(a) Notwithstanding any provision of this code to the contrary, the sale of liquor by retail licensees in accordance with the provisions of this article is lawful.
(b) Upon the opening of a retail outlet in any market zone, the state shall, as soon as practicable, discontinue operating any and all state liquor stores and agency stores within the market zone so long as a retail outlet is in operation in the market zone.
(c) No provision of this section shall prevent the commissioner, with the consent of the board, from operating a state liquor store in a market zone pursuant to the provisions of article three of this chapter where there are no retail outlets in operation, and the operation of any retail outlet in the market zone is prevented by a matter in controversy pending judicial adjudication or the licensee is unable or unwilling to open a retail outlet: Provided, That, the board determines that the resolution of the controversy will continue for such duration that the opening of a state liquor store is necessary to meet reasonable consumer concerns of availability of liquor.
Structure West Virginia Code
Chapter 60. State Control of Alcoholic Liquors
Article 3A. Sales by Retail Liquor Licensees
§60-3A-2. Legislative Findings and Declaration; Legislative Purpose
§60-3A-2a. Further Legislative Findings, Declarations and Purpose
§60-3A-3. Sale of Liquor by Retail Licensees Permitted; Cessation of Retail Sale of Liquor by State
§60-3A-6. General Powers and Duties of Board and Commissioner
§60-3A-7. Market Zones; Class a and Class B Retail Licenses
§60-3A-8. Retail License Application Requirements; Retail Licensee Qualifications
§60-3A-10a. Preference for Resident Bidders
§60-3A-10c. Criminal Penalties for Unlawful Inducement
§60-3A-10d. Financing Option for Retail Licensees Purchasing Class a Retail Licenses
§60-3A-11. Bonding Requirements
§60-3A-12. Annual Retail License Fee; Expiration and Renewal of Retail Licenses
§60-3A-14. Sale, Assignment or Transfer of Retail License
§60-3A-15. Surrender of Retail License
§60-3A-16. Restriction on Location of Retail Outlets
§60-3A-18. Days and Hours Retail Licensees May Sell Liquor
§60-3A-19. Limitation on Amount to Be Sold
§60-3A-20. Nonapplication of Article to Retail Sales of Nonintoxicating Beer
§60-3A-21. Tax on Purchases of Liquor
§60-3A-22. Requirement for Posting Informational Sign
§60-3A-23. Records Required of Retail Licensees; Inspection of Records
§60-3A-24. Unlawful Acts by Persons
§60-3A-25. Certain Acts of Retail Licensees Prohibited; Criminal Penalties
§60-3A-25a. Mandatory Verification of Age of Persons Purchasing Alcohol
§60-3A-27. Suspension or Revocation of Retail License
§60-3A-28. Notice of and Hearing on Revocation; Right of Appeal; Appeal Procedures
§60-3A-29. Disposition of Inventory Upon Revocation or Surrender of Retail License