Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H394 Compare Versions

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22 HOUSE DOCKET, NO. 439 FILED ON: 1/12/2023
33 HOUSE . . . . . . . . . . . . . . . No. 394
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 William M. Straus
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to farmer-wineries.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023 1 of 3
1616 HOUSE DOCKET, NO. 439 FILED ON: 1/12/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 394
1818 By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 394) of
1919 William M. Straus relative to farmer-wineries license fees. Consumer Protection and
2020 Professional Licensure.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 461 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to farmer-wineries.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 19B of chapter 138 of the General Laws, as appearing in the 2014
3232 2Official Edition, is hereby amended by striking subsection (l) and inserting in place thereof the
3333 3following subsection:-
3434 4 (l) The annual license fee for each winegrower, in respect of each winery, shall be
3535 5computed based on the wine gallonage produced by the winery as follows:
3636 6 5,000 gallons or less per year: $ 172. per year
3737 7 More than 5,000 and less than 20,000 gallons per year: $ 194. per year
3838 8 More than 20,000 gallons and less than 100,000 gallons per year: $ 232. per year 2 of 3
3939 9 More than 100,000 and less than 200,000 gallons per year: $260. per year
4040 10 More than 200,000 and less than 1,000,000 gallons per year: $260. per year
4141 11 Each additional 1,000,000 gallons per year: $111. per year
4242 12 SECTION 2. Said section 19B of said chapter 138, as so appearing, is hereby amended
4343 13by inserting after subsection (n) the following subsections:-
4444 14 (o) Notwithstanding section 22, a winegrower authorized to operate a farmer-winery
4545 15under this section may transport and deliver anywhere in the commonwealth alcoholic beverages
4646 16or alcohol lawfully bought or sold by them in vehicles owned or leased by them or their
4747 17employees.
4848 18 (p) Upon payment of the fee stated in subsection (l), a winegrower authorized to operate a
4949 19farmer-winery under this section shall be granted a direct shipment license under section 19F.
5050 20 SECTION 3. Section 70 of said Chapter 138, as so appearing, is hereby amended by
5151 21striking, in line 6, the figure “19B,”.
5252 22 SECTION 4. Section 21 of said chapter 138, as so appearing, is hereby amended by
5353 23inserting in line 69 after the word “thirteen.” the following sentence:-
5454 24 No excise shall be imposed under this section on wine produced by a winegrower
5555 25licensed under section 19B that is used or consumed for the purposes of testing, tasting or
5656 26sampling the wine.
5757 27 SECTION 5. Subsection (k) of section 16 of chapter 62C of the General Laws, as so
5858 28appearing, is hereby amended by inserting in line 119 after the word “him” the following words:- 3 of 3
5959 29 ; provided, that farmer-wineries licensed under section 19B of chapter 138 that produce
6060 30less than 20,000 gallons of wine per year may elect to file a single return covering the prior
6161 31calendar year.