COMMITTEE ON COMMERCE, ENERGY AND MILITARY
SENATE AMENDMENTS TO S.B. 1397
(Reference to printed bill)
Page 3, between lines 14 and 15, insert:
“11. ‘CRAFT DISTILLER’ MEANS A DISTILLER IN THE UNITED STATES OR IN A TERRITORY OR POSSESSION OF THE UNITED STATES THAT HOLDS A LICENSE PURSUANT TO SECTION 4-205.10.”
Renumber to conform
Lines 40 and 42, after “a” insert “STATE AGENCY, STATE BOARD, STATE COMMISSION,”
Page 5, strike lines 25 through 45
Strike pages 6 and 7
Page 8, strike lines 1 through 22.
Renumber to conform
Page 9, line 9, after “for” insert “A CRAFT DISTILLER LICENSE,”
Page 10, line 7, strike “OR A”
Line 8, strike “MANAGEMENT AGREEMENT ENTERED INTO UNDER SECTION 4-205.10”
Page 13, line 43, after “LOCATION” insert “, INCLUDING PHYSICAL LOCATIONS THAT ARE OWNED, OPERATED, LEASED, MANAGED OR CONTROLLED BY THE UNITED STATES, THIS STATE OR A CITY, TOWN OR COUNTY OF THIS STATE”
Page 14, line 10, after the second “LICENSE” insert “SPECIFICALLY DESCRIBED IN EACH LICENSE. NOTWITHSTANDING SECTION 4-244, PARAGRAPHS 13 AND 19, BOTH LICENSES SHALL PERMIT THE PRESENCE OF PURCHASED SPIRITUOUS LIQUOR IN THE POSSESSION OF THE PURCHASER.”
Line 13, strike “the holder of a license authorized to sell”
insert “the holder of a license authorized to sell”
Line 14, strike “off-sale” insert “off-sale OR”; after “WHOLESALER” strike “, or,” insert a period
Line 17, after “wholesaler” insert “, FARM WINERY, MICROBREWERY,”
Page 15, line 22, strike “THIRTY” insert “FIFTY”
Line 23, strike “NINETY” insert “ONE HUNDRED FIFTY”
Page 18, line 11, after “dollars” insert “PER VIOLATION”
Line 32, after “COMPLETE” strike the comma and insert “AND”; strike “AND SEPARATE”; after “RECORDS” insert “OF EACH SHIPMENT”
Line 36, strike “AND THE PRICE CHARGED” insert “SHIPPED”; after “INCLUDE” insert “THE NAME OF THE SHIPPER AND”
Page 21, line 1, strike “and bottling” insert “OR MANUFACTURING”
Line 9, after the period insert “IN ADDITION TO ANY PROVISION OF THIS TITLE,”
Line 10, after “wine” insert “PRODUCED OR”
Line 11, strike “ON” insert “ONLY UPON”
Line 17, after “OR” strike remainder of line
Strike lines 18 and 19
Line 20, strike “WINE” insert “HAS A CONTRACT PURSUANT TO SUBSECTION E OF THIS SECTION FOR THE PRODUCTION OR MANUFACTURING OF WINE FROM GRAPES OR OTHER FRUIT GROWN ON AT LEAST FIVE PRODUCING ACRES OF LAND OWNED OR CONTROLLED BY THE APPLICANT AND THE LAND HAS BEEN DEVOTED TO FRUIT GROWING FOR AT LEAST THREE CONSECUTIVE CALENDAR YEARS”; after “A” insert “LICENSED FARM”
Line 27, after “winery” insert “ON THE PREMISES”
Line 33, after “winery” insert “FOR CONSUMPTION ON OR OFF THE PREMISES”
Line 36, strike “TWENTY-FIVE” insert “TWENTY”; after “SALES” insert “BY VOLUME”
Line 42, after the period insert “EXCEPT AS PROVIDED IN SUBSECTION C, PARAGRAPH 5 OF THIS SECTION,”
Page 22, line 24, after “is” insert “DELIVERED BY THE LICENSED FARM WINERY OR”; after “shipped” insert “BY THE LICENSED FARM WINERY BY A COMMON CARRIER”
Strike lines 34 through 45
Page 23, strike lines 1 through 26, insert:
“D. ON APPLICATION BY ONE OR MORE PERSONS, THE DIRECTOR MAY APPROVE APPLICATIONS FOR GROUPING TWO OR MORE FARM WINERY LICENSES AT ONE LOCATION UNDER A PLAN OF ALTERNATING PROPRIETORSHIPS IF A LICENSED WINERY HAS RECEIVED APPROVAL OF THE ALTERNATING PROPRIETORSHIP BY THE UNITED STATES ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AND THE PARTICIPATING WINERIES OPERATE UNDER THE REGULATIONS AND GUIDELINES THAT ARE ISSUED BY THE UNITED STATES ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. EACH PARTICIPATING WINERY SHALL BE RESPONSIBLE FOR FILING ALL REPORTS THAT RELATE TO ITS WINE PRODUCTION OR MANUFACTURING WITH THE UNITED STATES ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AND THE DEPARTMENT.
E. A PERSON OTHERWISE QUALIFIED TO RECEIVE A FARM WINERY LICENSE MAY ENTER INTO A CUSTOM CRUSH ARRANGEMENT WHERE A LICENSED WINERY PRODUCES OR MANUFACTURES WINE FROM GRAPES OR OTHER FRUIT SUPPLIED BY THE PERSON. THE WINERY RECEIVING THE FRUIT SHALL BE LICENSED BY THE UNITED STATES ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AND THE DEPARTMENT AND SHALL BE RESPONSIBLE FOR FILING ALL REPORTS THAT RELATE TO ITS WINE PRODUCTION OR MANUFACTURING WITH THE UNITED STATES ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AND THE DEPARTMENT. EACH PERSON SUPPLYING THE GRAPES OR OTHER FRUIT SHALL FIRST APPLY FOR AND RECEIVE A FARM WINERY LICENSE AND SHALL REPORT ALL VOLUMES OF WINE FROM ITS CUSTOM CRUSH ARRANGEMENTS TO THE DEPARTMENT, WHICH SHALL NOT BE ALLOCATED TO THE GALLONAGE OF THE RECEIVING WINERY.
F. ON APPLICATION BY A FARM WINERY LICENSEE, THE DIRECTOR MAY AUTHORIZE A FARM WINERY LICENSEE TO OPERATE UP TO TWO OTHER TASTING AND RETAIL PREMISES IF:
1. THE WINE SOLD AT ANOTHER TASTING AND RETAIL LOCATION IS LIMITED TO WINE PRODUCED OR MANUFACTURED BY THE LICENSED FARM WINERY AND WINES PRODUCED OR MANUFACTURED BY OTHER LICENSED FARM WINERIES, INCLUDING WINES PRODUCED OR MANUFACTURED PURSUANT TO SUBSECTIONS D AND E OF THIS SECTION. SALES OF WINES NOT PRODUCED OR MANUFACTURED BY THE FARM WINERY SHALL BE LIMITED TO NO MORE THAN TWENTY-FIVE PERCENT OF TOTAL SALES BY VOLUME AT THAT LOCATION.
2. THE FARM WINERY LICENSEE:
(a) REMAINS RESPONSIBLE FOR THE TASTING ROOMS.
(b) OBTAINS APPROVAL FOR THE REMOTE TASTING ROOM FROM THE LOCAL GOVERNING BODY BEFORE SUBMITTING AN APPLICATION TO THE DEPARTMENT. A COPY OF AN ORDER FROM THE LOCAL GOVERNING BODY RECOMMENDING APPROVAL OF THE REMOTE TASTING ROOM MUST BE FILED WITH THE DEPARTMENT AS PART OF THE APPLICATION.
(c) DOES NOT SUBLEASE THE REMOTE TASTING ROOM LOCATION.
(d) HAS AN AGENT WHO SHALL BE A NATURAL PERSON WHO MEETS THE QUALIFICATIONS OF LICENSURE IN THIS STATE.
(e) MEETS THE QUALIFICATIONS FOR A LICENSE PURSUANT TO SECTION 4-203, SUBSECTION A.”
Page 24, line 1, strike “A” insert “AN ADDITIONAL FARM WINERY LICENSE”; after “FEE” insert “ADOPTED PURSUANT TO SECTION 4-209”; after “LICENSES” insert “, AUTHORIZATION”
Line 39, after the period insert “IN ADDITION TO ANY OTHER PROVISION OF THIS TITLE,”; after “beer” insert “THAT IS PRODUCED OR”
Line 40, strike “or delivered”
Line 42, after the period strike remainder of line
Strike lines 43 and 44, insert “ONLY UPON THE”
Line 45, after “LICENSE” strike “OR LICENSES”
Page 25, line 29, strike “an” insert “A CUMULATIVE”
Line 30, after “gallons” insert “IN TOTAL FOR ALL LICENSED RETAILERS”
Page 26, line 5 strike “sections” insert “section”; strike “and 4-205.11”
Strike lines 6 through 17
Line 18, strike “4-205.11” insert “4-205.10”
Line 28, after the period insert “IN ADDITION TO ANY OTHER PROVISION OF THIS TITLE,”
Line 31, strike “ON” insert “ONLY UPON THE”
Line 35, strike “ONE THOUSAND CASES” insert “TWO THOUSAND THREE HUNDRED SEVENTY EIGHT GALLONS”
Page 27, strike lines 16 through 19, insert:
“5. A LICENSED CRAFT DISTILLER THAT PRODUCES NOT MORE THAN ONE THOUSAND ONE HUNDRED EIGHTY NINE GALLONS OF DISTILLED SPIRITS IN A CALENDAR YEAR MAY MAKE SALES AND DELIVERIES OF DISTILLED SPIRITS THAT THE LICENSED CRAFT DISTILLER PRODUCES TO ON-SALE AND OFF-SALE RETAILERS.”
Page 28, line 17, strike “SHALL” insert “MAY”
Line 18, after “FEE” insert “ADOPTED PURSUANT TO SECTION 4-209”
Line 30, strike “THE DIRECTOR MAY ISSUE” insert “ANY”
Page 28, line 31, after “2014” insert “MAY BE REISSUED BY THE DIRECTOR IN THE COUNTY OF THEIR ISSUANCE”
Page 31, line 36, strike “5.” insert “5.”; strike “playing
area of a golf course issued a license pursuant to” and insert “playing
area of a golf course issued a license pursuant to”
Line 37, strike “this article.” insert “this article.”
Between lines 37 and 38, insert:
“6. A BEER AND WINE LICENSE AT A NOT-FOR-PROFIT PERFORMING ARTS THEATRE WITH A PERMANENT SEATING CAPACITY OF AT LEAST 250 PERSONS.”
Page 34, line 7, after the second “a” insert “STATE AGENCY, STATE COMMISSION, STATE BOARD,”
Line 34, after the second period insert “THE DIRECTOR MAY CHARGE A LICENSED FARM WINERY A FEE PURSUANT TO SECTION 4-205.04, SUBSECTIONS D, E OR F.”
Line 38, strike “fifty cases” insert “TWO HUNDRED FORTY GALLONS”
Between lines 39 and 40, insert:
“16. THE DEPARTMENT MAY CHARGE A FEE FOR A CRAFT DISTILLER LICENSE.”
Page 35, line 41, after the second period insert “THE DIRECTOR MAY CHARGE A LICENSED FARM WINERY AN ANNUAL FEE PURSUANT TO SECTION 4-205.04 SUBSECTIONS D, E OR F.”
Page 36, line 1, strike “twenty-five”
Line 2, strike “cases” insert “TWO HUNDRED FORTY GALLONS”
Between lines 2 and 3 insert:
“16. THE DIRECTOR MAY CHARGE A FEE FOR THE ANNUAL RENEWAL OF A CRAFT DISTILLER LICENSE.”
Page 38, line 30, strike “THE LICENSEE FAILS TO REPORT A SERIOUS ACT OF VIOLENCE THAT” insert “THERE”
Line 31, after the first “THE” insert “LICENSED”; after “PREMISES” insert “A SERIOUS ACT OF VIOLENCE”
Between lines 34 and 35, insert:
“15. THE LICENSEE FAILS TO REPORT A SERIOUS ACT OF VIOLENCE THAT OCCURS ON THE LICENSED PREMISES. FOR THE PURPOSES OF THIS PARAGRAPH “SERIOUS ACT OF VIOLENCE” MEANS AN INCIDENT CONSISTING OF A RIOT, BRAWL OR DISTURBANCE IN WHICH A SERIOUS INJURY CAUSES DEATH OR CRITICAL INJURY OF A PERSON AND SUCH INJURIES WOULD BE OBVIOUS TO A REASONABLE PERSON.”
Page 42, line 25, strike “THAT IS NOT SOLD OR OFFERED FOR SALE AND THAT IS” insert “PRODUCED FOR PERSONAL OR FAMILY USE THAT IS NOT FOR SALE. THE BEER MAY BE”
Line 26, strike “FOR PERSONAL OR FAMILY USE” insert “AND EXHIBITED”
Strike lines 39 through 41 insert:
“C. A WHOLESALER MAY EMPLOY CHANNEL PRICING TO SELL ITS PRODUCT TO ON-SALE LICENSEES AT A DIFFERENT PRICE THAN IT SELLS ITS PRODUCT TO OFF-SALE LICENSEES. ALL DISCOUNTS OFFERED BY A WHOLESALER WHEN THAT WHOLESALER EMPLOYS CHANNEL PRICING MUST BE:”
Line 43, after “MADE” insert “EQUALLY”; strike “ALL LICENSEES IN THE ON-SALE OR OFF-SALE” insert “EACH RETAILER IN THAT RETAILERS’”
Page 45, line 44, after “licensee” insert “AND THE PERSON’S DATE OF BIRTH”
Page 46, line 5, after “state” insert “, THE DISTRICT OF COLUMBIA, ANY TERRITORY OF THE UNITED STATES OF AMERICA”
Line 6, after the period insert “AN UNEXPIRED NONOPERATING LICENSE ISSUED TO A PERSON WHO WAS UNDER TWENTY-ONE YEARS OF AGE IS NO LONGER AN ACCEPTABLE TYPE OF IDENTIFICATION UNDER THIS PARAGRAPH THIRTY DAYS AFTER THE PERSON TURNS TWENTY-ONE YEARS OF AGE.”
Line 7, after “card” insert “THAT INCLUDES THE PERSON’S PICTURE AND DATE OF BIRTH”
Line 8, after the second “A” insert “VALID UNEXPIRED”
Page 48, strike lines 22 and 23, insert:
“B. ANY WHOLESALER OR PRODUCER MAY ENGAGE IN CREDIT TRANSACTIONS WITH ANY OTHER WHOLESALER OR PRODUCER.”
Page 49, line 39, after “WHOLESALER” insert “OR PRODUCER”
Line 43, strike “SEVEN OUNCES” insert “SEVEN HUNDRED FIFTY MILlILITERS”
Page 50, line 3, after “WHOLESALER” insert “OR PRODUCER”
Page 52, strike lines 5 through 17
Renumber to conform
Page 58, line 8, strike “or” insert “or”
Line 9, strike “OR FARM WINERY”
Page 58, line 10, strike “glass, ALUMINUM, STAINLESS STEEL OR PORCELAIN”; after “container” insert “COMPRISED OF A MATERIAL APPROVED BY A NATIONAL SANITATION ORGANIZATION”
Strike lines 36 and 37, insert:
“37. For a licensee to fail to report an occurrence of an act of violence to either the department or a law enforcement agency.”
Renumber to conform
Page 60, strike lines 14 through 31
Renumber to conform
Page 62, between lines 4 and 5, insert:
“9. “CRAFT DISTILLER” MEANS A DISTILLER IN THE UNITED STATES OR IN A TERRITORY OR POSSESSION OF THE UNITED STATES THAT HOLDS A LICENSE PURSUANT TO SECTION 4-205.10.”
Renumber to conform
Page 63, line 10, after “farm wineries” strike “and” insert a comma; after “microbreweries” insert “and craft distillers”
Between Lines 22 and 23, insert:
“C. EVERY CRAFT DISTILLER SELLING A SPIRITUOUS LIQUOR AT RETAIL OR TO A RETAIL LICENSEE PURSUANT TO TITLE 4, CHAPTER 2, MANUFACTURED OR PRODUCED ON THE PREMISES OR A DISTILLER OF SPIRITUOUS LIQUOR THAT SELLS AT RETAIL PURSUANT TO SECTION 4-243.02 SHALL PAY THE TAX UNDER THIS CHAPTER ON ALL SPIRITUOUS LIQUOR SOLD AT RETAIL OR TO A RETAIL LICENSEE WITHIN THIS STATE AND ADD THE AMOUNT OF THE TAX TO THE SALES PRICE.”
Reletter to conform
Line 23, strike “or” insert a comma; after “microbrewery” insert “OR CRAFT DISTILLER”
Line 26, strike the second “or” insert a comma
Line 27, after “microbrewery” insert “OR CRAFT DISTILLER”
Page 63, line 34, strike “or” insert a comma; after
“microbrewery” insert “OR CRAFT
DISTILLER”
Page 64, line 32, strike “4-205.11” insert “4-205.10”
Amend title to conform