West Virginia Code
Article 3A. Sales by Retail Liquor Licensees
§60-3A-4. Definitions

(a) "Active retail license" means a current license for a retail outlet that has been open and in continuous operation for a period of not less than twelve months prior to July 1, 2010, or July 1 every ten years thereafter.
(b) "Active retail licensee" means a person who holds an active retail license at the time of the effective date of the amendments to this section during the first extraordinary session of the Legislature in 2009 or that person's successor or any person who holds an active retail license when it expires at the end of a ten-year period.
(c) "Applicant" means any person who elects to pay a purchase option for a Class A retail license, who bids for a retail license or who seeks the commissioner's approval to purchase or otherwise acquire a retail license from a retail licensee, in accordance with the provisions of this article.
(d) "Application" means the form prescribed by the commissioner which must be filed with the commissioner by any person bidding for a retail license.
(e) "Board" means the Retail Liquor Licensing Board created by this article.
(f) "Class A retail license" means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet.
(g) "Class B retail license" means a retail license permitting the sale of liquor at a mixed retail liquor outlet.
(h) "Current retail licensee" means a person who holds a retail license at the time of the effective date of the amendments to this section during the first extraordinary session of the Legislature in 2009 or that person's successor or any person who holds a retail license when it expires at the end of a ten-year period.
(i) "Designated areas" means one or more geographic areas within a market zone designated as such by the board.
(j) "Executive officer" means the president or other principal officer, partner or member of an applicant or retail licensee, any vice president or other principal officer, partner or member of an applicant or retail licensee in charge of a principal business unit or division, or any other officer, partner or member of an applicant or retail licensee who performs a policy-making function.
(k) "Freestanding liquor retail outlet" means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products.
(l) "Liquor" means alcoholic liquor as defined in section five, article one of this chapter and also includes both wine and fortified wines as those terms are defined in section two, article eight of this chapter.
(m) "Liquor sampling event" means an event approved by the commissioner, for a Class A retail licensee to hold a liquor sampling authorized pursuant to section three-a of this article.
(n) "Market zone" means a geographic area designated as such by the board for the purpose of issuing retail licenses.
(o) "Mixed retail liquor outlet" means a retail outlet that sells liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products, in addition to convenience and other retail products.
(p) "Person" means an individual, firm, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature.
(q) "Retail license" means a license issued under the provisions of this article permitting the sale of liquor at retail.
(r) "Retail licensee" means the holder of a retail license.
(s) "Retail outlet" means a specific location where liquor may be lawfully sold by a retail licensee under the provisions of this article.
(t) "Sampling day" means any days and hours of the week where retail licensees may sell liquor pursuant to section eighteen, article three-a, chapter sixty of this code for a Class A retail licensee to conduct a liquor sampling event.
(u) "West Virginia product" means all liquor types and classes as approved by the commissioner and maintained on the ABCA retail liquor product list.

Structure West Virginia Code

West Virginia Code

Chapter 60. State Control of Alcoholic Liquors

Article 3A. Sales by Retail Liquor Licensees

§60-3A-1. Short Title

§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-3a. Liquor Sampling

§60-3A-3b. Private Liquor Delivery License for a Retail Liquor Outlet or a Third Party; Requirements; Limitations; Third Party License Fee; Private Liquor Bottle Delivery Permit; Requirements, and Curbside In-Person and In-Vehicle Delivery by a Retai...

§60-3A-4. Definitions

§60-3A-5. Creation of Retail Liquor Licensing Board; Members, Terms, Meetings and Officers; General Provisions

§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-9. Investigation of Applicants for Retail License; Notification to Applicants Approving or Denying Application; General Provisions Relating to Licensing

§60-3A-10. Bidding Procedure

§60-3A-10a. Preference for Resident Bidders

§60-3A-10b. Bidding Procedure for Licenses Issued for the Ten-Year Period Beginning July 1, 2010; Purchase Options for Bids Beginning July 1, 2010; and Licenses Issued for Each Ten-Year Period Thereafter

§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-13. Annual Reports

§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-17. Wholesale Prices Set by Commissioner; Retail Licensees to Purchase Liquor From State; Transportation and Storage; Method of Payment

§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-26. Civil Penalties

§60-3A-27. Suspension or Revocation of Retail License

§60-3A-27a. Revocation of License or Reduction of Authority to Operate Retail Outlet for Failure to Operate Retail Outlet

§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

§60-3A-31. Rules of Construction; Severability