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Senator Margolis moved the following amendment:

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     Senate Amendment

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     Delete lines 103-117

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and insert:

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     (b) The division may issue or renew a license under this

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section only if the applicant or licensee:

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     1. Has not violated the conditions of licensure or the

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requirements or limitations of this section;

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     2. Produces or sells less than 250,000 gallons of wine

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annually;

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     3. Does not have a subsidiary winery and is not otherwise

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affiliated with another winery, unless such subsidiary winery or

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affiliated winery produces or sells less than 250,000 gallons of

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wine annually; and

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     4. Has not appointed a distributor in this state, unless

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the applicant provides to the division a copy of the applicant's

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contract with the applicant's appointed distributor containing

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terms to the contrary or a copy of a written notice sent to the

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distributor of the applicant's intent to obtain a winery

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shipper's license 1 year before applying for such license under

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this section.

4/14/2008  1:11:00 PM     35-07368-08