WV: Liquor law could bring $1 million in new revenue, group says
By Jake Jarvis, Staff Writer
March 24, 2019
CHARLESTON — Lawmakers recently took another step to expand how often and where West Virginia residents can buy liquor at retail stores.
The past several legislative sessions have seen senators and delegates approving laws to expand the sale of alcohol, and this year they approved a bill to allow people to buy liquor on Sundays.
The Distilled Spirit Council, the nation’s largest trade association for distillers, supported the bill. The group estimates in a recent economic analysis that the measure, House Bill 2481, could generate $1 million in new revenue for the state.
That figure is based off the idea that “all stores open that are eligible under the law” participate.
“More and more states are rolling back these outdated Sunday sales bans to modernize their alcohol laws and increase consumer convenience,” said Chris Swonger, the group’s chief executive officer. “These archaic laws no longer serve a public interest, undermine business freedom and eliminate consumer choice.”
Del. Brandon Steel, a freshman Republican from Raleigh County and a former prosecutor, is the lead sponsor of the bill.
“This is just going to make it legal for you to go to the store and buy it,” Steele previously said. “You can safely go home, just as you can go to a bar or a restaurant and enjoy a drink then, too.”
Previously, people could only buy beer and wine at retail stores on Sunday.
West Virginia’s law change is part of a growing trend where states are expanding when and where alcohol can be bought.
“Since 2002, 21 states have passed Sunday spirits sales legislation, bringing the total to 43 states across the country,” according to the Distilled Spirits Council. “Most recently, Indiana and Tennessee passed Sunday sales legislation in 2018, and the Virginia Legislature has passed legislation this session that would roll back hours of operation on Sunday from noon to 10 a.m.”
The bill passed out of the House 85-13, with only some of the most conservative delegates voting against the measure. The bill’s critics said the state should be promoting alcohol sales.
Shortly after, H.B. 2481 passed 22-11 in the Senate in late February.
“The bill will amend two sections of state code, both relating to acts of retail alcohol licensees,” said Sen. Charles Trump, R-Morgan. “If the bill becomes law, it will permit the sale of alcohol on Sundays after 1 p.m., except for on Easter Sunday and Christmas, when Christmas falls on a Sunday.”
Gov. Jim Justice signed the bill on Feb. 28, and the bill was made effective from its passage.
Lawmakers considered some other alcohol-related bills, but they did not garner as much support as H.B. 2481.
House Bill 3105 would have allowed the state’s Alcohol Beverage Control Administration to ask local police to enforce liquor and alcohol laws in clubs and bars. Currently, the ABCA can only call on State Police.
The bill was intended to help university towns like Morgantown and Huntington that are home to West Virginia University and Marshall University, respectively.
Police need probable cause or a search warrant to enter a private club currently. Del. Rodney Miller, D-Boone, questioned if local police could get a “blanket permission” to enter a club without the ABCA after one request was made.
“It seems like every year we’re trying to put cops in every bar in the state,” said Del. Isaac Sponaugle, D-Pendleton. “They are private clubs and they have property rights.”
Del. Paul Espinosa, R-Jefferson, the bill’s lead sponsor, said that would not be the case. He said that each time local police want to enter a club, it would require ABCA’s presence.
The bill died on its third reading in the House.