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2 | 2 | | HOUSE DOCKET, NO. 439 FILED ON: 1/12/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 394 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | William M. Straus |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to farmer-wineries. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 439 FILED ON: 1/12/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 394 |
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18 | 18 | | By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 394) of |
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19 | 19 | | William M. Straus relative to farmer-wineries license fees. Consumer Protection and |
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20 | 20 | | Professional Licensure. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 461 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to farmer-wineries. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 19B of chapter 138 of the General Laws, as appearing in the 2014 |
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32 | 32 | | 2Official Edition, is hereby amended by striking subsection (l) and inserting in place thereof the |
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33 | 33 | | 3following subsection:- |
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34 | 34 | | 4 (l) The annual license fee for each winegrower, in respect of each winery, shall be |
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35 | 35 | | 5computed based on the wine gallonage produced by the winery as follows: |
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36 | 36 | | 6 5,000 gallons or less per year: $ 172. per year |
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37 | 37 | | 7 More than 5,000 and less than 20,000 gallons per year: $ 194. per year |
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38 | 38 | | 8 More than 20,000 gallons and less than 100,000 gallons per year: $ 232. per year 2 of 3 |
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39 | 39 | | 9 More than 100,000 and less than 200,000 gallons per year: $260. per year |
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40 | 40 | | 10 More than 200,000 and less than 1,000,000 gallons per year: $260. per year |
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41 | 41 | | 11 Each additional 1,000,000 gallons per year: $111. per year |
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42 | 42 | | 12 SECTION 2. Said section 19B of said chapter 138, as so appearing, is hereby amended |
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43 | 43 | | 13by inserting after subsection (n) the following subsections:- |
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44 | 44 | | 14 (o) Notwithstanding section 22, a winegrower authorized to operate a farmer-winery |
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45 | 45 | | 15under this section may transport and deliver anywhere in the commonwealth alcoholic beverages |
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46 | 46 | | 16or alcohol lawfully bought or sold by them in vehicles owned or leased by them or their |
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47 | 47 | | 17employees. |
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48 | 48 | | 18 (p) Upon payment of the fee stated in subsection (l), a winegrower authorized to operate a |
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49 | 49 | | 19farmer-winery under this section shall be granted a direct shipment license under section 19F. |
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50 | 50 | | 20 SECTION 3. Section 70 of said Chapter 138, as so appearing, is hereby amended by |
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51 | 51 | | 21striking, in line 6, the figure “19B,”. |
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52 | 52 | | 22 SECTION 4. Section 21 of said chapter 138, as so appearing, is hereby amended by |
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53 | 53 | | 23inserting in line 69 after the word “thirteen.” the following sentence:- |
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54 | 54 | | 24 No excise shall be imposed under this section on wine produced by a winegrower |
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55 | 55 | | 25licensed under section 19B that is used or consumed for the purposes of testing, tasting or |
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56 | 56 | | 26sampling the wine. |
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57 | 57 | | 27 SECTION 5. Subsection (k) of section 16 of chapter 62C of the General Laws, as so |
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58 | 58 | | 28appearing, is hereby amended by inserting in line 119 after the word “him” the following words:- 3 of 3 |
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59 | 59 | | 29 ; provided, that farmer-wineries licensed under section 19B of chapter 138 that produce |
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60 | 60 | | 30less than 20,000 gallons of wine per year may elect to file a single return covering the prior |
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61 | 61 | | 31calendar year. |
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