SB 511 — Creating alternating wine proprietorships
Last action — Chapter 15, Acts, Regular Session, 2019
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 01, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
348 added · 318 removedPlain-language change summary
The updated version of SB 511 includes several important changes related to wine production and sales. It now allows wineries and farm wineries to operate under "alternating proprietorships," meaning they can share facilities and resources, which can significantly lower costs for new or smaller businesses. Additionally, the bill expands the ability of grocery stores to sell wine online and through mobile apps, and allows wineries to sell wine at festivals and charitable events, fostering more opportunities for sales and community engagement. This matters because these updates support local wine businesses, enhance consumer convenience, and potentially increase state revenue from wine sales.
NEWS RELEASES HELPFUL LINKS EnrolledSB511 VersionSUB1 - Final Version « Senate Bill 511 History OTHER VERSIONS — CommitteeEnrolled SubstituteVersion (1)- Final Version | Introduced Version | | Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 511 Senators Trump and Boso, original sponsors [Passed[Originating Marchin 7,the 2019;Committee on the Judiciary;
inReported effecton 90February days21, from2019] passage] ANA ACTBILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §60-1-5c;
Alternating Alternating wine proprietorships;
(a) Notwithstanding the provisions of §60-1-5 of this code, a licensed winery or farm winery may be a party to an alternating wine proprietorship agreement subject to the provisions of this section.section. As used in this section, “alternating wine proprietorship agreement” means an agreement between a licensed winery or farm winery and a farm entity which allows the farm entity to use the premises of the licensed farm winery to produce wine.
As used in this section, “alternating wine proprietorship agreement” means an agreement between a licensed winery or farm winery and a farm entity which allows the farm entity to use the premises of the licensed farm winery to produce wine.
§60-4-3b.§60-4-3b. Winery and farm winery license to manufacture and sell.
Winery(a) andSales farmof winerywine. license to manufacture and sell.
(a)— An operator of a winery or farm winery may offer wine produced by the winery, or farm winery, or a farm entity authorized by §60-1-5c of this code 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 §60-6-1 of this code, customers are prohibited from consuming any wine on the premises of the winery, or farm winery, or a farm entity authorized by §60-1-5c of this code unless such winery, or farm winery, or farm entity has obtained a multi-capacity winery or farm winery license:
(f)(b) EveryRetail licensedsales. winery or farm winery shall comply with the provisions of §60-3-1 et seq., §60-4-1 et seq., and §60-8-1 et seq.
— (f) Every licensed winery or farm winery shall comply with the provisions of §60-3-1 et seq., §60-4-1 et seq., and §60-8-1 et seq.
(c) (g)Payment (1)of The winery or farm winery shall pay all taxes and feesfees. required of licensed wine retailers and meet applicable licensing provisions as required by this chapter and by rules promulgated by the commissioner.
— (g) (1) 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 rules promulgated by the commissioner.
(h)(d) AAdvertising. winery or farm winery may advertise a particular brand or brands of wine produced by it and the price of the wine is subject to federal requirements or restrictions.
(i)— (h) A winery or farm winery mustmay maintainadvertise a separateparticular winerybrand or farmbrands wineryof supplier,wine retailer,produced andby directit shipperand licensesthe whenprice acting in one or more of thosethe capacitieswine andis mustsubject payto allfederal associatedrequirements license fees, unless such winery or farmrestrictions. winery holds a license issued pursuant to the provisions of §60-8-3(b)(12) of this code.
(e) (i) limitations on licensees.
— A winery or farm winery must maintain a 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 §60-8-3(b)(12) of this code.
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.license. Wineries or farm wineries may enter into alternating wine proprietorship agreements pursuant to §60-1-5c of this code.
Wineries(f)(j) orFor farmpurposes wineriesof maythis entersection, intoterms alternatingwill winehave proprietorshipthe agreementssame pursuantmeaning toas §60-1-5cprovided in §8-13-7 of this code.
(j) For purposes of this section, terms will have the same meaning as provided in §8-13-7 of this code.
(2) Two thousand 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 in this subdivision;
except 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 §60-8-2 of this code;
and each 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 in this subdivision;
and each 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 in this subdivision;
and each 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 in this subdivision;
and (12) Three hundred dollars per year for a multicapacity winery or farm winery license which shall enable enables 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 begins on July 1 of each year and end ends 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.
(h)(1) 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 for the license 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 section five-a, article one of this chapter, 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 required by the commissioner 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.
(3) A licensed winery or a farm winery, licensed under this subsection which has the festival or fair licensee’s written authorization and approval from the commissioner, may, in addition to or in conjunction with the festival and fair licensee, exhibit, conduct complimentary tastings, or sell samples not to exceed a reasonable serving of three, two-fluid ounce, and may sell wine samples tastings or samples per patron, for consumption on the premises during the operation of a festival or fair only;
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.
(4) A special festival or fair license may be issued other than to a winery or a farm winery, but may be issued to a “wine club” as defined herein below in this subdivision for a license fee of $250.
A licensee may not commence the sale of wine as provided in this subsection subdivision until the wine club has at least 50 dues-paying members who have been enrolled, and to whom membership cards have been issued.
A wine club licensed under the provisions of this subsection subdivision may sell wine only to its members, and in portions not to exceed eight ounces per serving.
A wine club licensee under the provisions of this subsection shall be authorized to subdivision may serve complimentary samples of wine in moderate quantities for tasting.
(5) A license licensed winery or farm winery approved to participate in a festival or fair issued under the provisions of this subsection section and the licensee holding the license, or the licensed winery or farm winery approved to attend a licensed festival or fair, shall be 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 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 §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 to those subsections.
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(6) A license issued under the provisions of this subsection section and the licensee holding the license is are not subject to the provisions of subsection (g) of this section.
The application for the special license shall contain information as the commissioner may reasonably require required by the commissioner 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.
provided that the The exterior of the area where wine sales may occur are must be 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.
(2) A license issued under this subsection and the licensee holding the license is are subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license:
(3) The commissioner has the authority to may propose rules for legislative approval promulgation in accordance with §29A-3-1 et seq.
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 the 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 rules promulgated by the commissioner for the purpose of consumption of said wine off 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 is subject to all restrictions set forth in §60-8-20 of this code.
(k) With respect to subsections (h), (i), (j), (o), and (p) of this section, the commissioner shall promulgate legislative propose rules for promulgation in accordance with the provisions of §29A-1-1 et seq.
of this code, with regard including, but not limited to, the form of the applications and the suitability of both the applicant and location of the licensed premises.premises and other legislative rules deemed necessary to carry the provisions of the subsections into effect.
(l) The commissioner shall promulgate legislative propose rules for promulgation in accordance with the provisions of §29A-1-1 et seq.
Each licensed restaurant so licensed shall be charged an additional $100 per year fee.
The wine specialty shop may serve up to three complimentary samples of wine, consisting of no more than one ounce two fluid ounces each, to any one consumer in one day.
The license application shall contain information as the commissioner may reasonably require 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 retailer, a distributor, winery, or a farm winery.winery. A licensed winery or farm winery which is authorized in writing by a representative of the duly organized, nonprofit corporation and association which has obtained the one-day license;
A licensed winery or farm winery which is authorized in writing by a representative of the duly organized, nonprofit corporation and association which has obtained the one-day license;
Under no circumstances may the provision provisions of §60-8-20(c) or §60-8-20(f) of this code be waived nor may any exception be granted with respect thereto to those subsections.subsections. No more than six licenses may be issued to any single licensee during any calendar year.
No more than six licenses may be issued to any single licensee during any calendar year.
The application for the special license shall contain information as required by 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.
These sales must take place within the confines of the college stadium:stadium: Provided, That the exterior of the area where wine sales may occur are must be 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.
Provided, That the exterior of the area where wine sales may occur must be 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.
(3) The commissioner may propose rules for legislative approval promulgation in accordance with §29A-3-1 et seq.seq., of this code to implement this subsection.
of this code to implement this subsection.
(e) To operate under this section a wine specialty shop must be in good standing with the commissioner, apply, qualify, pay the Class B license privilege fee, and obtain the permit for the Class B licensee privilege for wine at a designated parking area.area. The Class B license privilege permit is nonrefundable and a nonprorated annual fee is $250; (f) The licensee is subject to all requirements, penalties, and sanctions of this article.
The Class B license privilege permit is nonrefundable and a nonprorated annual fee is $250; (f) The licensee is subject to all requirements, penalties, and sanctions of this article.
(a) A A wine specialty shop with a current active license and in good standing with the commissioner may apply for the additional license privilege of delivering wine with a gift basket, to the purchaser or other person designated by the purchaser, as provided in this section.
(2) Shall ensure that all wine delivered is sealed in the original container and is clearly and conspicuously labeled with the words “CONTAINS ALCOHOL:ALCOHOL: SIGNATURE OF PERSON 21 OR OLDER REQUIRED FOR DELIVERY”; (3) Shall provide proof or records to the commissioner by filing monthly returns to the commissioner, on a form as prescribed by the commissioner, and the Tax Commissioner of all deliveries of wine which were purchased by and delivered to a person at least years of age in the wine specialty shop’s county of operation;
SIGNATURE OF PERSON 21 OR OLDER REQUIRED FOR DELIVERY”; (3) Shall provide proof or records to the commissioner by filing monthly returns to the commissioner, on a form as prescribed by the commissioner, and the Tax Commissioner of all deliveries of wine which were purchased by and delivered to a person at least years of age in the wine specialty shop’s county of operation;
of of this code to effectuate the purposes of this section.
(a) Upon receipt of the completed application, fee, and bond if required, the commissioner shall conduct such any investigation as he or she may deem considers necessary to determine the accuracy of the matters contained in the completed application.
(b) The commissioner shall refuse the license of any applicant if he or she finds that such applicant is not a suitable person, or that the place of business of such applicant is not a suitable place, or that such applicant has not complied with the provisions of this chapter.
which The refusal is final unless a hearing is requested in accordance with the provisions of §60-8-18 of this code.
When such refusal becomes final the commissioner shall forthwith immediately refund to the applicant his or her fees and bond accompanying said the application.
(c) Such The license shall expire expires on June 30 next following the date it was issued and may be renewed upon the same showing as required for the issuance of the initial license, together with the payment of fee and filing of any bond required by this article.
(d) (e) Such license shall not be transferred to another person, but the location of the premises to which the license relates may be changed with the written consent of the commissioner, if the new location is such as would satisfy satisfies the requirements of this article upon an initial application and payment of a new application fee.
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View plain text versions (3)
- Committee Substitute View text html
- Committee Substitute Enrolled Committee Substitute Current html
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Action History
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Chapter 15, Acts, Regular Session, 2019
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Approved by Governor 3/25/19
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To Governor 3/19/19
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Approved by Governor 3/25/19 - House Journal
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Approved by Governor 3/25/19 - Senate Journal
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To Governor 3/19/19 - House Journal
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To Governor 3/19/19 - Senate Journal
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House Message received
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Completed legislative action
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Communicated to Senate
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Passed House (Roll No. 534)
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Read 3rd time
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On 3rd reading, Special Calendar
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Read 2nd time
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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Do pass
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To House Government Organization
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To Government Organization
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Introduced in House
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Ordered to House
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Passed Senate (Roll No. 220)
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Read 3rd time
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On 3rd reading
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Read 2nd time
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On 2nd reading
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Read 1st time
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On 1st reading
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Committee substitute reported
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To Judiciary
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Introduced in Senate
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To Judiciary
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Filed for introduction
Sponsors
- Boso · Cosponsor
- Trump · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 150 not signed on · 3 voted No
Sponsors (1)
- Trump
Co-sponsors (1)
- Boso
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 67 | 4 | 0 | 0 |
| Republican | 21 | 3 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Total | 93 | 7 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Espinosa | — | Yea |
| Estep-Burton | — | Yea |
| Kessinger | — | Yea |
| Lavender-Bowe | — | Yea |
| Rowan | — | Yea |
| Rowe | — | Yea |
| Evans | — | Yea |
| Foster | — | Yea |
| Brown, N. | — | Yea |
| Brown, S. | — | Yea |
| Maynard | — | Yea |
| Sypolt | — | Yea |
| Thompson, C. | — | Yea |
| Hartman | — | Yea |
| Thompson, R. | — | Yea |
| Nelson | — | Yea |
| Tomblin | — | Yea |
| Walker | — | Yea |
| Phillips | — | Yea |
| Jeffries, J. | — | Yea |
| Bates | — | Yea |
| Bibby | — | Yea |
| Byrd | — | Yea |
| Cadle | — | Yea |
| Canestraro | — | Yea |
| Caputo | — | Yea |
| Graves | — | Yea |
| Hanna | — | Yea |
| Harshbarger | — | Yea |
| Hicks | — | Yea |
| Hill | — | Yea |
| Householder | — | Yea |
| Linville | — | Yea |
| Longstreth | — | Yea |
| Malcolm | — | Yea |
| Mandt | — | Yea |
| Pack | — | Yea |
| Paynter | — | Yea |
| Pethtel | — | Yea |
| Shott | — | Yea |
| Sponaugle | — | Yea |
| Storch | — | Yea |
| Swartzmiller | — | Yea |
| Waxman | — | Yea |
| Westfall | — | Yea |
| Wilson | — | Yea |
| Zukoff | — | Yea |
| Diserio | — | Yea |
| Doyle | — | Yea |
| Hollen | — | Nay |
| Kump | — | Nay |
| Porterfield | — | Nay |
| Robinson | — | Yea |
| Rodighiero | — | Yea |
| Angelucci | — | Yea |
| Atkinson | — | Yea |
| Boggs | — | Yea |
| Capito | — | Yea |
| Cowles | — | Yea |
| Fast | — | Nay |
| Fleischauer | — | Yea |
| Hamrick | — | Yea |
| Hardy | — | Yea |
| Higginbotham | — | Yea |
| Lovejoy | — | Yea |
| Miley | — | Yea |
| Pyles | — | Yea |
| Skaff | — | Yea |
| Staggers | — | Yea |
| Steele | — | Yea |
| Summers | — | Yea |
| Evan Hansen | Democrat | Yea |
| John Williams | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Ben Queen | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Carl Martin | Republican | Yea |
| Christopher W. Toney | Republican | Nay |
| D. Rolland Jennings | Republican | Yea |
| Dean Jeffries | Republican | Nay |
| Evan Worrell | Republican | Nay |
| Gary G. Howell | Republican | Yea |
| George Miller | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jim Butler | Republican | Yea |
| Joe Ellington | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Mark Dean | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Mike Azinger | Republican | Yea |
| Pat McGeehan | Republican | Yea |
| Patrick Martin | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Vernon Criss | Republican | Yea |
| William Anderson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 31 | 1 | 0 | 0 |
| Total | 33 | 1 | 0 | 0 |
| % of votes cast | 97% | 3% | 0% | 0% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| JEFFRIES | — | Yea |
| SMITH | — | Yea |
| BALDWIN | — | Yea |
| LINDSAY | — | Yea |
| STOLLINGS | — | Yea |
| BEACH | — | Yea |
| MANN | — | Yea |
| SWOPE | — | Yea |
| BLAIR | — | Yea |
| MARONEY | — | Yea |
| SYPOLT | — | Yea |
| BOLEY | — | Yea |
| MAYNARD | — | Yea |
| TAKUBO | — | Yea |
| BOSO | — | Yea |
| PALUMBO | — | Yea |
| TARR | — | Yea |
| PLYMALE | — | Yea |
| TRUMP | — | Yea |
| CLINE | — | Yea |
| PREZIOSO | — | Yea |
| UNGER | — | Yea |
| FACEMIRE | — | Yea |
| ROBERTS | — | Nay |
| WELD | — | Yea |
| HAMILTON | — | Yea |
| ROMANO | — | Yea |
| WOELFEL | — | Yea |
| HARDESTY | — | Yea |
| RUCKER | — | Yea |
| MR PRESIDENT | — | Yea |
| IHLENFELD | — | Yea |
| Charles H. Clements | Republican | Yea |
| Mike Azinger | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 511?
- SB 511 is sponsored by Boso and Trump.
- What is the current status of SB 511?
- This bill has been enacted into law. Introduced February 01, 2019. Enacted.
- Where can I track SB 511?
- Track SB 511 free on One Click Politics — get push/email alerts when it moves.
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