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Bill > HB2054


WV HB2054

WV HB2054
Relating to liability of vendors in private farmers markets


summary

Introduced
02/12/2025
In Committee
04/09/2025
Crossed Over
04/02/2025
Passed
04/12/2025
Dead
Signed/Enacted/Adopted
04/28/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT to amend and reenact §60-4-3a, §60-7-2, §60-7-3, §60-7-8c, §60-7-8d, §60-7-8e, §60-7- 8g, §60-8-2, and §60-8-32a of the Code of West Virginia, 1931, as amended, amending liquor sampling requirements; revising definitions; addressing and making minor corrections in the Alcohol Beverage Control Administration ("ABCA") code sections correcting mistakes relating to a $100 requirement for canned or packaged food; removing the requirement that a private farmers market or private food court with two or more unrelated vendors applying for a license must certify that all vendors have agreed to liability responsibility therein and removing the requirement that a private farmers market or private food court provide a written copy of the agreement between all vendors acknowledging that each vendor is jointly and severally liable for any violations; authorizing the use of self-pour automated systems for nonintoxicating beer, cider, and wine by the drink on licensee premises; removing the requirement that a joint and several liability agreement be executed between the multiple vendors at a multi-vendor fair or festival; regulating private clubs sale and service of alcoholic and non-intoxicating beverages; providing limitations on sealed craft cocktail or wine growlers sold to persons who have dined in an establishment, or a patron who is in vehicle while picking up food or a meal and ordered a sealed craft cocktail or wine growler; clarifying and expanding the types of licensed entities authorized to participate in a duly permitted private outdoor designated area (“PODA”); defining terms; exempting certain licensees from certain fees; authorizing consumer activity within a PODA; authorizing a new S4N license for qualified nonprofits; authorizing S1, S2, and S3 licensees to participate in a private outdoor designated area on the premises of a participating Class S4 permit holder upon written invitation of the Class 2 S4 permit holder; correcting mistaken listed percentage for fortified wine; all generally relating to the licensing, sale and service of alcoholic liquor, nonintoxicating beer or nonintoxicating craft beer, wine, cider, craft and cocktails as beverages or sealed containers, and where same may be sold and served.

AI Summary

This bill makes several modifications to West Virginia's alcohol beverage control laws, focusing on licensing, sales, and service regulations for various types of establishments. The bill removes the requirement that private farmers markets or private food courts with multiple vendors must certify that all vendors agree to joint liability, eliminating the need for written liability agreements between vendors. It authorizes the use of self-pour automated systems for nonintoxicating beer, cider, and wine in licensed establishments, and removes joint liability requirements for multi-vendor events. The legislation also expands provisions for private outdoor designated areas, creating a new Special S4N license for qualified nonprofit organizations to sell alcohol in these areas. Additionally, the bill clarifies and adjusts regulations around craft cocktail growler sales, allowing private club restaurants and manufacturer clubs to sell sealed craft cocktail growlers to patrons who have purchased food, with specific requirements for container size, labeling, and sanitation. The bill also makes minor technical corrections to definitions and fee structures related to alcohol sales and licensing, with the broader aim of supporting West Virginia's hospitality and tourism industries while maintaining regulatory oversight of alcohol sales and consumption.

Committee Categories

Business and Industry, Government Affairs, Justice

Sponsors (3)

Last Action

Approved by Governor 4/28/2025 (on 04/28/2025)

bill text


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bill summary

Document Type Source Location
State Bill Page http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2054&year=2025&sessiontype=RS&btype=bill
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2054%20sub%20enr.htm&yr=2025&sesstype=RS&i=2054
hb2054 sfat stuart _1 4-10 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sfat%20stuart%20_1%204-10.htm
hb2054 sfat stuart _1 4-10 adopted http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sfat%20stuart%20_1%204-10%20adopted.htm
hb2054 sub sfat stuart 4-11 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sub%20sfat%20stuart%204-11.htm
hb2054 s jud am _1 adopted http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/com_amends/hb2054%20s%20jud%20am%20_1%20adopted.htm
hb2054 s jud am _1 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/com_amends/hb2054%20s%20jud%20am%20_1.htm
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2054%20sub%20eng.htm&yr=2025&sesstype=RS&i=2054
hb2054 sub hfa burkhammer 3-6 _1 rejected http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sub%20hfa%20burkhammer%203-6%20_1%20rejected.htm
hb2054 sub hfa burkhammer 3-6 _1 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sub%20hfa%20burkhammer%203-6%20_1.htm
hb2054 sub hfat clark 3-6 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sub%20hfat%20clark%203-6.htm
hb2054 sub hfa clark 3-6 _1 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/hb2054%20sub%20hfa%20clark%203-6%20_1.htm
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2054%20sub2.htm&yr=2025&sesstype=RS&i=2054
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2054%20sub.htm&yr=2025&sesstype=RS&i=2054
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2054%20intr.htm&yr=2025&sesstype=RS&i=2054
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