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WV Code § 47-10-6a (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 10. Liquid Fuels and Lubricating Oils|§47-10-6a. Posting of the Alcoholic Content of Gasoline

Any retail distributor of gasoline who sells gasoline to which has been added any alcohol, whether methanol, ethanol or other form of alcohol, shall post upon or near every pump maintained for the delivery of gasoline to a consumer a prominent notice stating the name of the alcoholic additive and the percentage it comprises of the gasoline delivered through the pumps.
WV Code § 47-10-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 10. Liquid Fuels and Lubricating Oils|§47-10-7. Offenses; Penalties; Revocation of Distributor's License

Any person, firm or corporation, or any officer, agent, or employee thereof, who shall violate any provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine, for the first offense, of not less than $25 nor more than $200; and for a second or any subsequent offense, by a fine of not less than $50 nor more than $500; and in addition to the penalties aforesaid, upon conviction of a second offense hereunder, the permit and license certificate provided for by section two, article fourteen, chapter eleven of this code, theretofore issued to such violator, shall be canceled and taken up by the State Tax Commissioner; and no other certificate of license shall be issued to such person by said State Tax Commissioner for a period of one year from the date of such cancellation.
WV Code § 47-11A-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-1. Legislative Findings; Designation of Article

(a) The Legislature hereby finds that the sale of goods at prices below the cost thereof can result in economic maladjustments and tend toward the creation of monopolies, thereby destroying fair and healthy competition; therefore, the below-cost sale of goods with the intent to destroy or the effect of destroying competition is deemed an unlawful unfair trade practice.(b) This article shall be known as and designated the Unfair Trade Practices Act.
WV Code § 47-11A-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-2. When Selling Below Cost Prohibited; Penalty

Except as otherwise provided in this article, it shall be unlawful for any person, partnership, firm, corporation, or other entity engaged in business as a retailer or wholesaler within this state to sell, offer for sale, or advertise for sale any product or item of merchandise at a price less than the cost thereof with the intent to destroy or the effect of destroying competition. Each violation shall constitute a misdemeanor and, upon conviction thereof, any person, partnership, firm, corporation, or other entity violating this section shall be subject to the penalty set forth in 47-11A-11 of this code.
WV Code § 47-11A-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-3. When Rebates and Special Privileges Prohibited; Penalty

The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is an unfair trade practice and any person, partnership, firm, corporation, joint-stock company, or other association resorting to such trade practice shall be deemed guilty of a misdemeanor and, on conviction thereof shall be subject to the penalties set out in section eleven of this article.
WV Code § 47-11A-4 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-4. Personal Responsibility of Directors, Officers or Agents

Any person who, either as director, officer or agent of any firm or corporation or as agent of any person violating the provisions of this article, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm or corporation for whom or for which he acts.
WV Code § 47-11A-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-5. “Retailer” and “wholesaler” Defined; Sales and Transfers Subject to Article

(a) The term “retailer” shall mean and include every person, partnership, firm, corporation, or other entity engaged in the business of making sales at retail within this state: Provided, however, That in the case of a person, partnership, firm, corporation, or other entity engaged in the business of making sales both at retail and at wholesale, such term shall be applied only to the retail portion of such business.(b) The term “wholesaler” shall mean and include every person, partnership, firm, corporation, or other entity engaged in the business of making sales at wholesale within this state: Provided, That in the case of a person, partnership, firm, corporation, or other entity engaged in the business of making sales both at retail and wholesale, such term shall be applied only to the wholesale portion of such business.(c) The provisions of this article shall be applicable to all sales at retail made by a retailer as herein defined, and shall be applicable to any transfer for a valuable consideration made in the ordinary course of trade, or the usual prosecution of the retailer's business, of title to tangible personal property to the purchaser for consumption or use other than resale or further proceedings or manufacturing, and shall be applicable also to any transfer of such property where title is retained by the retailer as security for the payment of such purchase price.(d) The provisions of this article shall be applicable to all sales at wholesale, and shall be applicable to any transfer for a valuable consideration made in the ordinary course of trade or in the usual prosecution of the wholesaler’s business, of title to tangible personal property to the purchaser for purposes of resale or further proceedings or manufacturing, and shall be applicable also to any such transfer of property where title is retained by the seller as security for the payment of the purchase price.
WV Code § 47-11A-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-6. How Cost Determined

(a) The term "cost" when applicable to the business of retailer shall mean bona fide cost andshall mean: (i) The invoice cost of each separate or distinct product or item of merchandise to the retailer to include applicable taxes, or the replacement cost thereof to the retailer within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts, except customary discounts for cash; and (ii) to either of which there shall be added freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to retail outlet if done or paid for by the retailer. (b) The term "cost" when applicable to the business of a wholesaler shall mean bona fide cost and shall mean: (i) The invoice cost of the merchandise to the wholesaler to include applicable taxes, or the replacement cost of the merchandise to the wholesaler within 30 days prior to the date of sale, offer for sale, or advertisement for sale, as the case may be, in the quantity last purchased, whichever is lower, from either of which there shall be deducted all trade discounts except customary discounts for cash; and (ii) to either of which there shall be added the following items of expense:(1) Freight charges not otherwise included in the cost of the article, product, or item of merchandise, but which freight charges shall not be construed as including cartage to the retail outlet if done or paid for by the wholesaler;(2) A markup to cover, in part, the cost of doing business, which markup in the absence of proof of a lesser cost, shall be four percent of the aggregate of invoice cost or replacement cost (whichever is used), less trade discounts as aforesaid, and plus said freight charges: Provided, That such a markup to cover the cost of doing business as provided for in this subdivision shall be exclusive of any federal and state motor fuel taxes.
WV Code § 47-11A-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-7. When Invoice Cost of Goods Purchased at Forced, etc., Sale May Be Used

In establishing the "cost" of a given article, product or item of merchandise to the vendor, the invoice cost of any article, product or item of merchandise purchased at a forced, bankrupt, close-out sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost as of the date of said sale of said article, product or item of merchandise replaced through the ordinary channels of trade, unless said article, product or merchandise is kept separate from goods purchased in the ordinary channels of trade and unless said article, product or item of merchandise is advertised and sold as merchandise purchased at a forced, bankrupt, close-out sale, or by means other than through the ordinary channels of trade, and said advertising shall state the conditions under which said goods were so purchased, and the quantity of such merchandise to be sold or offered for sale.
WV Code § 47-11A-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-8. Sales Exempt

The provisions of this article shall not apply to any sale, offer for sale, or advertisement to sell made:(a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing trade in any such stock or commodity;(b) When perishable merchandise must be sold promptly to avert loss to the retailer or wholesaler by spoilage or depreciation;(c) When the goods are damaged or deteriorated in quality or when merchandise is sold in bona fide clearance sales and, in each case, merchandise is advertised, marked and sold as such;(d) By an officer acting under the orders of any court;(e) To meet the price of a competitor;(f) Involving a discount or rebate earned by purchases through the use of a bonus, loyalty or rewards program or involving the redemption of credits, discounts or rebates through a bonus, loyalty or rewards program;(g) For charitable purposes or to relief agencies;(h) Where merchandise is sold on contract to departments of the government or governmental institutions; and(i) During and for fifteen days after a business grand opening as determined by the completion date.
WV Code § 47-11A-9 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-9. Injunctions; Damage Suits; and Jurisdiction

(a) Any person, partnership, firm, corporation, or other entity injured by a violation of 47-11A-2 or 47-11A-3 of this code may maintain an action to enjoin a continuance of any such violation in the circuit court of the county wherein said violation is alleged to have occurred. If a violation is established in such an action, the court shall enjoin, restrain, or otherwise prohibit such violation. In such action, if damages are alleged and proven, the plaintiff in the action, in addition to injunctive relief, shall recover from the defendant the actual damages sustained and proven to be a result of the violation, and the court may award the plaintiff treble damages, court costs, litigation costs, and attorneys fees.(b) In the event no injunctive relief is sought or required, any person, partnership, firm, corporation, or other entity injured by a violation of the provisions of this article may maintain an action for damages alone in the circuit court of the county wherein said violation is alleged to have occurred. If a violation is established in such an action and proven, a plaintiff shall recover from the defendant the actual damages sustained and proven to be a result of the violation, and the court may award the plaintiff treble damages, court costs, litigation costs, and attorneys fees.(c) In any action under subsections (a) and (b) of this section it shall be an absolute defense that the sale price of any product or item of merchandise alleged to be in violation of this article is equal to or greater than the sales price of the same product or item being sold by a competitor of the defendant.(d) A court may dismiss any action under subsections (a) and (b) of this section upon a motion for summary judgment if the court finds pursuant to Rule 56 of the West Virginia Rules of Civil Procedure that the provisions of subsection (c) of this section have been satisfied.(e) The circuit courts of this state shall have jurisdiction of actions under this section.
WV Code § 47-11A-11 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-11. Penalties for Violations

Any person, firm, partnership, corporation, joint-stock company or other association, whether as principal, agent, officer or director, for or itself, or for another person, or for any person, firm, partnership, corporation, joint- stock company or other association, who or which shall violate any of the provisions of this article, is guilty of a misdemeanor for each single violation and upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment not exceeding ninety days or by both said fine and imprisonment, in the discretion of the court.
WV Code § 47-11A-12a (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-12a. Unsolicited Goods

No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares or merchandise, where the offer includes the voluntary and unsolicited sending of goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, wares or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner he sees fit without any obligation on his part to the sender.
WV Code § 47-11A-14 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11A. Unfair Trade Practices|§47-11A-14. Purposes of Article

The Legislature declares that the purposes of this article are: (1) To safeguard consumers from the creation of monopolies by prohibiting predatory pricing; (2) to foster market efficiency; and (3) to protect market competition.
WV Code § 47-11B-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales|§47-11B-1. Legislative Findings

The Legislature hereby finds and declares that certain sales of goods, defined in this article as "closing-out sales,""sales of goods damaged by fire, smoke or water" or "defunct business sales" have heretofore often been advertised and conducted in such manner as to mislead and defraud the public or otherwise harm the public and that such sales should be licensed and regulated to prevent misrepresentation and fraud and to protect and promote the public welfare.
WV Code § 47-11B-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales|§47-11B-2. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:(a) The term "closing-out sale" shall include but not be limited to all sales advertised, represented or held forth under the designation of "quitting business,""going out of business," "discontinuance of business,""selling out,""liquidation,""lost our lease,""must vacate,""forced out,""removal,""branch store discontinuance sale,""building coming down,""end,""final days,""last days,""lease expires,""we give up sale,""we quit sale,""warehouse closing sale,""reorganization sale" and any other advertising or designation by any other expression or characterization similar to any of the foregoing and giving notice to the public that the sale will precede the abandonment of a business location.(b) The term "sale of goods damaged by fire, smoke or water" shall include but not be limited to all sales advertised, represented or held forth under the designation of "fire sale," "smoke damage sale,""water damage sale,""flood damage sale," "insurance sale" and any other advertising or designation by any other expression or characterization similar to any of the foregoing and giving notice to the public that the goods, wares or merchandise offered for sale have been damaged.(c) The term "defunct business sale" shall include but not be limited to all sales advertised, represented or held forth under the designation of "adjuster's sale,""administrator's sale,""assignee's sale,""bankrupt sale,""bankrupt stock sale," "benefit of administrator's sale,""benefit of creditor's sale," "benefit of trustee's sale,""creditor's committee sale," "creditor's sale,""executor's sale,""insolvent sale,""mortgage sale,""receiver's sale,""trustee's sale" and any other advertising or designation by any other expression or characterization similar to any of the foregoing and conveying the same meaning or giving notice to the public of a sale resulting from death, business failure, or other adversity.(d) "Unusual purchase or addition" shall mean any purchase of goods, wares or merchandise during the ninety days preceding the application for a license the total value of which is at least twenty-five percent greater than purchases made by the applicant for a like ninety-day period during any one of three years next immediately preceding the year in which the application is made or his peak purchases for any ninety-day period if he has been in business for less than three years.(e) "Commissioner" shall mean the state commissioner of labor.(f) "Person" shall mean any individual, partnership, association, firm or corporation or the plural thereof.
WV Code § 47-11B-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales|§47-11B-3. License Required; Exceptions

It shall be unlawful for any person in this state to advertise or conduct any sale of any goods, wares or merchandise which is a "closing-out sale,""a sale of goods damaged by fire, smoke or water," or a "defunct business sale" unless a license is first obtained to conduct such a sale from the commissioner as provided in this article.This article shall, however, not be construed to apply to or affect the following persons:(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.(2) Persons who are required to file an accounting with a court of competent jurisdiction.(3) Persons acting in accordance with their powers and duties as public officers such as sheriffs, constables and marshals.(4) Any publisher or employee of a newspaper, magazine or any operator or employee of a radio or television broadcasting station who publishes or broadcasts any such advertisement in good faith without knowledge of its false, deceptive and misleading character or without knowledge that the provisions of this article are not being complied with.(5) Persons conducting sales by and on behalf of licensed insurers.
WV Code § 47-11B-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales|§47-11B-6. Duration of Sale; License Fee

A license to conduct a sale issued pursuant to this article shall be good for no more than a period of thirty consecutive calendar days and may be renewed for one consecutive period not exceeding thirty consecutive calendar days upon the affidavit of the applicant that the goods listed in the inventory have not been disposed of and that no new goods have been or will be added to the inventory previously filed pursuant to this article by purchase, acquisition on consignment, or otherwise. The application for renewal shall be made not more than ten days prior to the time of the expiration of the license and shall contain a new inventory of the goods remaining on hand at the time the application for renewal is made which new inventory shall be prepared and furnished in the same manner and form as the original inventory. The commissioner shall receive from the applicant for such license, upon the granting thereof, a fee of $50 and upon the renewal thereof a fee of $100. The applicant shall not be entitled to a refund of the fee paid if said application is refused, denied or revoked.
WV Code § 47-11B-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales|§47-11B-7. Revocation of License; Grounds

The commissioner may, on his own initiative, or shall, upon the written and verified complaint of any resident of this state, investigate any person licensed by him under the provisions of this article to determine if such person is violating or has violated this article. The commissioner shall immediately revoke such person's license if, after such investigation, he shall determine that:(1) Any sale by the applicant is conducted in violation of any provision of this article,(2) The applicant has made any material misstatement in his application for said license,(3) The applicant has failed to include in the inventory required by the provisions of this article the goods, wares or merchandise required to be contained in such inventory,(4) The applicant has added or permitted to be added to said sale or offered or permitted to be offered at said sale any goods, wares or merchandise not described in the original application and inventory, or(5) The applicant made or permitted to be made any false, misleading or deceptive statements in advertising said sale, whether written or oral, or in displaying, ticketing or pricing goods, wares or merchandise offered for sale.
WV Code § 47-11B-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 11B. Closing-Out Sales, Fire Sales and Defunct Business Sales|§47-11B-8. Notice of Denial, Refusal or Revocation of License; Judicial Review Thereof

Whenever the commissioner shall deny or refuse to issue a license or shall revoke any license, he shall make and enter an order to that effect and shall cause a copy of such order to be served in person or by certified mail, return receipt requested, on the applicant or person licensed by him as the case may be. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. Any person adversely affected by an order made and entered by the board is entitled to judicial review thereof. Such judicial review shall be in the circuit court for the county in which the sale is to be or is being conducted. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals of West Virginia. Legal counsel and services for the commissioner in appeal proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The commissioner, with the written approval of the Attorney General, may employ special counsel to represent the commissioner in a particular proceeding.