Sale of Wine

Details

Type: Legislative Rule
Agency: Alcohol Beverage Control Commission
CSR Number: 175-04
Effective Date: July 6, 2014

Summary

The 21st Amendment to the U. S. Constitution gave each state the right to regulate the sale of alcohol. This rule regulates private wine restaurants, private wine spas, private wine bed and breakfasts, wine retailers, wine specialty shops and direct shippers at retail. Wine retail on and off premises licenses exist due to the requirements in the W.Va. Constitution Art VI., §46. This rule also regulates wineries, wine suppliers and wine distributors where there is some overlap under federal law, however, federal and state law look at the same and different items but at different degrees such as labeling, importing/exporting and product testing/requirements versus licensure of locations and production, distribution and transportation of wine. There may be differing views of whether state and federal are both more stringent or less stringent. Note there is a federal tax on wine in addition to a state tax on wine. Federal law also deals with Trade Practice issues (via Tied House laws and other areas) but this is viewed as in conjunction with the state law. The West Virginia Code and rules are meant to regulate and control the manufacture, sale, distribution, transportation, storage and consumption of wine and at the same time ensure the greatest degree of personal freedom consistent with the health, safety, welfare, peace and good morals of the people of this state. Further the state has pledged the state’s police powers to the sound control and temperate use of wine. No review was made of agricultural requirements or requirements in other areas of federal law not directly related to wine regulation.

One area where state law is perhaps more stringent is the lack of authorization to permit wine alternating proprietorships (where a winery could be used by multiple entities to produce separate wine or cider) in the state but such arrangements are permitted at the federal level (See 27 CFR 1, Subchapter A, Part 24, Subpart D §24.135, 24.136 and 24.137) (See also Industry Circular 2008-4 (August 18, 2008)).

The WVABCA has attempted to pass legislation during past legislative sessions to regulate this issue at the state level but without success.

No review was made of agricultural requirements or requirements in other areas of federal law not directly related to wine regulation.

Submitter Details

Name: Anoop Bhasin on behalf of the WVABCA
Email: Anoop.K. Bhasin@wv.gov
Phone: 3043565500

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