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Article 1. General Provisions
§60-1-1. Purpose of Chapter; Declaration of Legislative Findings, Policy and Intent - The purpose of this chapter is to give effect to...
§60-1-2. Applicability of Chapter - A person shall not sell, possess for sale, transport, or...
§60-1-3. Restrictions on Sale, Manufacture or Consumption; Exceptions - Subject to the provisions of this chapter, alcoholic liquors, in...
§60-1-3a. Off-Premises Sales Not Required to Be Bagged - Alcoholic liquors in this state are not required to be...
§60-1-4. Sales to Be Made by or Through West Virginia Alcohol Beverage Control Commissioner - Alcoholic liquors shall be sold at wholesale and retail in...
§60-1-5. Definitions - For the purposes of this chapter: (1) "Alcohol" means ethyl...
§60-1-5a. Farm Wineries Defined - (a) For the purpose of this chapter "Farm winery" means...
§60-1-5b. Mini-Distilleries Defined - For the purpose of this chapter: "Mini-distillery" means an establishment...
§60-1-5c. Alternating Wine Proprietorships; Requirements and Limitations - (a) Notwithstanding the provisions of §60-1-5 of this code, a...
§60-1-5d. Micro-Distilleries Defined - For the purposes of Chapter 60 of this code "Micro-distillery"...
§60-1-6. How Chapter Cited - This chapter may be cited as the "Alcohol Beverage Control...
§60-1-7. Applicability of Chapter to Nonintoxicating Beer - The provisions of this chapter do not apply to nonintoxicating...
Article 2. Alcohol Beverage Control Commissioner
§60-2-1. Office Created; Powers and Functions Generally; Office of Liquor Control Commissioner Abolished and Powers Transferred - To accomplish the purposes of this chapter there is hereby...
§60-2-2. Appointment of Commissioner - The commissioner shall be appointed by the Governor, with the...
§60-2-3. Term of Office; Vacancy - The commissioner shall be appointed for a term of four...
§60-2-7. Oath and Bond - Before entering upon the duties of the office, the commissioner...
§60-2-9. Salary and Expenses - The commissioner shall receive an annual salary as provided in...
§60-2-11. Powers and Duties - The Alcohol Beverage Control Commissioner shall have the following powers...
§60-2-12. Assistants and Employees - The commission shall appoint or employ such assistants and employees...
§60-2-13. Bonds of Employees - The commission shall require every employee who collects fees or...
§60-2-14. Authority to Grant and Revoke Licenses - The commission shall have the authority to grant and revoke...
§60-2-15. Regulation of Advertising - The commission shall prescribe rules governing the advertising of alcoholic...
§60-2-16. Rules and Regulations - The commission shall have the power to prescribe rules and...
§60-2-17. Powers and Duties Exercised by Employees - All powers and duties vested in the commission, except the...
§60-2-17a. Law Enforcement Cooperation - In addition to the assistance of law enforcement provided under...
§60-2-17b. Wine and Liquor Operating Fund Established; Operations Fee; Fund Issues - (a) As of July 1, 2019, there is an annual...
§60-2-18. Hearings and Proceedings - In all hearings and proceedings before the commission, the evidence...
§60-2-19. Legal Services - The Attorney General and the prosecuting attorneys of the several...
§60-2-20. Civil Responsibility - The members of the commission shall not be civilly responsible...
§60-2-21. Audit - At least every five fiscal years, the Legislative Auditor shall...
§60-2-22. Authority to Utilize Scanner Technology in Sales; Authority to Execute Contracts Relating Thereto - (a) The commissioner may, pursuant to section eleven of this...
Article 3. Sales by Commissioner
§60-3-1. Sales at Retail and Wholesale - The sale of alcoholic liquors at wholesale and retail in...
§60-3-2. Establishment and Discontinuance of Stores and Agencies; Location - The commission shall establish state stores and agencies at places...
§60-3-3. Warehouses - The commission shall establish and manage as many warehouses as...
§60-3-4. Managers and Employees of Stores - The commission shall appoint a manager for and assign employees...
§60-3-5. Rules and Regulations to Govern Stores and Agencies - The commission shall issue appropriate rules and regulations to govern...
§60-3-6. Agencies to Procure Stocks; Sales at Retail - A state agency shall procure stocks of alcoholic liquor for...
§60-3-7. Compensation and Bond of Agent - Agents shall be compensated based upon the average monthly gross...
§60-3-8. Agent to Make No Profit From Sales - An agent shall make no profit from the sale of...
§60-3-9. Uniform Prices; Posting and Distribution of Price Lists; Continuation of Price Increase on Alcoholic Liquors - The commissioner shall, from time to time, fix uniform prices...
§60-3-9d. Tax on Purchases of Intoxicating Liquors Inside and Outside Corporate Limits of Municipalities - (a)(1) For the purpose of providing financial assistance to and...
§60-3-10. Records and Accounts for Stores and Agencies; Reports and Audits - The commission shall install a uniform system of records and...
§60-3-11. Stock or Inventory Control - The commission shall prescribe a method of stock or inventory...
§60-3-12. Days and Hours State Stores and Agencies May Open - The commission shall fix the days on which state stores...
§60-3-13. Advertising or Recommendation of Brands Prohibited - A store or agency shall not display or distribute any...
§60-3-14. Acquisition of Equipment, etc.; Analysis of Liquors - The commission shall acquire by purchase or lease equipment, materials,...
§60-3-15. Amount of Operating Fund and Value of Inventory Stock Allowed; Contract for Manufacture of State Brand; Ordering Listed and Unlisted Brands - In order to avoid the accumulation of excessive stocks in...
§60-3-16. Sale in Sealed Packages; Manufacturer's Label - Alcoholic liquors shall be sold only in sealed packages, bearing...
§60-3-17. Regulations as to Handling and Depositing of Moneys Collected; Monthly Remittances; Penalty - The commissioner, with the approval of the state Treasurer, shall...
§60-3-18. Operating Fund Continued; Use; Maximum Amount - The operating fund of the commissioner, heretofore created in the...
§60-3-20. Sales, Mode of Payment - The sale of alcoholic liquors in state stores and in...
§60-3-21. Limitation on Amount to Be Sold - Not more than ten gallons of alcoholic liquor shall be...
§60-3-22. Sales to Certain Persons Prohibited - (a) Alcoholic liquors and nonintoxicating beer as defined in section...
§60-3-22a. Unlawful Acts by Persons - (a) Any person under the age of twenty-one years who,...
§60-3-23. Conduct of Purchasers Upon Premises of State Store - A person, while on the premises of a state store...
§60-3-24. Authority of Employees to Make Arrests; Penalty for Resisting or Assaulting Employee; Enforcement of Chapter - An appointee or employee of the commission shall have the...
§60-3-25. Permit for Farm Winery to Import Produce in Excess of Established Limits - Upon application by the holder of a farm winery license,...
§60-3-26. Sale of Certain Liquors Prohibited - (a) Upon the effective date of this section, the commissioner...
Article 3A. Sales by Retail Liquor Licensees
§60-3A-1. Short Title - This article shall be known and may be cited as...
§60-3A-2. Legislative Findings and Declaration; Legislative Purpose - (a) The Legislature hereby finds and declares that the sale...
§60-3A-2a. Further Legislative Findings, Declarations and Purpose - (a) In addition to the findings and declarations set forth...
§60-3A-3. Sale of Liquor by Retail Licensees Permitted; Cessation of Retail Sale of Liquor by State - (a) Notwithstanding any provision of this code to the contrary,...
§60-3A-3a. Liquor Sampling - (a) Notwithstanding any provision of this code to the contrary,...
§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... - (a) A retail liquor outlet that is licensed to sell...
§60-3A-4. Definitions - (a) "Active retail license" means a current license for a...
§60-3A-5. Creation of Retail Liquor Licensing Board; Members, Terms, Meetings and Officers; General Provisions - (a) There is hereby continued the state retail liquor licensing...
§60-3A-6. General Powers and Duties of Board and Commissioner - (a) The board shall create, based on economic and demographic...
§60-3A-7. Market Zones; Class a and Class B Retail Licenses - (a) The market zones established by the board for the...
§60-3A-8. Retail License Application Requirements; Retail Licensee Qualifications - (a) Prior to or simultaneously with the submission of a...
§60-3A-9. Investigation of Applicants for Retail License; Notification to Applicants Approving or Denying Application; General Provisions Relating to Licensing - (a) Upon receipt of an application for a retail license...
§60-3A-10. Bidding Procedure - (a) Except as provided in section ten-b of this article,...
§60-3A-10a. Preference for Resident Bidders - In determining the highest bidder for purposes of section ten...
§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 - (a) The issuance of retail licenses for the ten-year period...
§60-3A-10c. Criminal Penalties for Unlawful Inducement - (a) Any person who gives another person any thing of...
§60-3A-10d. Financing Option for Retail Licensees Purchasing Class a Retail Licenses - (a) The commissioner shall offer financing to each retail licensee...
§60-3A-11. Bonding Requirements - Each applicant submitting a bid under section ten of this...
§60-3A-12. Annual Retail License Fee; Expiration and Renewal of Retail Licenses - (a) The annual retail license period is from July 1...
§60-3A-13. Annual Reports - On or before December 31, 1990, and each successive year...
§60-3A-14. Sale, Assignment or Transfer of Retail License - (a) No person may purchase or otherwise acquire a retail...
§60-3A-15. Surrender of Retail License - Any retail licensee may surrender a retail license to the...
§60-3A-16. Restriction on Location of Retail Outlets - No retail outlet may be located within the immediate vicinity...
§60-3A-17. Wholesale Prices Set by Commissioner; Retail Licensees to Purchase Liquor From State; Transportation and Storage; Method of Payment - (a) The commissioner shall fix wholesale prices for the sale...
§60-3A-18. Days and Hours Retail Licensees May Sell Liquor - Retail licensees may not sell liquor on Easter Sunday, Christmas...
§60-3A-19. Limitation on Amount to Be Sold - Not more than ten gallons of liquor may be sold...
§60-3A-20. Nonapplication of Article to Retail Sales of Nonintoxicating Beer - This article does not apply to retail sales of nonintoxicating...
§60-3A-21. Tax on Purchases of Liquor - (a) For the purpose of providing financial assistance to and...
§60-3A-22. Requirement for Posting Informational Sign - Each retail licensee shall post in an open and prominent...
§60-3A-23. Records Required of Retail Licensees; Inspection of Records - The commissioner shall by rule prescribe the records to be...
§60-3A-24. Unlawful Acts by Persons - (a) (1) Any person who is under the age of...
§60-3A-25. Certain Acts of Retail Licensees Prohibited; Criminal Penalties - (a) It is unlawful for any retail licensee, or agent...
§60-3A-25a. Mandatory Verification of Age of Persons Purchasing Alcohol - (a) A licensee who: (1) Has installed a transaction scan...
§60-3A-26. Civil Penalties - (a) Any retail licensee who violates any provision of this...
§60-3A-27. Suspension or Revocation of Retail License - (a) The commissioner may, upon his or her own motion,...
§60-3A-27a. Revocation of License or Reduction of Authority to Operate Retail Outlet for Failure to Operate Retail Outlet - (a)(1) The commissioner may revoke a Class A retail license...
§60-3A-28. Notice of and Hearing on Revocation; Right of Appeal; Appeal Procedures - (a) Before a retail license issued under the authority of...
§60-3A-29. Disposition of Inventory Upon Revocation or Surrender of Retail License - In the event of the revocation, expiration or surrender of...
§60-3A-31. Rules of Construction; Severability - (a) Nothing contained in this article shall be construed to...
Article 4. Licenses
§60-4-1. Grant and Revocation of Licenses; Issuance or Renewal for Calendar Year - The commission shall grant and revoke licenses in accordance with...
§60-4-2. Licenses for Manufacture - (a) The commission may grant licenses for the manufacture of...
§60-4-3. To Whom Licensed Manufacturer May Sell - A person who is licensed to manufacture alcoholic liquors in...
§60-4-3a. Distillery and Mini-Distillery License to Manufacture and Sell - (a) Sales of liquor. An operator of a distillery, mini-distillery,...
§60-4-3b. Winery and Farm Winery License to Manufacture and Sell - (a) An operator of a winery or farm winery may...
§60-4-3c. License Required for Sale and Shipment of Liquor by a Distillery, Mini-Distillery or Micro-Distillery; Shipment of Limited Quantities of Liquor Permitted by a Private Direct Shipper; Requirements; License Fee, and Penalties - (a) Authorization. Except for the commissioner, no person may offer...
§60-4-4. Purchase and Resale of Alcoholic Liquors and Ethyl Alcohol by Wholesale Druggists - The commission may grant to wholesale druggists license to purchase...
§60-4-5. Licenses for Purchase at Wholesale for Industrial or Scientific Uses; Wine for Sacramental Purposes - The commission may grant licenses to persons to purchase alcoholic...
§60-4-6. Purchase and Resale of Alcoholic Liquors and Ethyl Alcohol by Retail Druggists - The commission may issue licenses to retail druggists to sell,...
§60-4-7. Stills Used for Laboratory or Pharmaceutical Purposes - The commission shall license without fee a still used solely...
§60-4-7a. Individuals Authorized to Manufacture Ethyl Alcohol for Use in the Production of Gasohol for Personal Use - The commission shall issue a license without fee authorizing an...
§60-4-8. Stills Used by Commercial Chemists for Laboratory Purposes - The commission shall license a still used by a commercial...
§60-4-9. Separate License for Each Place of Business; Change §60-4-10 of Location - Each separate place of business shall require a separate license....
§60-4-10. Notice of Application for License - A person who desires to apply for a license authorized...
§60-4-11. Time to File Application and Pay Fee - Not less than ten days after giving notice of his...
§60-4-12. License Granted or Refused Within Fifteen Days; Refund of Fee - Within fifteen days after the filing of formal application for...
§60-4-13. When License to Be Refused - The commission shall refuse the license if it finds that:...
§60-4-14. Annual Payment of License Fee; Effect of Failure to Pay - A person possessing a license issued under the provisions of...
§60-4-15. Amount of License Fees - A person to whom a license is issued under the...
§60-4-16. Records and Monthly Reports Required of Licensee - The commission shall prescribe records to be kept by licensees...
§60-4-17. Rules, Regulations and Reports Necessary for Effective Administration - The commission shall have the authority to prescribe such rules...
§60-4-18. Taxation, etc., of Licensees by Municipal Corporations - A municipal corporation shall not impose a fee or a...
§60-4-19. When License Revoked - The commissioner may revoke a license issued under this article...
§60-4-20. Notice of and Hearing on Revocation; Disposition of Stock - Before revoking a license issued under the authority of this...
§60-4-21. Appeal - A decision of the commission granting or revoking, or refusing...
§60-4-22. Wholesale Representatives Licenses - (a) A person, firm or corporation may not be or...
§60-4-23. License to Operate a Facility Where Exotic Entertainment Is Offered; Definitions; Restrictions, Regulations and Prohibitions; Prohibitions Against Minors; Application, Renewal, License Fee, Restrictions on Transfer; Effective Date; Legislat... - (a) For purposes of this section: (1) "Exotic entertainment" means...
Article 5. Local Option Elections
§60-5-1. Election in County, Magisterial District, or Municipality - A county or any municipality may in an election held...
§60-5-2. Election Called on Petition of Five Percent of Qualified Voters - The county commission, or the governing body of the municipality,...
§60-5-3. Form of Petition - The petition shall be in the following form: Petition for...
§60-5-4. Notice of Election; When Held; Election Officers - The county commission or governing body of the municipality shall...
§60-5-5. Form of Ballot - On the ballot shall be printed the following: Shall the...
§60-5-6. How Election Conducted and Results Certified - The ballots shall be counted, returns made and canvassed as...
§60-5-7. Discontinuance of State Stores and Agencies in Local Option Territory - Within 30 days after a local option election in which...
§60-5-8. When Another Election May Be Held - When a local option election has been held in a...
§60-5-9. Allowing State-Wide Off Premises of Alcoholic Liquors; Exceptions; Procedures - (a) Effective July 1, 2020, the sale of alcoholic liquors...
Article 6. Miscellaneous Provisions
§60-6-1. When Lawful to Possess, Use or Serve Alcoholic Liquors - The provisions of this chapter may not prevent: (1) A...
§60-6-2. When Lawful to Manufacture and Sell Wine and Cider - The provisions of this chapter may not prevent: (1) A...
§60-6-3. Applicability of Chapter to Certain Uses of Ethyl Alcohol - The provisions of this chapter relating to state monopoly shall...
§60-6-4. Permitted Use by Druggists - The provisions of this chapter shall not prevent a person...
§60-6-5. Applicability of Chapter to Certain Uses by Physicians, Druggists and Others - The provisions of this chapter shall not prevent: (1) A...
§60-6-6. Transporting Alcoholic Liquor in Excess of Ten Gallons - The provisions of this chapter shall not prevent a person...
§60-6-7. Specific Acts Forbidden; Indictment - A person shall not: (1) Manufacture or sell in this...
§60-6-8. Unlawful Sale or Possession by Licensee - A licensed person shall not: (1) Sell, furnish, tender, or...
§60-6-9. Intoxication or Drinking in Public Places; Illegal Possession of Alcoholic Liquor; Arrests by Sheriffs or Their Deputies for Violation in Their Presence; Penalties - (a) A person may not: (1) Appear in a public...
§60-6-10. Unlawful Operation of Plant Manufacturing Distilled Spirits - A person who unlawfully owns, operates, or maintains a plant...
§60-6-11. Unlawful Manufacture, etc., While Armed - A person who, while engaged in the unlawful manufacture, transportation...
§60-6-12. Transportation of Alcoholic Liquors Into or Through State; Permits; Bond of Permittee - The commission may adopt regulations governing the transportation of alcoholic...
§60-6-13. Restrictions on Importing Into, and Transporting Liquors in State - Except as permitted by section six of this article and...
§60-6-15. Penalties for Violations Not Otherwise Specified - A person who violates any order, rule or regulation of...
§60-6-16. Places Deemed Common and Public Nuisances; Abatement; Conspiracy - A place where alcoholic liquor is manufactured, sold, stored, possessed,...
§60-6-17. Suit to Abate Nuisances; Injunction - The commission, its agents, the Attorney General, the prosecuting attorney,...
§60-6-18. Search Warrants - If there be complaint on oath or affirmation supported by...
§60-6-19. Forfeiture of Stills, etc. - All stills and distilling apparatus and material for the manufacture...
§60-6-20. Contraband Conveyances; Forfeiture and Disposition - A conveyance of any kind, either on land, water, or...
§60-6-21. Court Procedure as to Contraband and Forfeited Articles - Proceedings for confiscation of articles, conveyances or vehicles declared contraband...
§60-6-22. Action to Recover Price of Liquors Sold Unlawfully - No action shall be maintained to recover the price of...
§60-6-23. Treatment of Minors for Addiction to Alcoholic Liquor and Beer - Notwithstanding any other law to the contrary, any licensed physician...
§60-6-24. Requirement for Posting Informational Sign - Any licensee licensed under this chapter to sell alcoholic liquors,...
§60-6-25. Mandatory Signs to Be Posted Warning of the Possible Dangers of Consumption of Alcohol During Pregnancy - (a) Beginning July 1, 1998, all persons licensed to sell...
§60-6-26. Conditional Discharge for First Offense of Certain Offenses Related to Nonintoxicating Beer or Alcoholic Liquor - (a) When a person pleads guilty to or is found...
Article 7. Licenses to Private Clubs
§60-7-1. Legislative Findings and Purposes - The Legislature of West Virginia, having carefully considered the provisions...
§60-7-2. Definitions; Authorizations; Requirements for Certain Licenses - Unless the context in which used clearly requires a different...
§60-7-2a. Dual Licensing Permitted; Conditions - (a) Any licensee defined in 60-7-2 of this code is...
§60-7-3. Sale of Alcoholic Liquors and Nonintoxicating Beer by Licensee Authorized - Notwithstanding any other provisions of this code to the contrary,...
§60-7-4. Application for License; Information Required; Verification; Application to Be Accompanied by Fees; Bond; College Fraternities and Sororities Ineligible for License; Racial Discrimination by Applicants Prohibited - (a) Application for a license to operate a private club...
§60-7-4a. Notice of Application for License to Be Given to Municipal Clerk or Recorder; Duties of Clerk or Recorder; Consistency With Zoning and Community Development Programs; Authority of Commissioner - A person intending to apply for a license to operate...
§60-7-5. Investigation by Commissioner; Issuance or Refusal of License; Special Requirements for Clubs at Parks and Airports; Form of License; License Valid at One Location Only; Expiration and Renewal; Transferability - (a) Upon receipt of a completed application referred to in...
§60-7-6. Annual License Fee; Partial Fee; and Reactivation Fee - (a) The annual license fee for a license issued under...
§60-7-6a. Special Privilege of Class a Private Club Licensee to Operate Separate but Connected Class B License - A Class A private club licensee with 1,000 or more...
§60-7-7. Municipal Fee - Any municipality in this state is hereby authorized to levy...
§60-7-8. Application for Permit to Hold Special Nonalcoholic Entertainment Events for Persons Under Age Twenty-One - (a) A private club, as defined in subsection (a), section...
§60-7-8a. Special License for a Private Fair and Festival; Licensee Fee and Application; License Fee; License Subject to Provisions of Article; Exception - (a) There is hereby created a special license designated Class...
§60-7-8b. One-Day Charitable Rare, Antique, or Vintage Liquor Auction; Licensee Fee and Application; License Subject to Provisions of Article; Exceptions - (a) The commissioner may issue a special one-day, license to...
§60-7-8c. Special License for a Multi-Vendor Private Fair and Festival; License Fee and Application; License Subject to Provisions of Article; Exception - (a) There is hereby created a special license designated Class...
§60-7-8d. Where Private Clubs May Sell and Serve Alcoholic Liquors and Nonintoxicating Beer or Nonintoxicating Craft Beer - (a) With prior approval of the commissioner a private club...
§60-7-8e. Private Club Restaurant or Private Manufacturer Club Licensee S Authority to Sell Craft Cocktail Growlers - (a) Legislative findings. The Legislature hereby finds that it is...
§60-7-8f. Private Delivery License for a Licensed Private Club Restaurant, Private Manufacturer Club, or a Third Party; Requirements; Limitations; Third Party License Fee; Private Cocktail Delivery Permit; and Requirements - (a) A licensed private club restaurant or private manufacturer club...
§60-7-10. Duties and Powers of Commissioner - The commissioner is hereby authorized: (a) To enforce the provisions...
§60-7-11. Licensee Must Purchase Alcoholic Liquors From or Through Commissioner or Retail Licensee; Exceptions - (a)(1) All licensees shall purchase all alcoholic liquors sold by...
§60-7-12. Certain Acts of Licensee Prohibited; Criminal Penalties - (a) It is unlawful for any licensee, or agent, employee,...
§60-7-12a. Unlawful Acts by Persons - (a) A person under the age of twenty-one years may...
§60-7-13. Revocation or Suspension of License; Monetary Penalty; Hearing; Assessment of Costs; Establishment of Enforcement Fund - (a) Upon a determination by the commissioner that a licensee...
§60-7-13a. Hearing on Sanctioning of License; Notice; Review of Action of Commissioner; Clerk of Court to Furnish Commissioner Copy of Order or Judgment of Conviction of Licensee; Assessment of Costs; Procedure for Appealing Any Final Order of the Co... - (a) The commissioner may not revoke or suspend a license...
§60-7-14. Forfeiture of Bond; Collection - On conviction of a violation of any provision of this...
§60-7-15. License for the Sale of Nonintoxicating Beer - Notwithstanding any other provision of this code to the contrary,...
§60-7-16. Severability - If any article, section, subsection, provision, clause or phrase of...
§60-7-17. Repealer - [Repealed.]
Article 8. Sale of Wines
§60-8-1. Construction and Application of Article - (a) Every supplier must use a distributor to distribute wine...
§60-8-2. Definitions - Unless the context in which used clearly requires a different...
§60-8-3. Licenses; Fees; General Restrictions - (a) No person may engage in business in the capacity...
§60-8-3a. Certain Wine Specialty Shops Operating as Grocery Stores Authorized to Deliver Wine Curbside, Mobile Applications, or Web-Based Sales Allowed; Permits; Fees - A wine specialty shop which is licensed to sell wine...
§60-8-4. Liter Tax - There is hereby levied and imposed on all wine sold...
§60-8-5. Refund or Credit of Taxes - The Tax Commissioner shall refund, or credit on a subsequent...
§60-8-6. License or Registration Required for Sale or Shipment of Wine; Shipment of Limited Quantities of Wine to Adult Residents Permitted - (a) Except as to the commissioner and except as provided...
§60-8-6a. Direct Shipper's License - (a) Before sending any shipment of wine to a resident...
§60-8-6b. Deliveries by Licensed Wine Specialty Shop - (a) A wine specialty shop with a current active license...
§60-8-6c. Winery and Farm Winery License to Sell Wine Growlers and Provide Complimentary Samples Prior to Purchasing a Wine Growler - (a) Legislative findings. The Legislature hereby finds that it is...
§60-8-6d. Wine Retailer, Wine Specialty Shop, Private Wine Restaurant, Private Wine Bed and Breakfast, Private Wine Spa, Class B Retail Dealer, Private Club Restaurant, Private Manufacturer Club, Class a Retail Licensee, and Class B Retail Licensee S... - (a) Legislative findings. The Legislature hereby finds that it is...
§60-8-6e. Private Wine Delivery License for a Licensed Class a Wine Licensee or a Third Party; Requirements; Limitations; Third Party License Fee; Private Retail Transportation Permit; and Requirements - (a) A Class A wine licensee who is licensed to...
§60-8-6f. Private Wine Delivery License for a Licensed Class B Wine Licensee or a Third Party; Requirements; Limitations; Third Party License Fee; Private Retail Transportation Permit; and Requirements - (a) A Class B wine licensee who is licensed to...
§60-8-7. Records; Inspection - Every person who sells or ships wine as a direct...
§60-8-16. Application for License - (a) Any person desiring a license under this article shall...
§60-8-17. License Issuance or Refusal; Terms of License - (a) Upon receipt of the completed application, fee, and bond...
§60-8-18. Revocation, Suspension, and Other Sanctions Which May Be Imposed by the Commissioner Upon the Licensee; Procedure for Appealing Any Final Order of the Commissioner Which Revokes, Suspends, Sanctions, or Denies the Issuance or Renewal of Any... - (a) The commissioner may on his or her own motion,...
§60-8-19. To Whom Licensed Manufacturer May Sell - A licensed manufacturer who is licensed as a supplier of...
§60-8-20. Unlawful Acts Generally - It is unlawful: (a) For a supplier or distributor to...
§60-8-20a. Unlawful Acts by Persons - (a) Any person under the age of twenty-one years who...
§60-8-21. Sale in Sealed, Labeled Packages Required - All wines sold pursuant to this article, except that sold...
§60-8-22. Sales on Credit Prohibited; Exception - It shall be unlawful for a distributor to sell or...
§60-8-23. Duties and Powers of Commissioner; Rules - (a) The commissioner is authorized: (1) To enforce the provisions...
§60-8-24. Disposition of Revenue - (a) The first $200,000 of fees collected under the provisions...
§60-8-25. Criminal Penalties; Public Nuisances - (a) Any person who violates any provision of this article...
§60-8-26. Forfeiture of Bond - On conviction of a violation of any provision of this...
§60-8-27. Local Option Elections - The question "Shall the sale of alcoholic beverages under the...
§60-8-28. Wine Brand Licensing and Registration and Review of Wine Labels - §60-8-28. Wine brand licensing and registration and review of wine...
§60-8-29. Affidavit of Compliance Required of Distributors and Suppliers - Each applicant for a distributors license or a suppliers license...
§60-8-30. Exclusive Franchise Agreements Prohibited - It shall be illegal for any manufacturer, winery, farm winery...
§60-8-31. Other Unlawful Acts - It is unlawful: (a) For a distributor to discriminate in...
§60-8-32. Where Wine May Be Sold at Retail - §60-8-32. Where wine may be sold at retail. Except as...
§60-8-32a. Where Wine May Be Sold and Consumed for On-Premises Consumption - (a) With prior approval of the commissioner, a Class A...
§60-8-33. Certain Prohibitions Not Applicable - The prohibitions contained in subdivisions (h) and (j), section thirteen,...
§60-8-34. When Retail Sales Prohibited - It is unlawful for a retailer, farm winery, wine specialty...
§60-8-35. Other Unlawful Acts - No person while on the premises of any retailer licensed...
Article 8A. Manufacture and Sale of Hard Cider
§60-8A-1. Definition of Hard Cider - "Hard Cider" means a type of wine that is derived...
§60-8A-2. Applicability of Other Laws and Licenses - (a) Except as stated in this article, all wine licenses...
§60-8A-3. Taxation; Reporting; Deposits Into Agriculture Development Fund; Penalties for Failure to File Returns; Application of State Tax Law; Rulemaking Authority - (a) There is hereby levied and imposed on all hard...
§60-8A-4. Fruit Sources; Phase In; Applications - (a) On and after July 1, 2021, pursuant to 60-3-25...
§60-8A-5. Winery or Farm Winery Licensee S Authority to Manufacture, Sell, and Provide Complimentary Samples; Growler Sales; Advertisements; Taxes; Fees; Rulemaking - (a) Sales of hard cider. A licensed winery or farm...
§60-8A-6. Rule-Making Authorization - The West Virginia Alcoholic Beverage Control Commissioner may propose legislative...
Article 9. Cigarettes Produced for Export; Imported Cigarettes
§60-9-1. Definitions - (a) As used in this article: (1) "Package" means a...
§60-9-2. Cigarettes Produced for Export -- Prohibitions - (a) It is unlawful for any person: (1) To sell...
§60-9-4. Criminal Penalties - Any person that commits any of the acts prohibited by...
§60-9-5. Administrative Sanctions - (a) The State Tax Commissioner may revoke or suspend the...
§60-9-6. Unfair Trade Practices - A violation of section two of this article constitutes an...
§60-9-7. Unfair Cigarette Sales - For purposes of this article, cigarettes imported or reimported into...
§60-9-8. General Enforcement Provisions - (a) This article shall be enforced by the State Tax...
§60-9-9. Applicability - This article does not apply to cigarettes allowed to be...