West Virginia Senate Approves 'Brunch Bill'

A push to let West Virginia restaurants and other businesses serve alcohol on Sunday mornings has been approved by the West Virginia Senate.

Senators unanimously passed a bill that would move the start of Sunday alcohol sales from 1 p.m. to 10 a.m. In the past, the Senate has approved the bill, but it has failed for several years in a row in the House.

Restaurants, distilleries and wineries are among the businesses that would be able to sell alcohol earlier.

The bill would also lift the current ban on retailers selling liquor between midnight and 8 a.m., or selling on Sundays and Christmas.

The bill now heads to the House of Delegates.

WVU Responds to Wrongful Death Lawsuit from Hazing Death

West Virginia University’s governing board has responded to a wrongful death lawsuit brought by the family of a student who died following a hazing for a fraternity that had its charter revoked.

In response to the lawsuit, the WVU’s Board of Governors argues it did not sanction any events that led to Nolan Burch’s death in November 2014, according to the Dominion Post. It cited a number of other reasons.

Burch died two days after binge drinking while pledging for Kappa Sigma fraternity. The cause was alcohol poisoning.

The Burch family filed the lawsuit in n Monongalia County Circuit Court against WVU and the national chapter, among others. The suit alleges negligence.

WVU filed its response this week.

Burch was from the Buffalo, New York, area.

Bloomery Sweetshine Reopens After Two Months of Waiting

After almost two months since closing its doors, the Bloomery Sweetshine Distillery in Jefferson County reopened this weekend after a successful cry for help to West Virginia lawmakers.

During this year’s legislative session, the Bloomery Sweetshine Distillery closed after years of being classified as a retail liquor store. The distillery owners claimed this as a misclassification and said it was costing them too much money, killing their business. The distillery closed in early February and the owners said they wouldn’t reopen until the issue was addressed by lawmakers.

“It was an overwhelming heartache. It was so drastic for us to make that decision,” said Linda Losey, co-founder and one of three co-owners of Bloomery Sweetshine, “You know we’ve been funding the distillery for three years out of pocket and trying to get to profitability, and it was really affecting our relationships, our hearts to keep opening and losing and losing and losing because we absolutely, absolutely love what we do, and what we do for this community and for our fans and how they react to us. So for us to, to make the decision to close, we had to make it for the financial reasons, but it really was a drastic decision, and to put seventeen people out of work, that’s what was the killer for us.”

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting

The Bloomery Sweetshine owners estimate it has attracted more than 50,000 tourists to West Virginia since it opened in 2011, some of which were from outside the US. All of its liqueurs are made on site and by hand, and most of the fruits and nuts used in the drinks are grown on site or are sourced within the local community. The distillery offers tastings and the option of buying their products on the premises.

Rob Losey is co-owner and in charge of sales and marketing. He says the decision to close the distillery surprised their local legislators.

“I think that it was also, it was received well by every one of our legislators,” Rob noted, “and that trying to figure out a way to help us, and really to help our county. I mean, one of the things that we do is we bring in a number of tourists, and you know, we’re someplace that people from out of state find as a destination, so they come to visit us and then they spend some time in the county and leave some tax revenue behind. And I think that, that was recognized and that we were, you know, that we were a bit of a shining star in our area, and it was something not to be lost.”

In light of the news of the distillery’s closing, legislators began putting together a bill that would help Bloomery Sweetshine and other distilleries and mini-distilleries like it. Senate Bill 574 was the answer. The bill will reclassify distilleries in the state and give some tax and management fee relief to those owners. It would also raise the production level allowed for mini-distilleries.

Governor Tomblin signed Senate bill 574 on March 31st and it will go into effect on June 12th.

The owners of Bloomery Sweetshine Distillery were elated by the news, but Tom Kiefer, co-founder and co-owner says their closing was not a ruse.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting

“We didn’t close the doors to send a message that was unintended. We closed the doors, cause we couldn’t afford to stay open, so I don’t agree that a business should close down just to make a stand and fight for reduced taxes,” Kiefer explained, “I mean for us it was, as Linda had said earlier a do or die situation, and the fact that we were dying on the vine cause we always had to supplement every month the business that occurred in the tasting room, just was not an affordable way to continue on.”

Linda says it was ultimately the response from their fans that drove the message home to legislators.

“One of the strengths we had behind us was our fan base, and so if a small business is absolutely feeling the pinch of government regulations and it’s killing the business, then I don’t disagree that you have to somehow contact the legislators and get help, because it’s nearly impossible to do it without the legislative action that is required to put laws into effect that will help the small businesses,” Linda said.

During Bloomery Sweetshine Distillery’s reopening Saturday, it offered tastings to more than 350, most of which visited the distillery for the first time. The owners say they are satisfied with the response from lawmakers and are excited for the effect of Senate Bill 574 in June.

Next year, the owners plan to push lawmakers for another bill, one that will allow them to sell their products on Sundays.

One-Day Alcohol Permits & Elk Restoration in the House

In the House Tuesday, a bill to reintroduce elk to the state was passed and a bill allowing non-profit organizations a one-day permit to sell alcoholic beverages to fundraising events.

House Bill 2466 allows non-profit organizations the opportunity to purchase a one-day permit to sell wine, beer, or liquor produced at a licensed mini-distillery for a day event like a fundraiser. The permit would cost twenty-five dollars.

Delegate Tom Fast of Fayette County, opposed the bill, because he worried this kind of permit would allow drinking abuse and send the wrong message.

“I understand the intent,” Fast said, “but to just further advance the cause of alcohol, I’m not a prohibitionist, but to just further advance it in this fashion is actually a major step in the wrong direction. It’s just greasing the skids down the slippery slope all the more, and I urge rejection.”

Delegate Amy Summers of Taylor County supported the bill.

“I rise in support of this bill, not to encourage alcohol use, but to support a request from my community that has a lot of elimination dinners and different types of activities to raise funds in our small community for all kinds of projects,” Summers explained, “and they would just like to have one keg of beer there for people who choose to partake in that, so I encourage support.”

House Bill 2466 passed 82 to 15.

A bill that caused some debate on the House floor was a bill was House Bill 2515. This would reintroduce Elk to the state. The West Virginia Division of Natural Resources would be in charge of the reintroduction and restoration, and the Elk would be confined to counties in Southern West Virginia. For the next ten years, hunting wouldn’t be allowed until a population is established.

There were those who supported the bill.

“Friends, these elks, they’re a very timid animal,” Delegate Justin Marcum of Mingo County noted, “they don’t come down, they’re not going to come down and run into your car like you heard, they’re not like your deers, yeah there might be an accident here and there, but all in all, an elk is a timid animal. They like to hide, they like to be hid in the woods. So I want to clear up any issues there friends, this is a great bill that is going to just help the South. Let’s end, end the fight that we already, we already have a fight now down there trying to bring our jobs and employment back, and this is just another piece to the puzzle.”

“Rocky Mountain Elk Foundation has done studies; Southern West Virginia is the best location for this,” said Delegate Rupert Phillips of Logan County, “Virginia, Western Virginia already has a program. Eastern Kentucky has the program; has been very successful in both states. The state of Virginia has gave us a free holding pen that’s located in Logan County right now. Rocky Mountain Elk Foundation has gave us $70,000 to start the program up. In 2013, there were 63,000 permits at $10 apiece; just to apply for a permit; and by the way, non-refundable. Simple math; $630,000. They drew 900 permits, 810 state of Kentucky residents, 90 out of state. With all that being said, time the tourism, the hunting license, and the stamps and everything, brought a little bit over 2 million dollars to eastern Kentucky.”

And there were those who did not support the bill.

“I strongly urge rejection of this bill,” Delegate Tom Fast said, “I have heard from the Farm Bureau who opposes this bill. Deer are bad enough for our farmers, and they destroy crops, destroy hay fields. Elk would multiply that, maybe not immediately, but in time they would multiply that exponentially. You think a deer does damage to a fence, what do you think an elk will do to a fence? Also, I think it’s important to understand we have a problem with wild animals getting out on roads, and again, if you think a deer does damage to a car that may weigh, I don’t know 150 to 250 pounds, or 300 pounds, what about a thousand pound elk that gets on the highway. They don’t know boundaries.”

“An elk weighs between 600 and 750 pounds, fully grown. Now when you hit that with a car, you’re not just going to knock out a headlight, you’re going to do quite a bit of damage,” explained Delegate Roy Cooper of Summers County, “but even worse my friends, when you try to dodge that animal knowing how big it is, and you slam your car, or your little girl or boy slams their car into a tree to dodge that animal, you tell me whether that animal is worth $5,000 or not.”

House Bill 2515 passed 87 to 11.

Kanawha Co. Delegate Arrested for DUI

A West Virginia state lawmaker has been arrested for driving under the influence.

Del. Doug Skaff from South Charleston was arrested Saturday morning in Monongalia County.

Skaff is a Democrat and the chairman of the House of Delegates Small Business and Economic Development Committee. He is a candidate for state Senate.

The Charleston Gazette reports that last spring Skaff co-sponsored a bill that would have required breath tests for alcohol abuse for miners both prior to their being hired and then randomly throughout their employment.

In an emailed statement, Skaff said he had consumed a couple of drinks and should have had a designated driver. He says he is responsible for his actions and will need to rebuild the trust that people have had in him.

Healthy Moms = Healthy Babies

Any substance a woman takes, whether it’s tobacco, alcohol or methamphetamine, can effect the development and structure of a fetal brain. That’s the…

Any substance a woman takes, whether it’s tobacco, alcohol or methamphetamine, can effect the development and structure of a fetal brain.  That’s the message today from a leading researcher of child development.

Dr. Ira Chasnoff, one of the nation’s leading researchers in the effects of maternal alcohol and drug use on newborn infants says early intervention is the key for healthy babies.

“The interesting thing is most people jump right away in thinking about addicts.  But the reality is most of the woman who are using during pregnancy actually aren’t addicted.  And just with some education will quit.  Now a lot of the studies that we’re doing we have a screening program where five simple questions is very efficient and effective in identifying woman at highest risk and then you administer a brief intervention  of less than five minutes and it’s been shown that these brief interventions does help significantly reduce the number of women who continue to use during pregnancy. And the sooner you can get a woman off any of her substances, the better for the baby.”

Chasnoff,  who is president of the Children’s Research Triangle in Chicago, says even a little alcohol during pregnancy can produce changes that an effect the behavior and the learning abilities of a child long term.      

“Any substance a woman takes, whether it’s tobacco, or alcohol or methamphetamine, can effect the development and structure of a fetal brain and the question is what impact does that have long term.  You see a lot in the media that “well, it’s OK to have a little bit of alcohol or a little cocaine is fine during pregnancy.” But what we know is that there is no amount of any of these substances that is safe. Even a little alcohol during pregnancy can produce changes that an effect the behavior and the learning abilities of a child long term.” Dr. Ira Chasnoff, president of Children's Research Triangle in Chicago and a professor of clinical pediatrics at the University of Chicago.

Dr. Chasnoff is in Charleston today to speak at 2013 summit of the West Virginia Perinatal Partnership.

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