Alcoholic beverage control; creates new restricted wholesale wine license. (HB2450)
Introduced By
Del. Chris Saxman (R-Staunton) with support from 24 copatrons, whose average partisan position is:
Those copatrons are Del. Watkins Abbitt (I-Appomattox), Del. Rob Bell (R-Charlottesville), Del. Kathy Byron (R-Lynchburg), Del. Vince Callahan (R-McLean), Del. Anne Crockett-Stark (R-Wytheville), Del. Frank Hargrove (R-Glen Allen), Del. Chris Jones (R-Suffolk), Del. Steve Landes (R-Weyers Cave), Del. Matt Lohr (R-Harrisonburg), Del. Bob Marshall (R-Manassas), Del. Danny Marshall (R-Danville), Del. Joe May (R-Leesburg), Del. Chris Peace (R-Mechanicsville), Del. David Poisson (D-Sterling), Del. Lacey Putney (I-Bedford), Del. Tom Rust (R-Herndon), Del. Ed Scott (R-Culpeper), Del. Bob Tata (R-Virginia Beach), Del. David Toscano (D-Charlottesville), Del. Lee Ware (R-Powhatan), Del. Onzlee Ware (D-Roanoke), Del. Tommy Wright (R-Victoria), Sen. Bill Carrico (R-Grayson), Sen. Robert Hurt (R-Chatham)
Progress
✓ |
Introduced |
☐ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
Alcoholic beverage control; nonresident winery distributor license. Creates a new nonresident winery distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with ABC Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. The bill provides that, for purposes of 4.1-234 and Chapter 6 ( 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "nonresident winery distributor" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and whose total wine distribution to all Virginia licensees does not exceed 3,000 cases in any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees. The bill also requires the ABC Board to quarterly audit and inspect all licensees with the privilege of self-distribution to ensure they meet the requirements for the license. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill. Read the Bill »
Status
04/04/2007: enacted
History
| Date | Action |
|---|---|
| 01/09/2007 | Committee |
| 01/09/2007 | Prefiled and ordered printed; offered 01/10/07 070824496 |
| 01/09/2007 | Referred to Committee on General Laws |
| 01/12/2007 | Assigned GL sub: #3 ABC/Gaming (Gear) |
| 01/30/2007 | Committee substitute printed 070908496-H1 |
| 01/31/2007 | Read first time |
| 02/01/2007 | Read second time |
| 02/01/2007 | Committee substitute agreed to 070908496-H1 |
| 02/01/2007 | Emergency clause added |
| 02/01/2007 | Engrossed by House - committee substitute HB2450H1 |
| 02/02/2007 | Read third time and passed House BLOCK VOTE (97-Y 0-N) |
| 02/02/2007 | Communicated to Senate |
| 02/05/2007 | Constitutional reading dispensed |
| 02/05/2007 | Referred to Committee on Rehabilitation and Social Services |
| 02/07/2007 | Impact statement from DPB (HB2450H1) |
| 02/12/2007 | Constitutional reading dispensed (40-Y 0-N) |
| 02/12/2007 | VOTE: (40-Y 0-N) (see vote tally) |
| 02/13/2007 | Read third time |
| 02/13/2007 | Reading of amendment waived |
| 02/13/2007 | Committee amendment agreed to |
| 02/13/2007 | Passed by for the day |
| 02/14/2007 | Read third time |
| 02/14/2007 | Engrossed by Senate as amended |
| 02/14/2007 | Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) |
| 02/14/2007 | Passed Senate with amendment (40-Y 0-N) |
| 02/14/2007 | VOTE: (40-Y 0-N) (see vote tally) |
| 02/15/2007 | Placed on Calendar |
| 02/16/2007 | Senate amendment agreed to by House (98-Y 0-N) |
| 02/22/2007 | Enrolled |
| 02/22/2007 | Bill text as passed House and Senate (HB2450ER) |
| 02/23/2007 | Signed by Speaker |
| 02/24/2007 | Signed by President |
| 03/05/2007 | Impact statement from DPB (HB2450ER) |
| 03/26/2007 | Governor's recommendation received by House |
| 03/27/2007 | Governor's substitute printed 070441496-H2 |
| 04/03/2007 | Placed on Calendar |
| 04/04/2007 | Enacted, Chapter (effective 4/4/07) |
| 04/04/2007 | House concurred in Governor's recommendation (99-Y 0-N) |
| 04/04/2007 | VOTE: ADOPTION (99-Y 0-N) (see vote tally) |
| 04/04/2007 | G Governor's recommendation adopted |
| 04/04/2007 | Reenrolled |
| 04/04/2007 | Reenrolled bill text (HB2450ER2) |
| 04/04/2007 | Signed by Speaker as reenrolled |
| 04/04/2007 | Signed by President as reenrolled |
| 04/04/2007 | Enacted, Chapter 870 (effective 4/4/07) |
| 04/11/2007 | G Acts of Assembly Chapter text (CHAP0870) |
Comments
I'm very concerned about the crisis facing the Virginia wine industry in our Commonwealth. Not only from the obvious perspective of the winery owners, but from a personal perspective as well. We have nearly 120 wineries in Virginia and I’d put the wines of many of them up against the best that the West Coast states have to offer. They’re great products and I enjoy being able to share them with out-of-state visitors as I brag on our growing presence as a destination for wine in this country.
What causes my concern is the legislation passed last year, albeit forced by a court ruling, that took away the wineries’ right to self-distribute their products. If a small winery can’t sell direct to stores and restaurants, we all lose. The winery loses money, and the owners and employees of that winery have their livelihoods at stake. Also, the Commonwealth of Virginia loses money, because there are fewer outlets selling a fine, competitive product that brings visitors to this region. And, selfishly, folks like me lose out because I don’t get to enjoy and share one of the finest agricultural products on the East Coast.
So, I’d like to ask all of you to support the legislation in the House by Delegate Chris Saxman and in the Senate by Senator John Watkins. The bills would restore the right of wineries to self-distribute up to a limit of 3,000 cases annually. This would apply to both in-state and out-of-state wineries. It would ensure that the little guys don’t get shut out of business and would enable them to grow at a reasonable rate and get to the point where they would need an independent distributor. These bills are fair to everyone.
Tracey Linkous
Albemarle County Resident