Bill Text: WV SB374 | 2016 | Regular Session | Introduced
Bill Title: Permitting farm winery supply wine it produces directly to customers
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-25 - To Judiciary [SB374 Detail]
Download: West_Virginia-2016-SB374-Introduced.html
WEST virginia Legislature
2016 regular session
Introduced
Senate Bill 374
By Senators Ashley, Boso, Facemire, Gaunch, Hall, Leonhardt, Romano, Takubo, Trump, Walters Stollings, Plymale, Blair, Palumbo, Williams and Miller
[Introduced January
25, 2016;
Referred to the Committee on the Judiciary.]
A BILL to amend and reenact §̀60-4-3b of the Code of West Virginia, 1931, as amended, relating to permitting farm winery to supply wine it produces directly to customers if the customer is purchasing wine for resale purposes and the customer is a licensed carry-out, nonintoxicating beer retailer or wine specialty shop located in a dry county.
Be it enacted by the Legislature of West Virginia:
That §60-4-3b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. LICENSES.
§60-4-3b. Winery and farm winery license to manufacture and sell.
(a) Sales of wine. -- An operator of a winery or farm winery may offer wine produced by the winery or farm winery for retail sale to customers from the winery or farm winery for consumption off the premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited from consuming any wine on the premises of the winery or farm winery, unless such winery or farm winery has obtained a multicapacity winery or farm winery license.
(b) Retail sales. -- Every licensed winery or farm winery shall comply with the provisions of articles three, four and eight of this chapter as applicable to wine retailers, wineries and suppliers when properly licensed in such capacities, except as set forth in subsection (c) of this section.
(c) Nonretail sales. -- An operator of a farm winery may supply wine produced by the farm winery directly to customers if the customer is purchasing wine for resale purposes and the customer is a licensed carry-out nonintoxicating beer retailer or wine specialty shop located in a dry county.
(c) (d) Payment of taxes and fees. -- The winery or farm winery shall pay all taxes and
fees required of licensed wine retailers and meet applicable licensing
provisions as required by this chapter and by rule of the commissioner. Each
winery or farm winery acting as its own supplier shall submit to the Tax
Commissioner the liter tax for all sales at the winery or farm winery each
month, as provided in article eight of this chapter.
(d) (e) Advertising. -- A winery or farm
winery may advertise a particular brand or brands of wine produced by it, and
the price of the wine subject to federal requirements or restrictions.
(e) (f) Limitations on licensees. -- A
winery or farm winery must maintain separate winery or farm winery supplier,
retailer and direct shipper licenses when acting in one or more of those
capacities, and must pay all associated license fees, unless such winery or
farm winery holds a license issued pursuant to the provisions of subdivision
(12), subsection (b), section three, article eight of this chapter. A winery or
farm winery, if holding the appropriate licenses or a multicapacity winery or
farm winery license, may act as its own supplier; retailer for off-premises
consumption of its wine as specified in section two, article six of this
chapter; private wine restaurant; and direct shipper for wine produced by the
winery or farm winery. All wineries must use a distributor to distribute and
sell their wine in the state, except for farm wineries. No more than one winery
or farm winery license may be issued to a single person or entity, and no
person may hold both a winery and a farm winery license.
(g) Notwithstanding any other provision of this code to the contrary and subject to the provisions of this section, a farm winery may produce and supply wine it produces in all counties in West Virginia, even if those counties are otherwise considered to be dry counties.
(h) Notwithstanding any other provision of this code to the contrary, a licensed carry out nonintoxicating beer retailer or wine specialty shop located in a dry county may purchase and sell wine produced by a farm winery and may obtain wine for resale by purchasing wine directly from the farm winery as set forth in subsections (c) and (g) of this section.
NOTE: The purpose of this bill is to permit a farm winery to supply wine it produces directly to customers if the customer is purchasing wine for resale purposes and the customer is a licensed carry-out nonintoxicating beer retailer or wine specialty shop located in a dry county.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
