(a) There is hereby continued the state retail liquor licensing board which shall be composed of five members, three of whom shall be appointed by the Governor by and with the advice and consent of the Senate, one of whom shall be the secretary of tax and revenue, and one of whom shall be the commissioner. The secretary of tax and revenue and the commissioner shall serve as the chairman and secretary, respectively, of the board. No more than two of the three members appointed by the Governor shall be of the same political party. No member of the board may hold a retail license or have any financial interest, directly or indirectly, in any retail licensee.
(b) The provisions of this subsection apply to the three members appointed by the Governor. They shall be appointed for overlapping terms of three years each and until their respective successors have been appointed and have qualified. Members may be reappointed for any number of terms. Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by Section 5, Article IV of the Constitution of this state. Vacancies shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the occurrence of the vacancy. Any member may be removed by the Governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office. Members shall receive compensation of $100 per day for each day actually engaged in the performance of their duties as board members, and in addition shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties. Appointments to fill vacancies made after the amendment to this section made in one thousand nine hundred ninety-nine shall be made to provide that after the next two appointments, and thereafter, there is a member from each of the congressional districts of this state as delineated in accordance with section three, article two, chapter one of this code.
(c) A majority of the members of the board constitutes a quorum and meetings shall be held at the call of the chairman.
(d) Staff, office facilities and costs of operation of the board shall be provided by the commissioner.
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