A wine specialty shop which is licensed to sell wine off premises and which operates 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 may apply for a Class B license privilege granting the licensee the ability to complete the sale of such wine in the original sealed container for off-premises consumption to a person purchasing wine ordered via a mobile application or web-based software program and picking up the wine from the licensee while in a vehicle:
(a) If the vehicle is parked in a licensed parking area which is contiguous to the Class B licensees licensed premises; or
(b) If the vehicle is parked in a licensed parking area which is within 500 feet of the Class B licensees licensed premises;
(c) The parking area referenced in subdivision (b) of this section shall be designated by signage solely for the use of persons who have previously ordered items, including, but not limited to, wine using a mobile application or web-based software program;
(d) No wine may be loaded into a vehicle under this section unless the wine specialty shop or the licensees staff have verified that both the person placing the order and the person picking up the order, if different from the person placing the order, is 21 years of age or older and is not noticeably intoxicated;
(e) To operate under this section a wine specialty shop must be in good standing with the commissioner, apply, qualify, pay the Class B license privilege fee, and obtain the permit for the Class B licensee privilege for wine at a designated parking area. The Class B license privilege permit is nonrefundable and a nonprorated annual fee is $250;
(f) The licensee is subject to all requirements, penalties, and sanctions of this article.
Structure West Virginia Code
Chapter 60. State Control of Alcoholic Liquors
§60-8-1. Construction and Application of Article
§60-8-3. Licenses; Fees; General Restrictions
§60-8-5. Refund or Credit of Taxes
§60-8-6a. Direct Shipper's License
§60-8-6b. Deliveries by Licensed Wine Specialty Shop
§60-8-16. Application for License
§60-8-17. License Issuance or Refusal; Terms of License
§60-8-19. To Whom Licensed Manufacturer May Sell
§60-8-20. Unlawful Acts Generally
§60-8-20a. Unlawful Acts by Persons
§60-8-21. Sale in Sealed, Labeled Packages Required
§60-8-22. Sales on Credit Prohibited; Exception
§60-8-23. Duties and Powers of Commissioner; Rules
§60-8-24. Disposition of Revenue
§60-8-25. Criminal Penalties; Public Nuisances
§60-8-27. Local Option Elections
§60-8-28. Wine Brand Licensing and Registration and Review of Wine Labels
§60-8-29. Affidavit of Compliance Required of Distributors and Suppliers
§60-8-30. Exclusive Franchise Agreements Prohibited
§60-8-32. Where Wine May Be Sold at Retail
§60-8-32a. Where Wine May Be Sold and Consumed for On-Premises Consumption
§60-8-33. Certain Prohibitions Not Applicable