholder owning twenty percent or more of the stock of such corporation and
the persons who conduct and manage the licensed premises for the corporation.
Each of said individuals must meet all the requirements provided in those
subdivisions except that the requirements as to citizenship and residence shall
not apply to the officers, directors and stockholders of a corporation applying
for a retailer's license; and
(13)(10) If the
applicant is a trust or has a trust as an owner, the trustees or other persons
in active control of the activities of the trust relating to the license shall
provide a certification of trust as described in §44D-10-1013 of this code.
This certification of trust shall include the excerpts described in §44D-10-1013
(e) of this code and shall further state, under oath, the names, addresses,
Social Security numbers and birth dates of the beneficiaries of the trust and
certify that the trustee and beneficiaries are 21 years of age or older. If a
beneficiary is not 21 years of age, the certification of trust must state that
the beneficiary's interest in the trust is represented by a trustee, parent or
legal guardian who is 21 years of age and who will direct all actions on behalf
of the beneficiary related to the trust with respect to the distributor until
the beneficiary is 21 years of age. Any beneficiary who is not 21 years of age
or older shall have his or her trustee, parent or legal guardian include in the
certification of trust and state under oath his or her name, address, social
security number and birth date.
(14)(11) Any
other information that the commissioner may reasonably require.
The foregoing statements required in an application are mandatory prerequisites for the issuance of a license.
The application must be verified by the owner, or in the case of a firm, partnership, limited partnership, limited liability company, association or trust, the members, officers, trustees or other persons in active control of the activities of the limited liability company, association or trust relating to the license. The application of a corporation applying for a retailer's license need be verified only by its president or vice president.
(b) In the case of an applicant that is a trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the commissioner pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act codified in §29B-1-1 et seq of this code.
NOTE: The purpose of this bill is to expand the ability of hard cider manufactures to produce hard cider in this state; eliminate the requirement of a private wine restaurant to serve meals or food with the sale of wine; establish a new tax classification for hard cider as a type of wine manufactured in this state; permit federal tax credits to apply to the state tax for those producers who qualify; create a fund for tax deposits; require reports to the Tax Commissioner; permit a wine manufacturer to serve full pours of wine at festivals for which it is properly licensed; permit any person or legal business entity to apply for a permit to sell wine in this state; permit a United States resident, a permanent resident alien, or any other lawful person or entity permitted to conduct business in the United States to apply for a license to sell wine in this state; and remove all resident requirements to apply for a permit to sell wine in this state.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
