W. Va. Code R. § 175-4-7 - Special Licenses

State Regulations
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7.1. Wine fair and festival -- A license may be issued for the retail sale of wine at any wine fair and festival which is endorsed or sponsored by the governing body of a municipality or a county commission. The license shall be issued for a term of no longer than 10 consecutive days and the fee for the license is $250 regardless of the term of the license. The application for the license shall contain information required by the commissioner and shall be submitted to the commissioner at least 30 days prior to the first day when wine is to be sold at the any wine fair and festival.

7.1.1 Notwithstanding section 7.1., if the applicant for the wine fair and festival license is the manufacturer of the wine, a winery, or a farm winery as defined in §60-1-5a of this code, and the event is located on the premises of a winery or a farm winery, then the license fee is $50 per wine fair and festival.

7.1.2. A licensed winery or a farm winery, which has a wine fair and festival licensee's written authorization and approval from the commissioner, may, in addition to, or in conjunction with the wine fair and festival licensee; exhibit, conduct complimentary tastings, or sell samples not to exceed six, three-fluid ounce: samples per patron; serve wine by the glass for consumption on the premises during the operation of a fair or festival only; or may sell wine by the bottle for on-premises consumption, when consumed by the glass, and also sell sealed bottles of wine for off-premises consumption. Provided, That for licensed wineries or farm wineries at a licensed wine fair and festival; tastings, samples, on-premises sales, and off-premises sales shall occur during the hours of operation as required in W. Va. Code § 60-8-1 et seq.

7.2. Professional baseball stadium. - A special license issued for the retail sale of wine in a professional baseball stadium. The license entitles the licensee to sell and serve wine for consumption in a professional baseball stadium. For this purpose, "professional baseball stadium" means a facility constructed primarily for the use of a major or minor league baseball franchisee affiliated with the National Association of Professional Baseball Leagues, Inc., or its successor, and used as a major or minor league baseball park.

7.2.1. Any such special license issued pursuant to this subsection shall be for a term beginning on the date of issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license.

7.2.2. The application for the special license shall contain information required by the commissioner and must be submitted to the commissioner at least 30 days prior to the first day when wine is to be sold at the professional baseball stadium.

7.2.3. The special license may be issued in the name of the baseball franchisee or the name of the primary food and beverage vendor under contract with the baseball franchisee. These sales must take place within the confines of the professional baseball stadium.

7.2.4. Any exterior area where wine sales may occur shall be surrounded by a fence or other barrier prohibiting entry except upon the franchisee's express permission, and under the conditions and restrictions established by the franchisee, so that the wine sales area is closed to free and unrestricted entry by the general public.

7.3. College or university stadium. -- A special license issued for the retail sale of wine in a college or university stadium. The licensee entitles the licensee to sell and serve wine for consumption in a college or university stadium. For this purpose, "college stadium" means a facility constructed primarily for the use of a Division I, II, or III college or university that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer, or other Division I, II, or III sports stadium.

7.3.1. Any license issued shall be for a term beginning on the date of its issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license.

7.3.2. The application for the special license shall contain information required by the commissioner and must be submitted to the commissioner at least 30 days prior to the first day when wine is to be sold.

7.3.3. The special license may be issued in the name of the National Collegiate Athletic Association Division I, II, or III college or university or the name of the primary food and beverage vendor under contract with that college or university. All sales must take place within the confines of the college or university stadium.

7.3.4. Any exterior area where wine sales may occur shall be surrounded by a fence or other barrier prohibiting entry except upon the college or university's express permission, and under the conditions and restrictions established by the college or university, so that the wine sales area is closed to free and unrestricted entry by the general public.

7.4. Wine heritage fair and festival. -- The commissioner may issue special licenses to wine heritage fairs and festivals allowing the sale, serving, and sampling of wine from a licensed farm winery. The license application shall contain information required by the commissioner and shall be submitted to the commissioner at least 30 days prior to the event. Wines used during these events may be donated by or purchased from a licensed farm winery. Under no circumstances may the provision of W. Va. Code § 60-8-20(c) be waived nor may any exception be granted with respect thereto.

7.5. Special one day nonprofit wine. - A special one-day licenses may be issued to duly organized, nonprofit corporations and associations allowing the sale and serving of wine, and may, if applicable, also allow the charitable auctioning of certain sealed bottles of wine for off-premises consumption only, when raising money for athletic, charitable, educational, or religious purposes.

7.5.1. "Auction or auctioning", for this purpose means any silent, physical act, or verbal bid auction, whether or not the auction requires in-presence bidding or online Internet-based electronic bidding through a secure application or website, but shall not include any action in violation of W. Va. Code § 47-20-10, §47-20-11, or § 61-10-1 et seq.

7.5.2. The license application shall contain information required by the commissioner and shall be submitted to the commissioner at least 30 days prior to the event.

7.5.3. Accompanying the license application, the applicant shall submit a signed and notarized statement that at least 80% of the net proceeds from the charitable event will be donated directly to the nonprofit corporation or organization.

7.5.4. Wines used during these events may be donated by, or purchased from, a licensed retailer, a distributor, winery, or a farm winery.

7.5.5. A licensed winery or farm winery which is authorized in writing by a representative of the duly organized, nonprofit corporation or association which has obtained the one-day license; is in good standing with the state; and obtains the commissioner's approval prior to the one-day license event may, in conjunction with the one-day licensee, exhibit, conduct complimentary tastings, or sell samples not to exceed six, three-fluid ounce tastings or samples per patron, sell wine by the glass or by the bottle, when consumed by the glass, for consumption on-premises during the operation of the one-day license event, and may sell certain sealed wine bottles manufactured by the licensed winery or farm winery for off-premises consumption.

7.5.6. A licensed winery or farm winery, at a licensed one-day event, may offer tastings, samples, on-premises sales, and off-premises sales of its wine shall occur under the hours of operation permitted by W. Va. Code § 60-8-1 et seq., from the one-day licensee's submitted floor plan for the event subject to the requirements in the code and rules.

7.5.7. Under no circumstances may the provisions of §60-8-20(c) or §60-8-20(f) of this code be waived, nor may any exception be granted with respect to those subsections.

7.6. Wine Clubs. -- A wine fair and festival license may be issued to a "wine club" as defined in W. Va. Code § 60-8-3(h)(4) for a license fee of $250. The wine festival and fair committee or the governing body shall designate a person to organize a club under a name which includes the name of the wine fair and festival and the words "wine club". The license shall be issued in the name of the wine club. A licensee may not sell wine until the wine club has at least 50 dues-paying members who have been enrolled, and to whom membership cards have been issued, whether in writing or electronically. A wine club licensed under the provisions of this subdivision may sell wine only to its members, and in portions not to exceed eight ounces per serving.

7.6.1. The sales shall take place in an area cordoned off or segregated so as to be closed to the general public, and the general public shall not be admitted to the premises or area. A wine club licensee under the provisions of W. Va. Code § 60-8-3(h)(4) may serve complimentary samples of wine in moderate quantities for tasting.

7.6.2. A wine club is subject to the penalties set forth in W. Va. Code § 60-8-1 et seq.

7.7. Alternating wine proprietorships. - A license issued to a licensed winery or farm winery under the provisions of W. Va. Code § 60-1-5c et seq. For this section, "alternating wine proprietorship agreement" means an agreement between a licensed winery or farm winery and a farm entity which allows the farm entity to use the premises of the licensed farm winery to produce wine.

7.7.1. The agreement must be between a licensed winery or farm winery and a farm entity located and operating in this state and must be in compliance with all applicable state laws and rules promulgated thereunder.

7.7.2. The farm entity must produce agricultural products containing sugar as certified by the Agriculture Commissioner and required by law;

7.7.3. Wines produced by the parties must be maintained in separate bonded areas and shall not be comingled;

7.7.4. The farm entity participating in the agreement must separately meet all federal and state requirements for a winery or farm winery;

7.7.5. The farm entity party to the agreement may not produce more than 50,000 gallons of wine and nonfortified dessert wine;

7.7.6. Wine produced by the farm entity party to an agreement must be produced exclusively by natural fermentation;

7.7.7. If port, sherry, or madeira wines are produced by the farm entity party to the agreement, a minimum of 25% of the agricultural products used to make the wine must be produced on the farm entity's property and no more than 25% of the agricultural products used may come from an out-of-state source; and

7.7.8. Port, sherry, or madeira wine produced by a party to an alternating wine proprietorship agreement may not exceed 22% alcohol by volume and must be matured in wooden barrels or casks.

7.8. Unlicensed Winery. -- An unlicensed winery may obtain a temporary license if it meets the requirements set forth in W. Va. Code § 60-8-3(q). The temporarily licensed unlicensed winery may conduct the same sampling and sales set forth in W. Va. Code § 60-8-3(q) at a licensed wine fair and festival upon approval of the licensee holding the wine fair and festival license and temporary and limited licensure by the commissioner.

7.8.1. An unlicensed winery is subject to the same limits, fees, requirements, restrictions, and penalties in W. Va. Code § 60-8-3(q).

7.8.2. The Commissioner may by rule or order provide for certain waivers or exceptions with respect to the provisions, rules, or orders required by the circumstances of each wine fair and festival.

7.8.3. The Commissioner may revoke or suspend any license issued pursuant to W. Va. Code § 60-8-3(h)(7) prior to any notice or hearing notwithstanding the provisions of W. Va. Code § 60-8-27 and §60-8-28.

7.8.4. Under no circumstances shall the provisions of W. Va. Code § 60-8-20(c) or §60-8-20(d) be waived nor shall any exception be granted with respect to those code sections.

7.8.5. An unlicensed winery may also attend and conduct samples at wine fair and festival or a special one-day nonprofit wine license subject to the requirements in W. Va. Code § 60-8-3(h)(2) and § 60-8-3(q).

7.9. Other and Sacramental Wine License. -- The Commissioner may grant licenses to persons to purchase wine at wholesale from or through the WVABCA for industrial, or scientific uses, or for use in institutions as provided in W. Va. Code § 60-6-5, and may, by special permit for such fee as the commission may fix, authorize transactions at wholesale for the purchase of alcohol for scientific, chemical, mechanical, or industrial purposes only; but, no license fee shall be required from institutions, departments, or agencies of the state government, or any political subdivision.

7.9.1. The Commissioner may issue, without fee, special permits authorizing religious organizations to purchase, upon orders approved by the commissioner, wine, at wholesale or retail, for sacramental purposes.

7.10. Note for all licenses in this section, applications and information can be found on the WVABCA website at www.abca.wv.gov.

Notes

W. Va. Code R. § 175-4-7

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7.1. Licensure application; form. -- The application for licensure as a private wine bed and breakfast shall be upon forms designated "Application for Private Wine Bed and Breakfast," See Commissioner's Forms on file at his offices.

7.2. Licensure application; content. -- The application shall include the following:

7.2.a. The name and address of the applicant restaurant and whether the applicant is an individual, corporation, partnership, association or other business entity;

7.2.b. The name, address, date of birth and length of West Virginia residency of the manager or steward;

7.2.c. The complete description, including photographs and a diagram of every room, of the proposed private wine bed and breakfast;

7.2.d. The name and address of the property owner, and if the property is leased, the expiration date of the lease;

7.2.e. Verification that the applicant's sole purpose is to provide, in a residential or country setting, a hotel, motel, inn or other such establishment properly zoned as to its municipality or local ordinances, that further provides lodging and meals to its customers in the course of their stay at the establishment, and further that the applicant is capable of providing and serving food or meals as defined in this subsection;

7.2.f. Verification that the place of business conforms to health and fire laws, rules or regulations and zoning ordinances;

7.2.g. Whether the premises is located within municipal boundaries, within one (1) mile of municipal boundaries, or within one (1) mile of the boundaries of two (2) or more municipalities and if so, the names of the municipalities;

7.2.h. Whether the applicant currently holds any other licenses for the premises, copies of which are to be submitted with the application;

7.2.i. If the applicant is an individual, whether he or she has attained the age of eighteen (18) years;

7.2.j. If the applicant is a partnership, association or other business entity, as to each member, whether such member has attained the age of eighteen (18) years;

7.2.k. If the applicant is a corporation, whether the person or persons who are or will be conducting or managing the business of the corporation have attained the age of eighteen (18) years;

7.2.l. Whether the applicant or any partner, member, manager, officer, director or person owning twenty percent (20%) or more of the stock or beneficial interest in the applicant has:

7.2.l.1. Been convicted of a felony or other crime involving moral turpitude within three (3) years next preceding the filing date of the application;

7.2.l.2. Been convicted of a violation of the liquor laws of any state or of the United States within two (2) years next preceding the filing date of the application; or

7.2.l.3. Had any license revoked under the liquor laws of any state or of the United States within five (5) years next preceding the filing date of the application;

7.2.m. If the applicant is a firm, partnership or association, the names, addresses, residence and length thereof and percentage of ownership of all persons having an ownership interest of twenty percent (20%) or more in the applicant; and

7.2.n. If the applicant is a corporation, the names, addresses and corporate title of all officers, and the name, address and age of each person having twenty percent (20%) or more of the stock or beneficial interest in the applicant.

7.3. The Commissioner shall conduct background investigations for the purpose of determining whether an applicant for a private wine bed and breakfast's license has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a private club license. For purposes of this paragraph, "background investigation:" means a security, criminal and credit investigation of an applicant who has applied for the issuance or renewal of a private club license pursuant article 7, chapter 60 of the W. Va. Code. The applicant will submit West Virginia Alcohol Beverage Control Administration Release of Information and Waiver of Confidentiality of Records Form ABCA-Lic.RIWCR.2 for this purpose. The applicant will also submit a full set of fingerprints to facilitate a criminal background check and the ABCC will request the state police to submit the fingerprints and identifying information to the Federal Bureau of Investigation for a national criminal history record check. The results of the fingerprint check will be returned to the West Virginia Lottery Commission and the Alcohol Beverage Control Commission. The applicant will reimburse the ABCC for all fees or charges that are incurred by the ABCC for the background investigation; and such other information as the Commissioner may require.

7.4. Licensure application; signature and acknowledgement required. Each application shall be signed by the applicant, made under oath and acknowledged or verified.

7.4.a. In the case of a partnership, the application shall be signed by each of the partners.

7.4.b. In the case of a limited partnership, the application shall be signed by each of the general partners and by each limited partner who owns twenty percent (20%) or more of the capital or profits of such limited partnership.

7.4.c. In the case of a voluntary association, each member of the governing board shall sign the application.

7.4.d. In the case of a corporation, the president or a vice president shall sign the application.

7.5. Corporate charter, partnership agreement or association bylaws required. - A corporation applying for licensure as a private wine bed and breakfast shall furnish with its application a copy of its corporate charter, including any amendments thereto. A partnership, limited partnership or association applying for a license shall provide a copy of the partnership agreement or a copy of the association's bylaws.

7.6. Fees.

7.6.a. The annual fee for a private wine bed and breakfast license is one hundred fifty dollars ($150).

7.6.a.1. If the application is filed at any time from July 1 through December 31, the fee shall pay the full annual fee, or one hundred fifty dollars ($150).

7.6.a.2. If the application is filed at any time from January 1 through June 30, the fee shall be one half (1/2) of the annual fee, or seventy-five dollars ($75).

7.6.b. The annual licensing period shall begin on July 1 of the year for which the application is made and shall end on June 30 of the following year.

7.6.c. The fees imposed by this subsection shall accompany the application and are payable to the Commissioner by certified check, cashier's check or money order.

7.6.d. A successful applicant shall only sell and serve wine, for consumption on the premises of the licensee, when such sale accompanies the serving of food or a meal to its members and their guests as defined in this section.

7.7. Investigations. -- Upon receipt of an application for licensure as a private wine bed and breakfast and of the fee, bond and other documents required to be provided with such application, the Commissioner shall make a thorough investigation to determine, among other things, whether the applicant, and any location and premise to be operated by the applicant qualify for licensure and whether granting a license will adversely affect the public welfare, health and morals.

7.8. Refusal of license. -- No license may be issued to any applicant who;

7.8.a. Submits an application for licensure containing any false statement;

7.8.b. Is affirmatively shown to be not a suitable person in the community or communities in which it operates or will operate. The Commissioner may refuse to grant any license if he or she has reasonable cause to believe that the applicant, any partner, member, or any corporate officer, director or manager on the application or shareholder owning twenty percent (20%) or more of its capital stock, or other person conducting or managing the affairs of the applicant or of the proposed licensed premises, in whole or in part:

7.8.b.1. Is not twenty-one (21) years of age or older;

7.8.b.2. Has been convicted of a felony or other crime involving moral turpitude within three (3) years next preceding the filing date of the application;

7.8.b.3. Has been convicted of violating the liquor laws of any state or the United States within two (2) years next preceding the filing date of the application;

7.8.b.4. Has had any license revoked under the liquor laws of any state or the United States within five (5) years next preceding the filing date of the application;

7.8.b.5. Is not a person of good moral character or repute;

7.8.b.6. Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business which have not been disclosed;

7.8.b.7. Does not possess or has not demonstrated sufficient financial responsibility to adequately meet the requirements of the business proposed to be licensed;

7.8.b.8. Has maintained a noisy, loud, disorderly or unsanitary establishment;

7.8.b.9. Has demonstrated, either by his or her police record or by his or her record as a former licensee under W. Va. Code Chapter 60, a lack of respect for law and order;

7.8.b.10. Is unable to speak, understand and read the English language in a reasonably satisfactory manner;

7.8.b.11. Is a person to whom alcoholic beverages may not be sold under the provisions of W. Va. Code Chapter 60;

7.8.b.12. Has the general reputation of drinking alcoholic beverages to excess, or is addicted to the use of alcohol or narcotics;

7.8.b.13. Is physically unable to carry on the business or has been adjudicated an incompetent; or

7.8.b.14. Is an officer or employee of the Alcohol Beverage Control Commissioner.

7.8.c. Fails to satisfy the requirements of the liquor laws, rules or the regulations of either this state, other states or of the United States.

7.9. License not transferable.

7.9.a. A license issued to a private wine bed and breakfast is valid only for the person, firm or corporation named thereon and only for the premises for which the license was sought and issued. The license is not transferable. If there is a change in beneficial ownership to the extent of twenty percent (20%) or less thereof, the licensee shall notify the Commissioner in writing any change in the beneficial ownership within ten (10) days next succeeding such transfer. If there is a change in the beneficial ownership in excess of twenty percent (20%), then such license shall be voided and the licensee must make application for a new license.

7.9.b. If there is any transfer in the beneficial ownership of any interest in a private wine bed and breakfast, the new owner of the beneficial interest must satisfy all of the requirements of the laws of the United States and of the laws, rule or regulations of the State of West Virginia.

7.10. Change of location. -- If any private wine bed and breakfast desires or intends to change the location of the premises for which the license is issued during the period for which the license is current, such private wine bed and breakfast shall notify the Commissioner in writing at least thirty (30) days next preceding the date of such relocation and the relocation may occur only upon the written approval of the Commissioner: Provided, That in the event of flood or fire, the Commissioner may waive the thirty (30) day notice upon request of the affected private wine bed and breakfast.

7.11. Licensure of private wine bed and breakfast as private club.

7.11.a. No person licensed as a private club may be issued a private wine bed and breakfast license if the business is to be conducted upon the same premises as the private club. This rule does not prohibit the holder of a private club license from holding or being a part owner in any private wine bed and breakfast whose business premises are totally separate, distinct and apart from the premises of the private club, as provided in the following subsection.

7.11.b. Connection between private wine bed and breakfast and private club prohibited. -- In the event a licensed retailer, private wine bed and breakfast, private wine restaurant, or private wine spa applicant is located within the same building or structure as a licensed private club, there may be no internal interconnection or door between the premises of the licensed retailer, private wine bed and breakfast, private wine restaurant or private wine spa and the premises of the licensed private club.

7.12. Transportation of wine by private wine bed and breakfast. -- A private wine bed and breakfast may not transport any wine unless the licensee has been issued a transportation permit by the Commissioner.

7.13. Transfers of wine between retailers prohibited. -- A person who operates more than one (1) private wine restaurant, private wine bed and breakfast, or private wine spa may transfer wine from one (1) such licensee to another private wine restaurant, private wine bed and breakfast or private wine spa. However, a private wine bed and breakfast may not transfer, sell or convey wine to a licensed retailer or to a private wine restaurant, private wine bed and breakfast, or private wine spa licensed to another person. A private wine bed and breakfast may purchase wine only from a distributor licensed pursuant to W. Va. Code § 60-8-1et seq., or a farm winery licensed pursuant to W. Va. Code § 60-8-1et seq.

7.14. Charts.

7.14.a. Blood alcohol chart. -- Each private wine bed and breakfast shall post in an open and prominent place within the licensed premises a blood alcohol chart in the form prescribed by W. Va. Code § 60-6-24.

7.14.b. Fetal alcohol syndrome chart. -- Each private wine bed breakfast shall post in an open and prominent place within the licensed premises a fetal alcohol syndrome chart in the form prescribed by W. Va. Code § 60-6-24.

7.15. Recork and reseal requirements. -- Each licensed private wine bed and breakfast may sell and serve wine, for consumption on the premises of the licensee and recork and reseal partially consumed wine when such sale accompanies the serving of food or a meal to its members and their guests, if the licensee:

7.15.a. Has verified, by checking proper identification, that the member or guest purchasing the wine is over twenty-one years of age so as consume the wine and recork or reseal the partially consumed wine bottle and carry it off premises;

7.15.b. Uses a one-time tamper resistant cork, seal or bagapproved by the Commissioner (with the Commissioner maintaining a list of approved tamper resistant corks, seals, or bags at his offices) to secure the partially consumed wine before the wine is taken off the private wine bed and breakfast's premises, and affixes a receipt to the sealed bottle or sealed bag so as to prevent the partially consumed wine from opening while in transit;

7.15.c. Recorks, seals or bags up to two separate bottles of partially consumed wine in conjunction with serving of food or a meal to its members and their guests for the purpose of consumption off premises;

7.15.d. Has provided the purchaser with food or a meal which the total price was, excluding beverage purchases, taxes, gratuity or other fees, at least fifteen dollars, and further that the private bed and breakfast has a suitable kitchen and dining facilities as specified in 175 CSR 2 §4.11.

Notes

W. Va. Code R. § 175-4-7