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WV Code § 60-3A-25a (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§60-3A-25a. Mandatory Verification of Age of Persons Purchasing Alcohol

(a) A licensee who:(1) Has installed a transaction scan device in its licensed premises; and(2) Can demonstrate that it requires each employee, servant, or agent to verify the age of any individual to whom liquor is sold, furnished, or given away by the use of the transaction device may not be subject to: (A) Any criminal penalties whatsoever; (B) any administrative penalties from the commissioner; or (C) any civil liability whatsoever for the improper sale, furnishing or giving away of liquor to an individual who is less than twenty-one years of age by one of his or her employees, servants or agents. Any agent, servant or employee who has improperly sold, furnished or given away liquor to an individual who is less than twenty-one years of age is subject to the criminal penalties of subsection (b) of this section. Any agent, servant, or employee, who has improperly sold, furnished or given away liquor to an individual less than twenty-one years of age, is subject to termination from employment, and the employer shall have no civil liability for the termination.(b) For purposes of this subsection, a licensee can demonstrate that it requires each employee, servant or agent to verify the age of any individual to whom liquor is sold by providing evidence:(1) That it has developed a written policy which requires each employee, servant or agent to verify the age of each individual to whom liquor will be sold, furnished or given away;(2) That it has communicated this policy to each employee, servant or agent; and(3) That it monitors the actions of its employees, servants or agents regarding the sale, furnishing or giving away of liquor and that it has taken corrective action for any discovered noncompliance with this policy.(c) "Transaction scan" means the process by which a person checks, by means of a transaction scan device, the age and identity of the cardholder, and "transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information enclosed on the magnetic strip or bar code of a driver's license or other governmental identity card.
WV Code § 60-3A-26 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§60-3A-26. Civil Penalties

(a) Any retail licensee who violates any provision of this article or any rule promulgated by the board or commissioner, may be assessed a civil penalty by the commissioner which penalty shall not be more than $1,000 for each such violation. Each violation shall constitute a separate offense. In determining the amount of the penalty, the commissioner shall consider the retail licensee's history of previous violations, the appropriateness of such penalty to the size of the business of the retail licensee charged, the gravity of the violation and the demonstrated good faith of the retail licensee charged in attempting to achieve rapid compliance after notification of a violation.(b) A civil penalty shall be assessed by the commissioner only after the commissioner shall have given at least ten days' notice to the retail licensee. Notice shall be in writing, shall state the reason for the proposed civil penalty and the amount thereof, and shall designate a time and place for a hearing where the retail licensee may show cause why the civil penalty should not be imposed. Notice shall be sent by certified mail to the address for which the retail license was issued. The retail licensee may, at the time designated for the hearing, produce evidence in his or her behalf and be represented by counsel.(c) The provisions of subsections (b), (c), (d) and (e) of section twenty-eight of this article are applicable to any such hearing and with respect to judicial review thereafter.
WV Code § 60-3A-27 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§60-3A-27. Suspension or Revocation of Retail License

(a) The commissioner may, upon his or her own motion, or upon the sworn complaint of any person, conduct an investigation to determine if any provision of this article or of any rule promulgated by the board or commissioner under authority of this article has been violated by any retail licensee. The commissioner may suspend or revoke a retail license if the retail licensee or any employee thereof acting in the scope of his or her employment has violated any such provision, and may suspend a retail license without hearing for a period not to exceed twenty days if he or she finds probable cause to believe that the retail licensee or any employee thereof acting in the scope of his or her employment has willfully violated any such provision.(b) The commissioner may revoke a retail license for any reason which would constitute grounds for the denial of an application filed pursuant to section eight of this article.
WV Code § 60-3A-27a (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§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 if the licensee fails to operate at least one of the retail outlets authorized under the license. The commissioner may revoke a Class B retail license if the licensee fails to operate the retail outlet authorized under the license.(2) The commissioner may not accept the bid of a person who has had a license revoked pursuant to subdivision (1) of this subsection when the license is offered for bid following the revocation.(b)(1) Where a person operates at least one of the retail outlets authorized under a Class A license, but fails to operate the full number of retail outlets authorized under the license, the commissioner may reduce the number of retail outlets the person is authorized to operate under the license by the number that is not being operated.(2) Notwithstanding any provision of section seven of this article to the contrary, the board may authorize the commissioner to issue, subject to the bid requirements of section ten of this article, a Class B license in the stead of each retail outlet for which authority to operate under a Class A license has been reduced under subdivision (1) of this subsection.(3) The commissioner may not accept the bid of a person who has had the number of retail outlets authorized under a license reduced pursuant to subdivision (1) of this subsection for any Class B license issued in the stead of a retail outlet previously authorized under the reduced license.(c) The board shall propose legislative rules for promulgation pursuant to the provisions of article three, chapter twenty-nine-a of this code prescribing the criteria under which the commissioner is to determine whether a retail licensee has failed to operate an outlet.(d) A revocation or reduction under this section is subject to the provisions for notice, hearing and review prescribed in section twenty-eight of this article.
WV Code § 60-3A-28 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§60-3A-28. Notice of and Hearing on Revocation; Right of Appeal; Appeal Procedures

(a) Before a retail license issued under the authority of this article is suspended for a period of more than twenty days, or revoked, the commissioner shall give at least ten days' notice to the retail licensee. Notice shall be in writing, shall state the reason for suspension or revocation, and shall designate a time and place for a hearing where the retail licensee may show cause why the retail license should not be suspended or revoked. Notice shall be sent by certified mail to the address for which the retail license was issued. The retail licensee may, at the time designated for the hearing, produce evidence in his or her behalf and be represented by counsel.(b) The hearing and the administrative procedures prior to, during and following the hearing are governed by and shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code in like manner as if the provisions of article five were fully set forth in this section.(c) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, any person adversely affected by a final order entered following the hearing has the right of judicial review by the circuit court of Kanawha County or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales: Provided, That in all other respects, such review shall be conducted in the manner provided in chapter twenty-nine-a of this code. The petition for the review must be filed with the circuit court within thirty days following entry of the final order issued by the commissioner. An applicant or licensee obtaining the review is required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to the matter to circuit court.(d) The judgment of the circuit court reviewing the order of the commissioner is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.(e) Legal counsel and services for the commissioner in all the proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.(f) Upon final revocation, the commissioner shall proceed to reissue the retail license by following the procedures set forth herein for the initial issuance of a retail license.
WV Code § 60-3A-29 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§60-3A-29. Disposition of Inventory Upon Revocation or Surrender of Retail License

In the event of the revocation, expiration or surrender of any retail license in accordance with the provisions of this article, the commissioner may, in his or her discretion, purchase, or authorize another person to purchase, all or any portion of the liquor inventory of the retail licensee. If the commissioner elects to purchase, or authorizes another person to purchase, the inventory or any portion of the inventory, the retail licensee shall sell the inventory as directed by, and upon terms determined by, the commissioner.
WV Code § 60-3A-31 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 3A. Sales by Retail Liquor Licensees|§60-3A-31. Rules of Construction; Severability

(a) Nothing contained in this article shall be construed to modify the provisions of article five of this chapter relating to local option elections, except that the references to sales of liquor by the commissioner shall be deemed to refer to sales of liquor by retail licensees.(b) If any section, subsection, subdivision, provision, clause or phrase of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, subsections, subdivisions, provisions, clauses or phrases or applications of the article, and to this end each and every section, subsection, subdivision, provision, clause and phrase of this article is declared to be severable. The Legislature hereby declares that it would have enacted the remaining sections, subsections, provisions, clauses and phrases of this article even if it had known that any sections, subsections, subdivisions, provisions, clauses and phrases thereof would be declared to be unconstitutional or invalid, and that it would have enacted this article even if it had known that the application thereof to any person or circumstance would be held to be unconstitutional or invalid.(c) The provisions of subsection (b) of this section shall be fully applicable to all future amendments or additions to this article, with like effect as if the provisions of said subsection (b) were set forth in extenso in every such amendment or addition and were reenacted as a part thereof.(d) In the event of any conflict between any provision of this article and any other provision of this code, any such other provision shall be construed and applied so as to enable the board and commissioner to implement and make effective the provisions of this article.
WV Code § 60-4-1 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|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 the provisions of this article. Licenses shall be issued and renewed for the period of the calendar year.
WV Code § 60-4-2 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-2. Licenses for Manufacture

(a) The commission may grant licenses for the manufacture of alcoholic liquors. Separate licenses shall be issued to the following classes of manufacturing establishments:(1) Distilleries in which only alcoholic liquors other than wine or beer is manufactured;(2) Wineries in which only wines are manufactured;(3) Breweries in which beer is manufactured;(4) Bottling plants in which beer only is bottled;(5) Industrial plants in which alcohol is distilled, manufactured or otherwise produced for scientific, chemical, mechanical or industrial purposes;(6) Farm wineries in which only wines are manufactured; and(7) Mini-distilleries in which only alcoholic liquors other than wine, beer or nonintoxicating beer are manufactured.(b) The commission may grant multiple licenses for the manufacture of alcoholic liquors or nonintoxicating beer to the same person or entity: Provided, That such licensure does not violate other provisions of this code, the licensee meets all requirements for the license established by the commissioner, and licensee submits the full payment of all fees required for licensure: Provided, however, That the licensee maintains all the rights and privileges associated with each license not violative of state or federal law.
WV Code § 60-4-3 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-3. To Whom Licensed Manufacturer May Sell

A person who is licensed to manufacture alcoholic liquors in this state may sell liquors in this state only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter: Provided, That a holder of a winery or a farm winery license may sell wines and a holder of a distillery, mini-distillery, or micro-distillery license may sell alcoholic liquors manufactured by it in this state in accordance with the provisions of 60-6-2 of this code. Hours of retail sale by a winery or a farm winery or distillery, mini-distillery or micro-distillery are subject to regulation by the commissioner. A winery, distillery, farm winery, or mini-distillery may sell and ship alcoholic liquors outside of the state subject to provisions of this chapter.
WV Code § 60-4-4 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§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 alcoholic liquors at wholesale from or through the commission for the purpose of resale within the state. Such wholesale druggists shall have the right to purchase ethyl alcohol, for nonbeverage purposes, at wholesale, and for resale to pharmacists, or druggists or drugstores employing a duly licensed pharmacist, having a regular place of business, or to other persons licensed to purchase ethyl alcohol from the commission, from distillers, manufacturers, jobbers or other wholesale druggists, whether within or without the state, and whether the seller has a permit or license from the commission to sell same, and ship and transport or cause same to be shipped and transported to their places of business, upon filing with the commission at the time of or prior to such purchase a copy of the purchase order for same, together with a statement in writing showing approximately when, and in what manner the ethyl alcohol so purchased will be shipped or transported to their places of business.
WV Code § 60-4-5 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§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 liquors at wholesale from or through the West Virginia liquor control commission for industrial, or scientific uses, or for use in institutions as provided in article six, section five of this chapter, and may, by special permit for such fee as the commission may fix, authorize transactions at wholesale for the purchase of alcohol for scientific, chemical, mechanical or industrial purposes only; but, no license fee shall be required from institutions, departments, or agencies of the state government or any political subdivision thereof.The commission may issue, without fee, special permits authorizing religious organizations to purchase, upon orders approved by the commission, wine for sacramental purposes.
WV Code § 60-4-6 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§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, upon prescription, and for the purposes provided for in this chapter, alcoholic liquors purchased from the commission. Any pharmacist, or retail druggist or drugstore employing a duly licensed pharmacist, having a regular place of business, may, upon filing with the commission, at the time of or prior to any purchase, a copy of the purchase order together with a written statement showing approximately when and in what manner any ethyl alcohol purchased will be shipped or transported, purchase from distillers, manufacturers, jobbers or wholesalers, whether within or without the state, and whether the seller has a permit or license to sell the same, ethyl alcohol for use in compounding or manufacturing any of the medical or other preparations mentioned in section four of article six of this chapter, and ship and transport or cause same to be shipped and transported to his place of business.
WV Code § 60-4-7 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-7. Stills Used for Laboratory or Pharmaceutical Purposes

The commission shall license without fee a still used solely for laboratory purposes in an educational institution and a still used solely for pharmaceutical purposes.
WV Code § 60-4-7a (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§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 individual to manufacture ethyl alcohol solely for personal use by the individual in the production of gasohol and not for sale.For purposes of this section, the term "gasohol" means any product suitable for use as a fuel in an internal combustion engine containing at least ten percent alcohol distilled from agricultural products or from any other nonpetroleum organic material.
WV Code § 60-4-8 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-8. Stills Used by Commercial Chemists for Laboratory Purposes

The commission shall license a still used by a commercial chemist for laboratory purposes only, and not used for the purpose of the manufacture of alcoholic liquors for resale, at a fee of $5.
WV Code § 60-4-9 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§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. Licenses shall not be transferable but, with the approval of the commission in such form and manner as the commission may prescribe, may be amended to change the location of the business licensed.
WV Code § 60-4-10 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-10. Notice of Application for License

A person who desires to apply for a license authorized by the provisions of this chapter shall, not more than thirty nor less than ten days before the filing of formal application, give notice of his intention. He shall give notice by posting a statement of his intention in such form as the commission may require at the front door or principal entrance of the place where the business is to be conducted. He shall also publish notice, in such form as the commission may require, as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which he intends to do business: Provided, however, That retail druggists desiring to sell alcoholic liquors on prescriptions shall not be subject to the provisions of this section: Provided further, That such retail druggists shall file formal application in writing with the commission and shall pay the license fee.
WV Code § 60-4-11 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-11. Time to File Application and Pay Fee

Not less than ten days after giving notice of his intention, a person desiring to apply for a license shall file formal application, in writing, with the commission and shall pay the license fee.
WV Code § 60-4-12 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-12. License Granted or Refused Within Fifteen Days; Refund of Fee

Within fifteen days after the filing of formal application for a license the commission shall either grant or refuse the license.If the commission refuses to grant the license he shall refund the license fee.
WV Code § 60-4-13 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-13. When License to Be Refused

The commission shall refuse the license if it finds that:(1) The applicant is not a suitable person;(2) The place to be occupied by the applicant is not a suitable place;(3) A sufficient number of licenses have already been issued.
WV Code § 60-4-14 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-14. Annual Payment of License Fee; Effect of Failure to Pay

A person possessing a license issued under the provisions of this chapter shall pay the fee annually on or before January 1, of each year. If the license fee is not paid on that day, the license shall be automatically revoked, unless the commission shall, for good cause, grant an extension in writing for not more than ten days.
WV Code § 60-4-15 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-15. Amount of License Fees

A person to whom a license is issued under the provisions of this chapter shall pay annually to the commissioner a license fee as follows, for:(1) Distilleries, $1,500;(2) Wineries, $1,500;(3) Breweries, $1,500;(4) Bottling plants, $100;(5) Wholesale druggists, $50;(6) Institutions, $10;(7) Industrial use, $50;(8) Industrial plants producing alcohol, $250;(9) Retail druggists, $10;(10) Farm wineries, $50;(11) Mini-distilleries, $50;(12) Micro-distillers, $750.