West Virginia 2020 Regular Session Status: Enacted 1 D cosponsors

HB 4697 — Removing the restriction that a mini-distillery use raw agricultural products originating on the same premises

Last action — Chapter 9, Acts, Regular Session, 2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 05, 2020. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 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

294 added · 12 removed

Plain-language change summary

The recent amendments to HB 4697 primarily redefine what constitutes a "mini-distillery," increasing the maximum production limit from 20,000 gallons to 50,000 gallons per year. Additionally, the updated bill establishes specific licensing fees for micro-distilleries and categorizes them similarly to other distilleries, which helps clarify regulations. These changes are significant because they support local distilleries by allowing them greater production capacities and clearer guidance on operational requirements, ultimately promoting the growth of the industry in West Virginia.

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HB4697 SFA #1 Trump 3-6 Smith  7883   Senator Trump moved to amend the amendment on page one, section five-b, by striking out the words “Provided, however, That a distillery licensed and operating as of the effective date of this section that applies for designation by the Commissioner as a mini-distillery is eligible to be licensed as a mini-distillery without compliance with the requirements for the percentage use of on-premises grown and in-state raw agricultural products”.
HB 4697 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
      Adopted Rejected
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 4697 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 4697 By Delegates Pushkin, Foster, Skaff, Howell, Pyles and Westfall [Passed March 7, 2020;
in effect ninety days from passage.]   AN ACT to amend and reenact §60-1-5b of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §60-1-5d;
to amend and reenact §60-4-3, §60-4-3a, and §60-4-15 of said code;
and to amend and reenact §60-6-1 and §60-6-2 of said code, all relating to distilleries generally and micro-distilleries particularly;
defining micro-distillery;
establishing a production limit for a micro-distillery;
establishing limits on sales of alcoholic liquors manufactured by a micro-distillery;
establishing a license fee for micro-distilleries;
subjecting micro-distilleries to the same requirements and restrictions applicable to distilleries and mini-distilleries;
and correcting an incorrect gallonage limit for mini-distilleries.
Be it enacted by the Legislature of West Virginia:
Chapter 60.
state control of alcoholic liquors.
ARTICLE 1.
GENERAL PROVISIONS.
§60-1-5b.
Mini-distilleries defined.
For the purpose of this chapter:
“Mini-distillery” means an establishment where in any year no more than 50,000 gallons of alcoholic liquor is manufactured with no less than 25% of raw agricultural products being produced by the owner of the mini-distillery on the premises of that establishment, and no more than 25% of raw agricultural products originating from any source outside this state:
Provided, That the maximum allotted production amounts shall not exceed the annual incremental production limitations provided for pursuant to section three-a of this article.
§60-1-5d Micro-distilleries defined.
For the purposes of Chapter 60 of this code “Micro-distillery” means an establishment where in any one year no more than 10,000 gallons of alcoholic liquor is manufactured and no more than 25% of raw agricultural products used in production may originate from outside this state is used in distillation.
§60-4-3.
To whom licensed manufacturer may sell.
A person who is licensed to manufacture alcoholic liquors in this state may sell liquors in this state only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter:
Provided, That a holder of a winery or a farm winery license may sell wines and a holder of a distillery, mini-distillery, or micro-distillery license may sell alcoholic liquors manufactured by it in this state in accordance with the provisions of §60-6-2 of this code.
Hours of retail sale by a winery or a farm winery or distillery, mini-distillery or micro-distillery are subject to regulation by the commissioner.
A winery, distillery, farm winery, or mini-distillery may sell and ship alcoholic liquors outside of the state subject to provisions of this chapter.
§60-4-3a.
Distillery and mini-distillery license to manufacture and sell.
(a) Sales of liquor.
— An operator of a distillery, mini-distillery, or micro-distillery may offer liquor for retail sale to customers from the distillery, mini-distillery, or micro-distillery for consumption off premises only.
Except for free complimentary samples offered pursuant to §60-6-1 of this code, customers are prohibited from consuming any liquor on the premises of the distillery, mini-distillery, or micro-distillery:
Provided, That a licensed distillery, mini-distillery, or micro-distillery may offer complimentary samples per this subsection of alcoholic liquors manufactured by that licensed distillery, mini-distillery, or micro-distillery for consumption on the premises only on Sundays beginning at 10:00 a.m.
in any county in which the same has been approved as provided for in §7-1-3pp of this code.
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(b) Retail sales.
— Every licensed distillery, mini-distillery, or micro-distillery shall comply with the provisions of sections nine, eleven, thirteen, sixteen, seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-four, twenty-five and twenty-six, article three-a of this chapter and the provisions of articles three and four of this chapter applicable to liquor retailers and distillers.
(c) Payment of taxes and fees.
— The distillery, mini-distillery, or micro-distillery shall pay all taxes and fees required of licensed retailers and meet applicable licensing provisions as required by this chapter and by rule of the commissioner, except for payments of the wholesale markup percentage and the handling fee provided by rule of the commissioner:
Provided, That all liquor for sale to customers from the distillery, mini-distillery, or micro-distillery for off-premises consumption shall be subject of a five percent wholesale markup fee and an 80 cents per case bailment fee to be paid to the commissioner:
Provided, however, That no liquor sold by the distillery, mini-distillery, or micro-distillery shall be priced less than the price set by the commissioner pursuant §60-3A-17 of this code.
(d) Payments to market zone retailers.
— Each distillery, mini-distillery, or micro-distillery shall submit to the commissioner two percent of the gross sales price of each retail liquor sale for the value of all sales at the distillery, mini-distillery, or micro-distillery each month.
This collection shall be distributed by the commissioner, at least quarterly, to each market zone retailer located in the distillery, mini-distillery, or micro-distillery’s market zone, proportionate to each market zone retailer’s annual gross prior years pretax value sales.
The maximum amount of market zone payments that a distillery, mini-distillery, or micro-distillery shall be required to submit to the commissioner is $15,000 per annum.
(e) Limitations on licensees.
— No distillery, mini-distillery, or micro-distillery may sell more than 3,000 gallons of product at the distillery, mini-distillery, or micro-distillery location the initial two years of licensure.
The distillery, mini-distillery, or micro-distillery may increase sales at the distillery, mini-distillery, micro-distillery location by 2,000 gallons following the initial 24 month period of licensure and may increase sales at the distillery, mini-distillery, or micro-distillery location each subsequent 24 month period by 2,000 gallons, not to exceed 10,000 gallons a year of total sales at the distillery, mini-distillery, or micro-distillery location.
No licensed mini-distillery may produce more than 50,000 gallons per calendar year at the mini-distillery location.
No licensed micro-distillery may produce more than 10,000 gallons per calendar year at the micro-distillery location.
No more than one distillery or mini-distillery license may be issued to a single person or entity and no person may hold both a distillery and a mini-distillery license.
§60-4-15.
Amount of license fees.
A person to whom a license is issued under the provisions of this chapter shall pay annually to the commissioner a license fee as follows, for:
(1) Distilleries, $1,500;
(2) Wineries, $1,500;
(3) Breweries, $1,500;
(4) Bottling plants, $100;
(5) Wholesale druggists, $50;
(6) Institutions, $10;
(7) Industrial use, $50;
(8) Industrial plants producing alcohol, $250;
(9) Retail druggists, $10;
(10) Farm wineries, $50;
(11) Mini-distilleries, $50;
(12) Micro-distillers, $750.
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, mini-distillery, or a micro-distillery license from serving complimentary samples of its alcoholic liquor in moderate quantities for tasting on the distillery, mini-distillery, or micro-distillery premises.
§60-6-2.
When lawful to manufacture and sell wine and cider.
The provisions of this chapter may not prevent:
(1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by §60-6-1 of this code.
(2) A person from manufacturing and selling unfermented cider;
(3) A person from manufacturing and selling cider made from apples produced by him or her within this state to persons holding distillery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;
(4) A person from manufacturing and selling wine made from fruit produced by him or her within this state to persons holding winery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;
(5) The holder of a winery or a farm winery license from selling wine for off-premises consumption sold at retail at the winery or the farm winery, as provided in §60-3B-4 of this code, or for any other person who is licensed under this chapter to sell wine as a wine supplier or distributor;
and (6) The holder of a distillery, mini-distillery, or micro-distillery license from selling alcoholic liquor for off-premises consumption sold at retail at the distillery, mini-distillery, or micro-distillery, as provided in §60-3A-4 of this code.
The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
    ...............................................................
        Chairman, House Committee                          ...............................................................
                             Chairman, Senate Committee                                                       Originating in the House.
  In effect ninety days from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                   Clerk of the Senate                                         ...............................................................
                                                   Speaker of the House of Delegates                                                                 ...............................................................
                                                                                     President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2020.
                                                    .............................................................
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Action History

  1. Chapter 9, Acts, Regular Session, 2020

  2. Approved by Governor 3/25/20

  3. To Governor 3/19/20

  4. Approved by Governor 3/25/20 - House Journal

  5. Approved by Governor 3/25/20 - Senate Journal

  6. To Governor 3/19/20 - House Journal

  7. To Governor 3/19/20 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 781)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 563)

  15. Read 3rd time

  16. Committee amendment as amended adopted (Voice vote)

  17. Amendment to committee amendment adopted (Voice vote)

  18. On 3rd reading with right to amend, amendment pending

  19. Committee Amendment Reported

  20. Read 2nd time

  21. On 2nd reading

  22. Read 1st time

  23. Immediate consideration

  24. Reported do pass, with amendment and title amendment

  25. To Judiciary

  26. To Judiciary

  27. Introduced in Senate

  28. Communicated to Senate

  29. Passed House (Roll No. 258)

  30. Read 3rd time

  31. On 3rd reading, Special Calendar

  32. Read 2nd time

  33. On 2nd reading, Special Calendar

  34. Read 1st time

  35. On 1st reading, Special Calendar

  36. Do pass

  37. To House Judiciary

  38. Introduced in House

  39. To Judiciary

  40. Filed for introduction

Sponsors

  • Mike Pushkin · Primary
  • Foster · Cosponsor
  • Skaff · Cosponsor
  • Howell · Cosponsor
  • Pyles · Cosponsor
  • Westfall · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 146 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (5)

  • Foster
  • Skaff
  • Howell
  • Pyles
  • Westfall

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE-SENATE AMENDED HB

Passed 87 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 18700
Unaffiliated 64501
Democrat 5000
Total 871201
% of votes cast 87%12%0%1%
How each member voted (100)
Member Party Vote
Rodighiero — Yea
Angelucci — Yea
Espinosa — Yea
Kessinger — Yea
Atkinson — Yea
Estep-Burton — Yea
Lavender-Bowe — Yea
Rowe — Yea
Barnhart — Yea
Evans — Yea
Linville — Yea
Shott — Yea
Fleischauer — Yea
Little — Yea
Skaff — Yea
Bates — Yea
Longstreth — Yea
Staggers — Yea
Bibby — Yea
Foster — Yea
Lovejoy — Yea
Steele — Yea
Boggs — Yea
Graves — Yea
Storch — Yea
Brown, N. — Yea
Hamrick — Yea
Summers — Yea
Brown, S. — Yea
Hanna — Yea
Maynard — Yea
Swartzmiller — Yea
Byrd — Yea
Sypolt — Yea
Cadle — Yea
Hardy — Yea
Miley — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Canestraro — Yea
Hicks — Yea
Nelson — Yea
Tomblin — Yea
Capito — Yea
Higginbotham — Yea
Pack — Yea
Walker — Yea
Caputo — Yea
Hill — Yea
Paynter — Yea
Waxman — Yea
Pethtel — Yea
Westfall — Yea
Cowles — Yea
Phillips — Yea
Householder — Yea
Wilson — Yea
Pyles — Yea
Zukoff — Yea
Diserio — Yea
Jeffries, J. — Yea
Doyle — Yea
Robinson — Yea
Fast — Nay
Kump — Nay
Rowan — Nay
Mandt — Nay
Porterfield — Nay
Sponaugle — Not Voting
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 Nay
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 Nay
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Nay
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Nay
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 29 Yea · 5 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 27500
Total 29500
% of votes cast 85%15%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Nay
TARR — Yea
CLINE — Yea
PLYMALE — Nay
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Nay
ROBERTS — Nay
WELD — Yea
HARDESTY — Nay
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Yea
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

PASSAGE

Passed 85 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 62503
Republican 19501
Democrat 4001
Total 851005
% of votes cast 85%10%0%5%
How each member voted (100)
Member Party Vote
Angelucci — Yea
Estep-Burton — Yea
Kump — Yea
Rowe — Yea
Atkinson — Yea
Evans — Yea
Lavender-Bowe — Yea
Shott — Yea
Fleischauer — Yea
Linville — Yea
Skaff — Yea
Little — Yea
Sponaugle — Yea
Bates — Yea
Foster — Yea
Longstreth — Yea
Staggers — Yea
Bibby — Yea
Graves — Yea
Lovejoy — Yea
Steele — Yea
Boggs — Yea
Hamrick — Yea
Storch — Yea
Brown, N. — Yea
Hanna — Yea
Swartzmiller — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Byrd — Yea
Hardy — Yea
Thompson, C. — Yea
Cadle — Yea
Hartman — Yea
Miley — Yea
Thompson, R. — Yea
Hicks — Yea
Tomblin — Yea
Canestraro — Yea
Higginbotham — Yea
Nelson — Yea
Capito — Yea
Hill — Yea
Pack — Yea
Walker — Yea
Paynter — Yea
Waxman — Yea
Cowles — Yea
Pethtel — Yea
Westfall — Yea
Householder — Yea
Wilson — Yea
Pyles — Yea
Zukoff — Yea
Diserio — Yea
Jeffries, J. — Yea
Doyle — Yea
Robinson — Yea
Espinosa — Yea
Kessinger — Yea
Rowan — Yea
Barnhart — Nay
Fast — Nay
Mandt — Nay
Phillips — Nay
Porterfield — Nay
Rodighiero — Not Voting
Caputo — Not Voting
Summers — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Not Voting
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 Yea
D. Rolland Jennings Republican Nay
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 Nay
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
T. Kevan Bartlett Republican Nay
Vernon Criss Republican Yea
William Anderson Republican Not Voting

Official roll call →

Subjects

technology agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 4697?
HB 4697 is sponsored by Mike Pushkin (Democrat), Foster, Skaff, Howell, Pyles, and Westfall.
What is the current status of HB 4697?
This bill has been enacted into law. Introduced February 05, 2020. Enacted.
Where can I track HB 4697?
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