W. Va. Code R. § 176-1-3 - Licenses
3.1. General
License Requirement: Each person seeking to manufacture, tender, sell, possess
for sale, transport, distribute, or deliver nonintoxicating beer in the state
of West Virginia must first be licensed in accordance with W. Va. Code §
11-16-5.
Such licenses shall be valid for one (1) year for the period of July 1 through
June 30 of the following year.
3.1.a.
Following receipt of a completed application, on a form provided by the
Commissioner and as determined by the Commissioner, for a license containing
supplemental information as the Commissioner may require, the Commissioner may
conduct such investigation of an applicant as deemed necessary or desirable in
determining whether the applicant is qualified to receive a license.
3.1.b. The Commissioner will conduct
background investigations for the purpose of determining whether an applicant
and the applicant's manager has been charged with, indicted for, or convicted
of a crime that may have bearing upon the applicant's fitness to hold a retail
liquor license. For purposes of this paragraph, "background investigation"
means a criminal investigation of an applicant and the applicant's manager who
has applied for the issuance or renewal of a license. The applicant and the
applicant's manager will submit West Virginia Alcohol Beverage Control
Administration Release of Information and Waiver of Confidentiality of Records
Form as provided by the Commissioner. The applicant and the applicant's manager
will submit a full set of fingerprints to facilitate a criminal background
check and the Commissioner 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
checks will be returned to the ABCA.
3.1.c. The applicant will reimburse the ABCA
for all fees or charges that are incurred by the ABCA for a background
investigation undertaken pursuant to subdivision 3.1.b. of this rule.
3.1.d. A person may be licensed in only one
capacity as a brewer, distributor, or licensed retailer and there shall be no
connection or interest, direct or indirect, between such persons, except as
noted in section 3.7. A resident brewer may operate in a limited capacity as a
distributor when self-distributing the product it manufactures and from its
licensed place of manufacture.
3.1.e. Manager requirement. - No licenses
shall be given to any applicant or renewed for any licensee who has not listed
a manager on the applicant's license application, or a licensee's renewal
application, and further that the manager shall meet all other requirements of
licensure, including, but not limited to, United States citizenship or
naturalization, passing a background investigation, being at least 21 years of
age, not have been convicted of a felony in the previous five years before
application, not have been convicted of a crime involving fraud, dishonesty,
and deceit in the previous five years before application, not have been
convicted of a felony crime for violating alcohol-related distribution laws in
the previous five years before application, being capable of operating a bona
fide private club of good reputation in the community, where applicable, and
other requirements, all as set forth in the code and the legislative rules, in
order for the manager to be able to meet and conduct any regulatory matters,
including, but not limited to: licensure or enforcement matters related to the
applicant or licensee all in the interest of protecting public health and
safety and being a suitable applicant or licensee. In order to maintain active
licensure, any change by a licensee in any manager listed on a license or
renewal application shall be made immediately to the Commissioner, to verify
that the new manager meets licensure requirements.
3.1.f. Operational fee. - All brewers,
resident brewers, Class A retail dealers, Class B retail dealers, and
distributors shall pay, with their annual fee, an annual $100.00 non-prorated
and nonrefundable operational fee.
3.1.g. Reactivation fee. - A licensee that
fails to complete a renewal application and make payment of its annual license
fee in renewing its license on or before June 30 of any subsequent year, after
initial application, shall be charged an additional non-prorated and
nonrefundable $150.00 reactivation fee.
3.2. Brewer and Resident Brewer License: The
annual license fee for a brewer, or a brewer or resident brewer with a
principal place of business located in this state is $1,500.00 for each place
of manufacture, except as noted in subdivision 3.2.d.
3.2.a. If the period of the original license
for the principle place of business or for a warehouse commences on or after
January 1 of any year, the license fee for the facility is $750.00.
3.2.b. No brewer or manufacturer shall offer
for sale, sell, consign, ship, or deliver nonintoxicating beer into this state
except to a duly licensed distributor for delivery at the distributor's place
of business.
3.2.c. A resident
brewer may act as a distributor in a limited capacity for up to 10,000 barrels
of his or her own products produced at its brewery and place of manufacture. A
resident brewer shall, on a form provided by the Commissioner, provide
information on the amount of its barrel and gallon production as required by
the Commissioner. Nothing in this subdivision shall prevent a resident brewer
or brewer from using the services of licensed distributors as specified in W.
Va. Code §
11-16-1
et seq. and this rule. A resident brewer acting in the limited
capacity of a distributor for up to 10,000 barrels of his or her own
nonintoxicating beer products produced at its brewery and place of manufacture
annually, shall meet the distributor requirements in subsection 6.3 of this
rule.
3.2.d. The annual license fee
for a brewer or resident brewer with its principal place of business and
manufacture located in the state of West Virginia and who produces:
3.2.d.1. 12,500 barrels or less of
nonintoxicating beer or nonintoxicating craft beer, the annual license fee is
$500.00 for each place of manufacture;
3.2.d.2. 12,501 barrels and up 25,000 barrels
of nonintoxicating beer or nonintoxicating craft beer, the annual license fee
is $1,000.00 for each place of manufacture; or
3.2.d.3. 25,001 barrels or more of
nonintoxicating beer or nonintoxicating craft beer, the annual license fee is
$1,500.00 for each place of manufacture.
3.2.e. In order to determine the correct
license fee for a brewer or resident brewer with its principal place of
business and manufacture located in the state of West Virginia, as set forth in
subsection 3.2.d. above, said brewer or resident brewer shall:
3.2.e.1. Provide the Commissioner, on a form
provided by the Commissioner, with an estimate of the number of nonintoxicating
beer or nonintoxicating craft beer barrels and gallons it will produce during
the year based upon the production capacity of the brewer's or resident
brewer's manufacturing facilities, and the prior year's production and sales
volume of nonintoxicating beer or nonintoxicating craft beer with the
submission of a new license application prior to licensure or for licensees
upon the submission of a license renewal application;
3.2.e.2. File a final report on or before
July 15 of each year, on a form provided by the Commissioner, that is dated as
of June 30 of each year, stating the actual volume of nonintoxicating beer or
nonintoxicating craft beer in barrels and gallons produced at its principal
place of business and manufacture during the prior year;
3.2.e.3. Include a remittance for the balance
of the license fee pursuant to this subsection that would be required for any
final higher level of production, if the actual total production of
nonintoxicating beer or nonintoxicating craft beer by the brewer or resident
brewer exceeded the brewer's or resident brewer's estimate that was filed with
the license application or license renewal application for that
period;
3.2.e.4. Only a brewer
whose place of manufacture is located in West Virginia is permitted to contract
brew or brew on contract nonintoxicating beer, nonintoxicating craft beer, or
non-alcoholic beer for a second party or possibly other parties who may or may
not be located in West Virginia, of whom one party who is either the importer
or brand owner must obtain a brewer license in West Virginia to provide the
party or parties' nonintoxicating beer, nonintoxicating craft beer, or
non-alcoholic beer for sale in West Virginia;
3.2.e.4.A. The written agreement between the
actual brewer whose place of manufacture is located in West Virginia must be
provided to the Commissioner for review and the actual brewer, owner of the
brand, the importer of the brand, and all parties must be identified in the
written agreement or other documentation submitted to the
Commissioner.
3.2.e.4.B. No
resident brewer may contract brew or brew under contract.
3.2.e.4.C. The party that obtains a brewer's
license as an importer of a brand or brand owner shall submit the label(s) and
brand(s) for registration and shall be licensed as a brewer for the payment of
all beer barrel taxes, unless not operating in West Virginia, then the actual
brewer shall make payment of all beer barrel taxes. Only one brewer's license
is permitted per brand.
3.2.e.4.D.
Contract brewing shall not be used as an arrangement to circumvent any
franchise agreement or franchise distributor network.
3.2.e.5. A brewer or resident brewer that
brews or a distributor that distributes non-alcoholic beer containing less than
0.5% alcohol by volume must, prior to any sale in West Virginia, submit the
brand or brands for verification of the non-alcoholic claims and status to the
Commissioner, on a form provided by the Commissioner; and
3.2.e.5.A. Non-alcoholic beer must meet
federal labeling requirements for 0.00% beer or for beer less than 0.5% alcohol
by volume.
3.2.e.5.B. All labeling
shall clearly convey the non-alcoholic nature of the non-alcoholic
beer.
3.2.e.6.
Collaboration nonintoxicating beer or nonintoxicating craft beer.
3.2.e.6.A. Any brewer or resident brewer
collaborating with another brewer, resident brewer, or a third party (not a
licensee) must provide the WVABCA a written agreement that sets forth which
brewer, resident brewer, or third party shall be the owner and have all rights,
title, and interest in the nonintoxicating beer or nonintoxicating craft beer
recipe and brand. There cannot be a mutual ownership. The brewer, resident
brewer, or third party that owns the brand shall have primary placement of logo
and markings on any bottle or cans, and the actual brewer must be listed on the
brands label as the actual brewer of the nonintoxicating beer or
nonintoxicating craft beer with no logo or trademark permitted on the label. In
no way shall this section be construed to permit private label nonintoxicating
beer or nonintoxicating craft beer brands.
3.2.f. License Application: An applicant
shall submit a verified application (provided by the Commissioner) to the
Commissioner, which shall state:
3.2.f.1. the
name of the applicant, where incorporated and the date incorporated;
3.2.f.2. the applicant's federal
identification number or social security number;
3.2.f.3. the address of the applicant's main
office;
3.2.f.4. the names and
respective addresses of the applicant's partners, members, owners,
shareholders, manager or for a corporation, its officers and
directors;
3.2.f.5. the date the
applicant qualified to transact business in this state and a copy from the West
Virginia Secretary of State authorizing the applicant to transact business in
the state;
3.2.f.6. the applicant
is in good standing with the Tax commissioner by providing a written letter or
document from the Tax Commissioner;
3.2.f.7. the applicant is in compliance with
unemployment compensation and workers' compensation, and if necessary will
provide any proof or support required by the Commissioner; and,
3.2.f.8. any other information required by
the Commissioner.
3.2.g.
Bonds: There shall be no bond for a brewer, resident brewer, distributor, any
Class S license, or a brewpub.
3.2.h. A resident brewer and brewer shall
meet the requirements in subsection 3.6 of this rule where
applicable.
3.2.i. Any brewer or
resident brewer located in the state of West Virginia who fails to file the
reports required in subdivisions 3.2.d and 3.2.e., shall be required to pay the
$1,500.00 annual license fee.
3.2.j. A licensed brewer or resident brewer
with its principal place of business and manufacture located in the state of
West Virginia may offer tours during normal hours of operation per subdivisions
6.1.a., of this rule.
3.2.k. A
licensed brewer or resident brewer with its principal place of business and
manufacture located in the state of West Virginia may offer limited
complimentary samples of nonintoxicating beer or nonintoxicating craft beer
brewed at the brewer's or resident brewer's principal place of business and
manufacture in accordance with the W. Va. Code §
11-16-6a
and this rule.
3.2.l. A brewer or
resident brewer, licensed under the Code and this rule, may separately apply,
pay, and, if qualified, receive other manufacturing licenses specified in W.
Va. Code §
60-4-2,
such as a distillery or winery license.
3.3. Foreign Corporation Brewer's License
Application: A foreign corporation seeking a West Virginia brewer's license
shall submit a verified application to the Commissioner, which shall state:
3.3.a. the name of the corporation and the
state where incorporated;
3.3.b.
the date incorporated;
3.3.c. the
address of the corporation's main office;
3.3.d. the names and respective addresses of
the corporation's officers and directors, and also its manager;
3.3.e. the date the corporation qualified to
transact business in this state;
3.3.f. the applicant is in good standing with
the Tax Commissioner based on a written letter or document provided by the Tax
Commissioner;
3.3.g. the applicant
is in compliance with unemployment compensation and workers' compensation and,
if necessary, will provide any proof or support required by the Commissioner;
and,
3.3.h. any other information
required by the Commissioner.
3.4. A foreign corporation seeking a West
Virginia brewer's license shall meet the requirements in subsection 3.6 of this
rule and also provide the following to the Commissioner:
3.4.a. A certified copy of the certificate of
authority issued by the Secretary of State authorizing the corporation to
transact business in this state; and,
3.4.b. A certified copy of the corporation's
most recent charter.
3.5. The annual license fee for a brewer's
license for a foreign corporation selling nonintoxicating beer in this state,
regardless of where its principal place of business is located, is $1,500.00.
3.5.a. If the period the original license
commences is on or after January 1 of any year, the license fee is
$750.00.
3.6.
Distributor, Class A, and Class B Licenses: The following information must be
provided on the application form provided by the Commissioner for a
distributor, Class A, or Class B license:
3.6.a. The name, residence, and certification
of the applicant and the applicant's manager;
3.6.a.1. If the applicant is an individual,
that the applicant and the applicant's manager must be at least 21 years of age
and list the state of residence of the applicant and the applicant's manager.
If claiming West Virginia residency each shall have the requisite proof to show
that the applicant or the applicant's manager are a resident of West
Virginia;
3.6.a.2. If the applicant
is a firm, association, partnership, limited partnership, limited liability
company, or corporation, the application shall include the residence of the
members or officers: Provided, that if a corporation applies for a Class A or
Class B license, the officers, agents, or employees who shall manage and be in
charge of the licensed premises must possess all of the requirements of an
individual applicant for a licensed retailer's license: Provided further, that
if a limited liability company applies for a Class A or Class B license, the
agents, employees, or members who shall manage and be in charge of the licensed
premises must possess all of the requirements of an individual applicant for a
licensed retailer's license;
3.6.a.3. If the application is for a
distributor license, the application shall state that the person, or for a
firm, partnership, limited partnership, limited liability company, association,
corporation, or trust or has a trust as an owner, the members, officers,
trustees, or other persons in active control of the activities of the limited
liability company, association, corporation, or trust;
3.6.a.4. If the applicant for a distributor's
license is a trust or has a trust as an owner, the trustees or other persons in
active control of the activities of the trust relating to the license shall
provide a certification of trust as described W. Va. Code §
44D-10-1013.
This certification of trust shall include the excerpts described in W. Va. Code
§
44D-10-1013(e)
and shall further state, under oath, the names, addresses, Social Security
numbers, and birth dates of the beneficiaries of the trust and certify that the
trustee and beneficiaries are 21 years of age or older. If a beneficiary is not
21 years of age, the certification of trust must state that such beneficiary's
interest in the trust is represented by a trustee, parent or legal guardian who
is 21 years of age and who will direct all actions on behalf of such
beneficiary related to the trust with respect to the distributor license until
the beneficiary is at least 21 years of age. Any beneficiary who is not 21
years of age or older shall have his or her trustee, parent, or legal guardian
include in the certification of trust and state under oath his or her name,
address, Social Security number, and birth date.
3.6.b. The place of birth of the applicant
and the applicant's manager. That the applicant and the applicant's manager are
citizens of the United States, of good moral character, and if naturalized when
and where naturalized;
3.6.b.1. If the
applicant is a corporation, the application must state when and where
incorporated, the name and address of each officer and manager, and that each
officer and manager is a United States citizen and has not been convicted of a
felony in the previous five years before application, has not been convicted of
a crime involving fraud, dishonesty, and deceit in the previous five years
before application, and has not been convicted of a felony crime for violating
alcohol-related distribution laws in the previous five years before
application;
3.6.b.2. If the
applicant is a firm, association, limited liability company, partnership,
limited partnership, trust, or has a trust as an owner, the application shall
provide the place of birth of each member of the firm, association, limited
liability company, partnership, or limited partnership and the trustees,
beneficiaries, manager, or other persons in active control of the activities of
the trust relating to the license and that each member or trustee, beneficiary,
or other persons in active control of the activities of the trust is a United
States citizen and if naturalized, when and where, and each member must qualify
and sign the application;
3.6.c. The particular place for which the
license is desired and a detailed description of the place, the description
shall include the size and nature of the facilities operated by the applicant
and the specific proportions of any structure used in conjunction with other
purposes that will constitute the licensed premises;
3.6.d. The name of the owner of the building
and if the owner is not the applicant, that a statement that the applicant is
the actual and bona fide lessee of the premises;
3.6.e. Verification that the place or
building in which the proposed business will be located:
3.6.e.1. conforms to all applicable health,
fire, safety, and zoning regulations;
3.6.e.2. is a safe and proper place or
building; and,
3.6.e.3. is not
within 300 feet of a church or school, measured from front door to front door,
along the street or streets; Provided:
3.6.e.3.A. that this requirement does not
apply to Class B license, or any place occupied by a licensed retailer so long
as that place is continuously so occupied; and,
3.6.e.3.B. that this requirement does not
apply to a college or university that has notified the Commissioner, in
writing, that it has no objection to the location of the proposed business;
and
3.6.e.3.C. that this
requirement does not apply to a school or church that has notified the
Commissioner, in writing, that it has not objection to the location of a
proposed business.
3.6.f. That the applicant and the applicant's
manager are not incarcerated and have not been convicted of a felony or other
crime involving moral turpitude. An applicant or an applicant's manager who has
been convicted of a felony or other crime involving moral turpitude shall not
be eligible for licensure until five (5) years after successfully completing
all conditions of probation, discharge from parole supervision, or expiration
of sentence;
3.6.g. That the
applicant is and shall remain for the license period the only person with a
pecuniary interest in the business to be licensed, and no other person is
pecuniarily interested during the license period;
3.6.h. That the applicant and the applicant's
manager have not during the five (5) years preceding the application date had a
nonintoxicating beer license revoked;
3.6.i. In the case of an applicant for a
distributor license that is a trust or has a trust as an owner, a distributor
license may be issued only upon submission by the trustees or other persons in
active control of the activities of the trust relating to the distributor
license of a true and correct copy of the written trust instrument to the
Commissioner for his or her review. Notwithstanding any provision of law to the
contrary, the copy of the written trust instrument submitted to the
Commissioner pursuant to this rule is confidential and is not a public record
and is not available for release pursuant to the West Virginia Freedom of
Information Act, W. Va. Code §
29B-1-1
et seq.;
3.6.j.
That the applicant and the applicant's manager have not been convicted of a
felony in the previous five years before application, have not been convicted
of a crime involving fraud, dishonesty, or deceit in the previous five years
before application, and have not been convicted of a felony crime violating
alcohol-related distribution laws in the previous five years before application
to be licensed;
3.6.k. That the
applicant and the applicant's manager have made no false statements or material
misrepresentations in the application and licensure process, or after
licensure, and further that all information provided in the application and
submitted to the Commissioner shall be true and correct;
3.6.l. That the applicant and the applicant's
manager are not involved in hidden ownership with an applicant or
licensee;
3.6.m. That the applicant
and the applicant's manager have not failed to disclose any person or persons
with a pecuniary interest in the applicant or licensee;
3.6.n. That the applicant and the applicant's
manager have not omitted any pertinent or relevant information in the
application or licensure process; and
3.6.o. That the applicant and the applicant's
manager have not failed to fully complete the application or license renewal
form, as determined by the Commissioner.
3.7. A Brewpub is a Class A license available
to only resident brewers for on-premises sales. All applicants must meet the
requirements of a Class A license applicant under section 3 of this rule.
Further, a resident brewer who is also licensed as a brewpub may apply
separately and, if qualified under the Code and rules, be licensed as a tavern
or Class A retail dealer per the requirements of this rule and W. Va. Code
§
11-16-1
et seq., private manufacturer club per the requirements of W.
Va. Code §
60-7-1
et seq., a private wine restaurant per the requirements of W.
Va. Code §
60-8-1
et seq, or may apply separately and, if qualified and in good
standing with the Commissioner, pay all applicable fees and receive a Class S
or S1 license per W. Va. Code §
11-16-11
or §
11-16-11b
and meet all other Class S or S1 license requirements. The brewpub license fee
is $500.00. A brewpub may not be licensed as a private club bar or private club
restaurant.
3.8. Refusal of
License: The Commissioner shall refuse to issue a brewer, resident brewer,
brewpub, foreign corporation brewer, distributor, Class A or Class B license if
the applicant or the applicant's manager:
3.8.a. fails to satisfy any of the
requirements of section 3;
3.8.b. has engaged in conduct declared to be
unlawful by W. Va. Code §
11-16-1
et seq.;
3.8.c.
has not been convicted of a felony in the previous five years before
application, has not been convicted of a crime involving fraud, dishonesty, or
deceit in the previous five years before application, and has not been
convicted of a felony crime violating alcohol-related distribution laws in the
previous five years before application to be licensed; or
3.8.d. is or has a manager, owner, employee,
or person, in a contractual relationship to provide goods or services to the
applicant or licensee, who is an employee of the Commissioner.
3.9. Additional Requirements and
Investigation: The Commissioner may require any additional information from an
applicant or an applicant's manager for a brewer, resident brewer, brewpub,
foreign corporation brewer, distributor, Class A license, or Class B license
and may conduct any investigation of the applicant, the applicant's manager, or
the proposed place of business as the Commissioner may determine is necessary:
3.9.a. The applicant will provide a letter of
good standing from the Tax commissioner;
3.9.b. The applicant will provide proof of
compliance with unemployment compensation and workers' compensation;
3.9.c. The applicant or the applicant's
manager will provide any other information required by the
Commissioner;
3.9.d. Bond. All
Class A license applicants and licensees, except for a brewpub, shall furnish a
$1,000 bond from a solvent surety company that upon penalty and failure to pay
or serve a penalty, suspension, and failure to serve a suspension, or
revocation that the sum shall be due and payable by the surety to the State of
West Virginia for the applicant or licensee's failure to faithfully observe the
provisions of the W.Va. Code §
11-16-1
et seq., this rule, the Commissioner's regulations, and
orders, and any other laws of the State of West Virginia generally relating to
the distribution, sale, or delivery of nonintoxicating beer. The bond term
shall be for the applicable license period from July 1 to June 30 of the
applicable year; and
3.9.e. The
Commissioner, as necessary and advisable, may, withhold the granting or refusal
of license when conducting additional investigation of an applicant, manager,
or of the place to be occupied for a 30 day period or until the applicant has
completed the conditions of licensure set forth by the Commissioner, and such
delay for an additional investigation shall be communicated to the
applicant.
3.10. Annual
License Fees: Annual license fees are as follows:
3.10.a. Class A licensee: $150.00 for each
place of business;
3.10.b. Class A
licensee: for each social, fraternal or nonprofit club in continuous operation
for two (2) or more years immediately preceding the application date --
$150.00;
3.10.c. Class A licensee:
for each railroad dining, club or buffet car in which nonintoxicating beer will
be dispensed -- $10.00 for each car;
3.10.d. Class B licensee: $150.00 for each
place of business;
3.10.e.
Distributor: $1,000.00 for each place of business;
3.10.f. Brewer: $1,500.00 for each location,
unless requirements are met at section 3.2., of this rule;
3.10.g. Foreign Corporation Brewer: $1,500.00
for each location;
3.10.h. Resident
Brewer: $1,500.00 for each location, unless requirements are met at section
3.2., of this rule; and
3.10.i.
Brewpub: $500.00 for each location.
3.11. Class S License, Class S1 License, the
Nonintoxicating Beer Floorplan Extension, and additional licenses.
3.11.a. Class S License. An applicant shall
submit the application, as provided by the Commissioner, for a Class S license
to the Commissioner at least 30 days before the first day upon which
nonintoxicating beer is to be sold at a fair or festival or other special event
approved by the Commissioner. Any time a Class S license is obtained, the
licensee is required to notify in writing all distributors in the area where
the fair, festival or special event will occur in order that all distributors
are provided the opportunity to participate.
3.11.a.1. The Commissioner may issue a Class
S license for a term of no longer than 10 consecutive days.
3.11.a.2. The license fee for a Class S
license is $250.00.
3.11.b. Class S1 License. An applicant shall
submit the application, as provided by the Commissioner, at least 15 days prior
to the event to the Commissioner for a Class S1 license for the retail sale of
nonintoxicating beer and nonintoxicating craft beer by a duly-organized
nonprofit corporation, limited liability entity, or an association having
received federal tax exempt status allowing the sale and serving of
nonintoxicating beer or nonintoxicating craft beer when raising money for
artistic, athletic, charitable, educational, or religious purposes.
3.11.b.1 The special license S1 shall be
issued for a term no longer than one day.
3.11.b.2. No more than six licenses may be
issued to any single licensee during any calendar year.
3.11.b.3. The Commissioner may not charge a
fee to the applicant that meets requirements for licensure.
3.11.b.4. The license application shall
contain a copy of the documents showing approved federal tax-exempt status and
other information required by the Commissioner.
3.11.b.5. Nonintoxicating beer served and
sold during the event shall be purchased from a licensed distributor or
resident brewer acting in the limited capacity of a distributor for its own
products, that services the location where the festival, fair, or other event
is occurring. All distributors and resident brewers in the area must be
notified in writing by mail, facsimile or electronic mail of the event in
advance and be presented with the opportunity to participate in the
event.
3.11.b.6. Licensed
representatives of distributors, brewers, or resident brewers may attend the
one-day event and discuss their products, but may not engage in the serving or
selling of the nonintoxicating beer or nonintoxicating craft beer. A licensee
licensed by this section may use bona fide employees or volunteers of the
charitable entity to sell and serve nonintoxicating beer and nonintoxicating
craft beer.
3.11.c. A
license issued under the provisions of section 3.11.a. or section 3.11.b. and
the licensee holding the license are subject to all other provisions of W. Va.
Code § 11-16-1et seq., and the rules and orders of the
Commissioner relating to the special license: Provided, That the Commissioner
may by rule or order allow certain waivers or exceptions with respect to those
provisions, rules, or orders as the circumstances of each event requires,
including, without limitation, the right to revoke or suspend any license
issued pursuant to this section prior to any notice or hearing notwithstanding
the provisions of W. Va. Code §
11-16-24:
Provided, however, That under no circumstances may the provisions W. Va. Code
§
11-16-18(a)(1),
§ 11-16-18(a)(2), or § 11-16-18(a)(3), be waived or an exception
granted.
3.11.d. Nonintoxicating
Beer Floorplan Extension. A Class A retail dealer may apply to the Commissioner
(on a form provided by the Commissioner) to conduct a nonintoxicating beer
event using a temporary one day nonintoxicating beer floor plan extension
permit which would authorize the sale and consumption of nonintoxicating beer
within a bounded area that is contiguous to the licensee's licensed premises
and existing floorplan.
3.11.d.1. The permit
shall be issued for a term no longer than one day.
3.11.d.2. The license fee per event for a
nonintoxicating beer floor plan extension is $50, and the fee may not be
prorated or refunded, and must be accompanied with a license application,
certification that the event meets certain requirements in the code and rules,
and such other information as the Commissioner may reasonably
require.
3.11.e. Class B
Retail Dealer Grocery Store - Curbside Delivery with mobile application or web
based sales. An applicant shall submit the application, as provided by the
Commissioner, to permit a grocery store containing over $100,000 of fresh
produce and saleable food and food products fit for human consumption, in a
combination of displayed and stored inventory, for a Class B license privilege
granting the licensee the ability to complete the sale of such nonintoxicating
beer or nonintoxicating craft beer in the original sealed container for
off-premises consumption to a person purchasing the nonintoxicating beer or
nonintoxicating craft beer from a vehicle. The applicant will be required to
meet all requirements in the rule and the Code.
3.11.e.1. The Class B retail dealer for a
grocery store curbside delivery license privilege permit, nonrefundable and
non-prorated, annual fee is $250.
3.11.e.2. For a Class B retail dealer that is
not a grocery store as set forth in 3.11.e., of this rule, curbside in-person
or in-vehicle delivery of nonintoxicating beer or nonintoxicating craft beer in
a sealed bottle, can, pouch, or beer growler is not permitted.
3.11.f. Class A Delivery License
and Third Party Delivery License from a Class A Licensee.
3.11.f.1. A Class A retail dealer who is
licensed to sell nonintoxicating beer or nonintoxicating craft beer may apply
for a nonintoxicating beer or nonintoxicating craft beer delivery license
permitting the order, sale, and delivery of nonintoxicating beer or
nonintoxicating craft beer in a sealed original container of bottles or cans,
and sealed growlers, when separately licensed for growler sales. The applicant
will be required to meet all requirements in the rule and the Code.
3.11.f.1.A. The order, sale, and delivery of
nonintoxicating beer or nonintoxicating craft beer is permitted for
off-premises consumption when completed by the licensee or the licensee's
employees to a person purchasing the nonintoxicating beer or nonintoxicating
craft beer by telephone, a mobile ordering application, or a web-based software
program, as authorized by the licensee's license.
3.11.f.1.B. There is no additional fee for
licensed Class A retail dealers to obtain a nonintoxicating beer or
nonintoxicating craft beer delivery license.
3.11.f.2. A third party, not licensed for
nonintoxicating beer or nonintoxicating craft beer sales or distribution, may
apply for a nonintoxicating beer or nonintoxicating craft beer delivery license
for the privilege and convenience to offer ordering and delivery services of
nonintoxicating beer or nonintoxicating craft beer in the sealed original
container of bottles or cans, and sealed growlers, from a licensee with a
growler license.
3.11.f.2.A. The order, sale,
and delivery of nonintoxicating beer or nonintoxicating craft beer is permitted
for off-premises consumption when the Class A retail dealer sells to a person
purchasing the nonintoxicating beer or nonintoxicating craft beer through
telephone orders, a mobile ordering application, or a web-based software
program.
3.11.f.2.B. The annual
nonintoxicating beer or nonintoxicating craft beer delivery license
non-prorated and nonrefundable fee is $200 per third party entity, with no
limit on the number of drivers and vehicles.
3.11.f.3. The nonintoxicating beer or
nonintoxicating craft beer delivery license application for a Class A or a
third party shall comply with licensure requirements in W. Va. Code §
11-16-8,
and this rule, and further shall require any information as reasonably required
by the Commissioner.
3.11.f.4. Sale
Requirements - Nonintoxicating beer or nonintoxicating craft beer purchases
must accompany the purchase of prepared food or meal, must not be in excess of
384 fluid ounces, and must be purchased by someone at least 21 years of age and
not noticeably or visibly intoxicated. All sales must be in accordance with
requirements in W. Va. Code §
11-16-6d(d).
3.11.f.5. Delivery Requirements - Delivery of
nonintoxicating beer or nonintoxicating craft beer must accompany the delivery
of prepared food or meal and must be delivered to the person placing the order
for delivery. Delivery drivers must verify the age of the person accepting the
delivery and may not complete the delivery if the person accepting the delivery
is noticeably or visibly intoxicated. If delivery cannot be completed, the
delivery driver may leave the prepared food or meal at the door but must return
any nonintoxicating beer or nonintoxicating craft beer to the licensee. All
delivery of nonintoxicating beer or nonintoxicating craft beer must be in
accordance with requirements in W. Va. Code §
11-16-6d(e).
3.11.f.6. Telephone, mobile ordering
application, or web-based software requirements: The delivery person may only
permit the person who placed the order through a telephone, mobile ordering
application, or web-based software to accept the delivery of food and
nonintoxicating beer or nonintoxicating craft beer and the delivery driver must
verify the person's legal identification to ensure the person accepting the
delivery is at least 21 years of age. A record of the delivery and of verifying
the person's identification must be created and retained for at least 3 years.
3.11.f.6.A. All records are subject to
inspection by the Commissioner. A Class A retail dealer or third party delivery
licensee shall retain all records for three years, and may not unreasonably
withhold the records from the Commissioner's inspection; and
3.11.f.6.B. Each vehicle delivering
nonintoxicating beer or nonintoxicating craft beer must be issued a retail
transportation permit per W. Va. Code §
11-16-6d(g)
and section 3.21.
3.11.f.7. A Retail Transportation Permit
shall meet the requirements in this section and section 3.21.
3.11.g. Class B Delivery License
and Third Party Delivery License from a Class B Licensee.
3.11.g.1. A Class B retail dealer who is
licensed to sell nonintoxicating beer or nonintoxicating craft beer may apply
for a nonintoxicating beer or nonintoxicating craft beer delivery license
permitting the order, sale, and delivery of nonintoxicating beer or
nonintoxicating craft beer in a sealed original container of bottles or cans,
and sealed growlers, when separately licensed for growler sales. The applicant
shall meet all applicable requirements in the Code and this rule.
3.11.g.1.A. The order, sale, and delivery of
nonintoxicating beer or nonintoxicating craft beer is permitted for
off-premises consumption when completed by the licensee or the licensee's
employees to a person purchasing the nonintoxicating beer or nonintoxicating
craft beer by a telephone, a mobile ordering application, or web-based software
program, as authorized by the licensee's license.
3.11.g.1.B. There is no additional fee for
licensed Class B retail dealers to obtain a nonintoxicating beer or
nonintoxicating craft beer delivery license.
3.11.g.2. A third party, not licensed for
nonintoxicating beer or nonintoxicating craft beer sales or distribution, may
apply for a nonintoxicating beer or nonintoxicating craft beer delivery license
for the privilege and convenience to offer ordering and delivery services of
nonintoxicating beer or nonintoxicating craft beer in the sealed original
container of bottles or cans, and sealed growlers, from a licensee with a
growler license.
3.11.g.2.A. The order, sale,
and delivery of nonintoxicating beer or nonintoxicating craft beer is permitted
for off-premises consumption when the Class B retail dealer sells to a person
purchasing the nonintoxicating beer or nonintoxicating craft beer through a
telephone order, a mobile ordering application, or web-based software
program.
3.11.g.2.B. The
nonintoxicating beer or nonintoxicating craft beer delivery annual non-prorated
and nonrefundable license fee is $200 per third party licensee, with no limit
on the number of drivers and vehicles.
3.11.g.3. The nonintoxicating beer or
nonintoxicating craft beer delivery license application for a Class B and a
third party shall comply with licensure requirements in W. Va. Code §
11-16-8
and shall require any information as reasonably required by the
Commissioner.
3.11.g.4. Sale
Requirements - Nonintoxicating beer or nonintoxicating craft beer purchases
must accompany the purchase of prepared food or meal, must not be in excess of
384 fluid ounces, and must be purchased by someone at least 21 years of age and
not noticeably or visibly intoxicated. All sales must be in accordance with
requirements in W. Va. Code §
11-16-6f(d).
3.11.g.5. Delivery Requirements - Delivery of
nonintoxicating beer or nonintoxicating craft beer must accompany the delivery
of prepared food or meal and must be delivered to the person placing the order
for delivery. Delivery drivers must verify the age of the person accepting the
delivery and may not complete the delivery if the person accepting the delivery
is noticeably or visibly intoxicated. If delivery cannot be completed, the
delivery driver may leave the prepared food or meal at the door but must return
any nonintoxicating beer or nonintoxicating craft beer to the licensee. All
delivery of nonintoxicating beer or nonintoxicating craft beer must be in
accordance with requirements in W. Va. Code §
11-16-6f(e).
3.11.g.6. Telephone, mobile ordering
application, or web-based software requirements: The delivery person may only
permit the person who placed the order through a telephone, mobile ordering
application, or web-based software to accept the delivery of food and
nonintoxicating beer or nonintoxicating craft beer and the delivery driver must
verify the person's legal identification to ensure the person accepting the
delivery is at least 21 years of age. A record of the delivery and of verifying
the person's identification must be created and retained for at least 3 years.
3.11.g.6.A. All records are subject to
inspection by the Commissioner. A Class B retail dealer and a third party
licensee shall retain all records for three years, and may not unreasonably
withhold the records from the Commissioner's inspection; and
3.11.g.6.B. Each vehicle delivering
nonintoxicating beer or nonintoxicating craft beer shall be issued a retail
transportation permit in accordance with W. Va. Code §
11-16-6f(g).
3.11.g.7. A Retail Transportation
Permit shall meet the requirements in this section and section 3.21., and the
Code.
3.11.h.
Nonintoxicating Beer or Nonintoxicating Craft Beer Outdoor Dining Area.
3.11.h.1. A Class A retail dealer, in good
standing with the Commissioner, may apply, on a form provided by the
Commissioner, to sell, serve, and furnish nonintoxicating beer or
nonintoxicating craft beer for on-premises consumption in an outdoor dining
area, as authorized by any municipal government or county commission in the
which the licensee operates.
3.11.h.2 The Class A retail dealer shall
submit to the municipal government or county commission, for approval, a
revised floorplan and a request to sell and serve nonintoxicating beer or
nonintoxicating craft beer, subject to the Commissioner's requirements, in an
approved outdoor dining area in accordance with W. Va. Code §
11-16-9.
The Commissioner may supply a form for municipality or county commission
approval of outdoor dining.
3.11.h.3. Any licensee not using the approved
outdoor area for dining purposes, as determined by the Commissioner shall be
subject to penalties under this rule and W. Va. Code §
11-16-1
et seq. Outdoor dining is intended for dining only and not a
fair, festival, or other outdoor event. The Commissioner may approve
entertainment, however, if the Commissioner denies entertainment the
Commissioner must provide an explanation for denying such
entertainment.
3.11.i.
Nonintoxicating Beer or Nonintoxicating Craft Beer Outdoor Street Dining Area.
3.11.i.1. A Class A retail dealer, in good
standing with the Commissioner, may apply, on a form provided by the
Commissioner, to sell, serve, and furnish nonintoxicating beer or
nonintoxicating craft beer for on-premises consumption in an outdoor street
dining area, as authorized by any municipal government or county commission in
the which the licensee operates.
3.11.i.2. The Class A retail dealer shall
submit to the municipal government or county commission, for approval, a
revised floorplan and a request to sell and serve nonintoxicating beer or
nonintoxicating craft beer, subject to the Commissioner's requirements, in an
approved outdoor area in accordance with W. Va. Code §
11-16-9.
The Commissioner may supply a form for municipality or county commission
approval of outdoor dining.
3.11.i.3. Any licensee not using the approved
outdoor area for street dining purposes, as determined by the Commissioner
shall be subject to penalties under this rule and W. Va. Code §
11-16-1
et seq. Outdoor street dining is intended for dining only and
not a fair, festival, or other outdoor event. The Commissioner may approve
entertainment, however, if the Commissioner denies entertainment the
Commissioner must provide an explanation for denying such
entertainment..
3.11.j.
Sale and shipment of nonintoxicating beer or nonintoxicating craft beer by a
brewer or resident brewer.
3.11.j.1.
Authorization. - Any person that is currently licensed and in good standing in
its domicile state as a brewer, resident brewer, other nonintoxicating beer or
nonintoxicating craft beer manufacturer, and who also obtains a nonintoxicating
beer or nonintoxicating craft beer direct shipper's license from the
Commissioner, as provided in this article, may sell and ship nonintoxicating
beer or nonintoxicating craft beer brewed by the brewer, resident brewer, other
nonintoxicating beer or nonintoxicating craft beer manufacturer by mail to a
purchasing person who is 21 years of age or older, for personal use, and not
for resale. Once licensed, a nonintoxicating beer or nonintoxicating craft beer
direct shipper may ship nonintoxicating beer or nonintoxicating craft beer by
mail to a purchasing person who is 21 years of age or older who purchases
nonintoxicating beer or nonintoxicating craft beer, subject to the requirements
of this rule and W. Va. Code §
11-16-1
et seq., in and throughout West Virginia. A nonintoxicating
beer or nonintoxicating craft beer direct shipper may sell and ship
nonintoxicating beer or nonintoxicating craft beer out of this state by mail to
a purchasing person who is 21 years of age or older subject to the recipient
state's or country's requirements, laws, and international laws. All sales and
shipments must follow the requirements of W. Va. Code §
11-16-6e.
3.11.j.2. Pay to the Commissioner the $250
non-prorated and nonrefundable annual license fee;
3.11.j.3. Shipping Requirements. All
nonintoxicating beer or nonintoxicating craft beer direct shipper licensees
shall, in addition to there requirements in W. Va. Code §
11-16-6e:
3.11.j.3.A. Ensure that all containers of
nonintoxicating beer or nonintoxicating craft beer shipped directly to a
purchasing person who is 21 years of age or older are clearly and conspicuously
labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON 21 OR OLDER
REQUIRED FOR DELIVERY";
3.11.j.3.B.
Utilize a licensed and bonded shipping carrier who has obtained a
transportation permit as specified in W. Va. Code §
60-6-12
and section 3.21.;
3.11.j.4. Payment of Fees and Taxes - Any
nonintoxicating beer or nonintoxicating craft beer direct shipper licensee must
meet the markup requirements for retail sales set forth in W. Va. Code §
47-11A-6,
remit all taxes and fees, and otherwise comply with W. Va. Code §
11-16-6e;
3.11.j.5. Jurisdiction. By obtaining a
nonintoxicating beer or nonintoxicating craft beer direct shipper licensee, the
licensee shall be considered to have agreed and consented to the jurisdiction
of the Commissioner, who is located in Charleston, West Virginia and the
Kanawha County circuit court would be the court of jurisdiction for the
enforcement of this rule, W. Va. Code §
11-16-1
et seq., and any other related laws or rules; and
3.11.j.6. Records and reports.
3.11.j.6.A. Licensed nonintoxicating beer or
nonintoxicating craft beer direct shippers must maintain accurate records of
all shipments sent to West Virginia and must retain those records for at least
3 years.
3.11.j.6.B. Provide proof
or records to the Commissioner, upon request, that all direct shipments of
liquor were purchased and delivered to a purchasing person who is 21 years of
age or older.
3.11.j.7.
The nonintoxicating beer or nonintoxicating craft beer direct shipper may
annually renew its license with the Commissioner by application, paying the
nonintoxicating beer or nonintoxicating craft beer direct shipper annual
license fee and providing the Commissioner with a true copy of a current
brewer, resident brewer, or other nonintoxicating beer or nonintoxicating craft
beer manufacturer's license from the nonintoxicating beer or nonintoxicating
craft beer direct shipper's domicile state.
3.11.k. Unlicensed brewer or unlicensed home
brewer temporary license.
3.11.k.1. An
unlicensed brewer or home brewer may obtain a temporary special license, to
offer its nonintoxicating beer or nonintoxicating craft beer for sampling and
an unlicensed brewer with a federal brewer's permit may obtain a temporary
special license for sales to a fair and festival licensed for on-premises
consumption at the licensed fair or festival under W. Va. Code §
11-16-11
and §11-16-11b, when granted approval by the fair and festival licensee.
The unlicensed brewer or home brewer is exempt from the requirements of
registering the brand and using a distributor and a franchise agreement due to
the limited nature of this temporary license. All requirements for a temporary
special license must be in accordance with W. Va. Code §
11-16-11c.
3.11.k.2. A brewer or home brewer unlicensed
in West Virginia, or an unlicensed brewer or home brewer that is a resident of
West Virginia, shall pay a $150 nonrefundable and non-prorated fee and submit
an application provided by the Commissioner for a temporary special
license.
3.11.k.3. The unlicensed
brewer or home brewer temporary license application shall include, but is not
limited to:
3.11.k.3.A. the person or
entity's name, address, taxpayer identification number, and location;
3.11.k.3.B. If the unlicensed brewer or home
brewer is from out of state, a copy of its licensure in its domicile state or
home brewer's license, if applicable; a signed and notarized verification that
it produces 25,000 barrels or less of nonintoxicating beer or nonintoxicating
craft beer per year; a signed and notarized verification that it is in good
standing with its domicile state; copies of its federal certificate of label
approvals and a certified lab alcohol analysis for the nonintoxicating beer or
nonintoxicating craft beer it plans to sell to a fair or festival licensed
under W. Va. Code §
11-16-11
and §
11-16-11b;
and
3.11.k.4.C. Any other
information required by the Commissioner, except that if an unlicensed brewer
is licensed in its domicile state and is in good standing, no criminal
background checks may be required for the temporary one-day license.
3.11.k.4. The applicant shall
include in its application a list of all nonintoxicating beers or
nonintoxicating craft beers it proposes to provide, in sealed containers, to a
licensed fair or festival for sampling or sale so that the Commissioner may
review them in the interest of public health and safety. Once approved, the
submitted nonintoxicating beer or nonintoxicating craft beer list creates a
temporary nonintoxicating beer or nonintoxicating craft beer brand registration
for up to two days at any event licensed under W. Va. Code § 11-16-11 and
§ 11-16-11 b, for no additional fee.
3.11.k.5. An applicant that receives this
temporary special license for any event licensed must pay all taxes and fees in
accordance with W. Va. Code §
11-16-11c.
3.11.k.6. The unlicensed brewer or home
brewer shall submit an application for each temporary special license sought
for an event licensed under W. Va. Code §
11-16-11
and §11-16-11b, at which the applicant proposes to provide nonintoxicating
beer or nonintoxicating craft beer for sampling or sale, when permitted. The
license fee covers up to two separate one-day licenses for the event before an
additional fee is required. Any applicant desiring to attend more than four
events per year or otherwise operate in West Virginia shall seek appropriate
licensure as a brewery or resident brewery in this state.
3.11.k.7. The applicant shall also apply for
and receive a nonintoxicating beer or nonintoxicating craft beer transportation
permit in order to legally transport nonintoxicating beer or nonintoxicating
craft beer in the state as required by W. Va. Code §
11-16-10(f).
3.11.k.8. The Commissioner may by rule or
order provide for certain waivers or exceptions with respect to the provisions
of this code, rules, or orders required by the circumstances of each festival
or fair. Fingerprints for a criminal background investigation will not be
required when an unlicensed home brewer or unlicensed brewer can present a
written document to the Commissioner from its domicile regulatory authority
indicating that it is in good standing with that authority.
3.11.k.9. The Commissioner may revoke or
suspend any license issued pursuant to this section prior to any notice or
hearing notwithstanding the provisions of W. Va. Code §
11-16-23
and § 11-16-24.
3.12. Brewery and Distributor
Representatives, Permits, Fee, Term, Suitability: No person shall act as agent,
representative, solicitor or salesman in the state of West Virginia for any
brewer, resident brewer distributor, or manufacturer of nonintoxicating beer
until that person has obtained a permit to act as an agent, representative,
solicitor or salesman, from the Commissioner.
3.12.a. Application: An application for a
permit, shall be accompanied by a photograph (2 inches by 3 inches) of the
applicant, and shall be made on a form prescribed and furnished by the
Commissioner.
3.12.b. Fee: There is
no fee for a permit to act as a brewer, resident brewer or distributors' agent,
representative, solicitor, or salesman but such person must compete a form
provided by the Commissioner and be approved for a license prior to acting in
any such capacity.
3.12.c. Term:
All such permits expire on September 30 succeeding the date of issuance of
October 1, unless suspended, cancelled, or revoked.
3.12.d. Suitability: The Commissioner shall
issue a permit to any person upon showing that he or she:
3.12.d.1. Is a citizen of the United States
of America;
3.12.d.2. Is at least
18 years of age;
3.12.d.3. Has not
been convicted of a felony within the five (5) years immediately preceding the
application for a permit and has completed all conditions of probation, been
discharged from parole supervision or the sentence has expired;
3.12.d.4. Has not been convicted of a
violation of federal or state liquor or beer law within the five (5) years
immediately preceding the application for a permit;
3.12.d.5. Has not had a similar license or
permit revoked or suspended in this or any other state within the five (5)
years immediately preceding the application for a permit;
3.12.d.6. has not been convicted of a felony
in the previous five years before application, has not been convicted of a
crime involving fraud, dishonesty, or deceit in the previous five years before
application, and has not been convicted of a felony crime violating
alcohol-related distribution laws in the previous five years before
application; and,
3.12.d.7. Is
employed by a nonintoxicating beer manufacturer, resident brewer, or brewer
qualified to sell or transport nonintoxicating beer into the state of West
Virginia.
3.12.e.
Suspension or Revocation: Permits may be suspended or revoked by the
Commissioner for noncompliance with the West Virginia Nonintoxicating Beer Act
and this rule, or for false or fraudulent representations made in securing the
permits. However, the Commissioner shall not revoke or suspend any permit
unless and until a hearing shall be held after 10 days' notice, in writing, to
the licensee. Such notice shall contain a statement of the charge or charges
against the permittee and the time and place of hearing. Furthermore, such
notice shall be served upon the permittee by registered mail, addressed to the
office of the permittee's principal, as set out in the application.
3.13. Transfer: Nonintoxicating
beer licenses are not transferable from one person to another; however, with
the consent of the Commissioner, endorsed on the face of the license, a license
may be transferred from one location to another.
3.13.a. A licensee shall not transfer a
license from one (1) location to another before the transfer is approved by the
Commissioner.
3.13.b. A licensee
shall apply for a transfer of a license on the regular license application
form.
3.13.c. A letter from
licensee's surety company accepting liability on the new location must
accompany the transfer application, if applicable.
3.13.d. The Commissioner will not approve the
transfer of a license before the letter from the surety company accepting
liability on the new location is received, if applicable.
3.14. Abandonment, Leasing or Loaning: No
licensee shall abandon, loan, rent, or lease his or her license.
3.14.a. Upon the sale of an outlet, the
licensee shall remove his or her license from the premises and file it with the
Commissioner.
3.14.b. Licensees,
together with their surety, permitting others to use their licenses, either by
express permission or by abandonment, will be held strictly liable for any bond
forfeiture, if applicable, ordered against them for violations of the W. Va.
Code §
11-16-1
et seq.
3.15. Establishment: The following businesses
and locations are generally not suitable for the retail sale of beer and,
depending upon the circumstances, the Commissioner may refuse to issue a
license to an applicant who intends to operate in:
3.15.a. Establishments in reasonable close
proximity to churches, schools, state institutions, privately operated
charitable or eleemosynary institutions: Provided, however, that a Class A
license shall not be issued to a new establishment located within 300 feet of a
school or church, measured from front door to front door along the street or
highway;
3.15.b. Establishments in
predominantly residential districts of any city, town, or village;
3.15.c. Filling stations or grocery stores,
unless a bona fide restaurant is operated in connection with the station or
store, and the sale, serving, and consumption of beer is restricted to the
restaurant section of the filling station or grocery store;
3.15.d. Establishments not completely under
the control of the licensee, including all balconies and adjacent connecting
rooms; and,
3.15.e. Premises on
which there is an existing nonintoxicating beer license unless the applicant
for a new license for the premises and the owner of the building submit
notarized statements to the Commissioner to verify that substantial efforts
were made to recover and surrender the existing license.
3.16. Any person whose nonintoxicating beer
license has been revoked shall not be eligible for a nonintoxicating beer
license until after the revocation has been in effect for a period of five (5)
years.
3.17. Posting License: The
license granted in accordance with these Rules must be kept posted in a
conspicuous place on the licensed premises.
3.18. Posting of Blood-Alcohol Chart: A blood
alcohol chart, as prescribed by W. Va. Code §
60-6-24,
shall be posted in every establishment in West Virginia which sells or offers
for sale nonintoxicating beer.
3.18.a. Every
private club licensed in accordance with W. Va. Code §
60-7-1
et seq. with a nonintoxicating beer license shall prominently
post the blood-alcohol chart. The chart shall be posted so as to be readily
accessible and easily readable by the members and guest of the licensed private
club.
3.18.b. Every licensed
retailer licensed to sell nonintoxicating beer pursuant to the provisions of W.
Va. Code §
11-16-1
et seq. shall prominently display during the hours for which
the retail sale of nonintoxicating beer is permitted, the blood-alcohol chart
at or near that portion of the retail establishment devoted to the sale and/or
display of any nonintoxicating beer sold by the licensed retailer. In the event
the licensed retailer has nonintoxicating beer displayed for sale at more than
one location within the licensed premises, or has multiple points of sale, or
multiple points of ingress and egress from the licensed premises, then the
licensed retailer may be required to display additional blood-alcohol charts at
or near the displays, points of sale or store exits.
3.18.c. The licensed retailer is responsible
for the prudent care of the blood-alcohol chart, the license in 3.17., the
chart in 3.19., and the notice in 3.20., and for assuring that the license,
charts, and notice are displayed in accordance with the provisions of this
rule.
3.19. Posting of
the Fetal Alcohol Syndrome Chart: All persons licensed to sell nonintoxicating
beer at retail either for consumption off-premises or on-premises, or both,
shall display signs provided by the Commissioner warning of the possible danger
of birth defects which may result from the consumption of alcohol during
pregnancy as prescribed by W. Va. Code §
60-6-25.
3.20. Posting of the Human Trafficking
Notice: All persons licensed to sell nonintoxicating beer at retail either for
off-premises consumption or on-premises consumption, or both, shall display the
human trafficking notice required by W. Va. Code § 15A-2-5.
3.21. Nonintoxicating Beer Transportation
Permits for brewers, resident brewers, distributors, and Nonintoxicating Beer
or Nonintoxicating Craft Beer Retail Transportation Permits for Class A Retail
Dealers, Class B Retail Dealers, and Third Party Delivery Licensees.
3.21.a. Any brewer, resident brewer,
distributor, Class A retail dealer, Class B retail dealer, third party delivery
licensee, or any person transporting nonintoxicating beer or nonintoxicating
craft beer for resale, and not for personal use, in or through this state on
behalf of such licensees, or by contract or other means, may only transport
nonintoxicating beer or nonintoxicating craft beer that is registered and
available for resale, and not personal use, in or through West
Virginia.
3.21.b. All vehicles
transporting nonintoxicating beer or nonintoxicating craft beer for a brewer,
resident brewer, distributor, or other person shall be issued a nonintoxicating
beer transportation permit.
3.21.c.
All vehicles delivering nonintoxicating beer or nonintoxicating craft beer for
a Class A retail dealer, Class B retail dealer, third party delivery licensee,
or other person after a retail sale shall be issued a nonintoxicating beer or
nonintoxicating craft beer retail transportation permit.
3.21.c.1. Nonintoxicating beer or
Nonintoxicating Craft Beer Retail Transportation Permit.
3.21.c.1.A. A Class A retail dealer, Class B
retail dealer, and a third party licensee shall obtain and maintain a retail
transportation permit for the delivery of food and nonintoxicating beer or
nonintoxicating craft beer.
3.21.c.1.B. A Class A retail dealer, Class B
retail dealer, and a third party shall apply for a permit and provide vehicle
and driver information, required by the Commissioner. Upon any change in
vehicles or drivers, Class B retail dealer and a third party licensee shall
provide a written update of the vehicle and driver information to the
Commissioner within 10 days of the change.
3.21.d. Transporting nonintoxicating beer or
nonintoxicating craft beer for resale, and not for personal use, in or through
this state requires a nonintoxicating beer or nonintoxicating craft beer retail
transportation permit.
3.21.e. The
Commissioner shall prescribe forms to complete such permitting.
3.22. Special privilege of Class A
private club licensee to operate a separate but connected Class B license.
3.22.a. A Class A private club licensee with
1,000 or more members may, in the Commissioner's discretion, operate a Class B
licenses for the off-premises sale of nonintoxicating beer and wine in a
connected but separately operated area of the Class A private club
premises.
3.22.b. The Class A
licensed private club with 1,000 or more members and the Class B business must
be licensed separately and operate separate cash registers and maintain
separation barriers between the different licensed operations.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.