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WV Code § 60-8-26 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-26. Forfeiture of Bond

On conviction of a violation of any provision of this article, upon the revocation of a license in accordance with section eighteen of this article or upon finding of failure of a taxpayer to pay all taxes prescribed by section four of this article, which conviction, revocation or finding has become final, the licensee, former licensee or company registered and licensed as a supplier or distributor, as the case may be, shall forfeit any bond required by section twenty-nine of this article. The penal sum of any bond forfeited shall forthwith be paid to the state Treasurer and credited to the General Revenue Fund of this state. Such sum may be collected by an action at law or other appropriate remedy.
WV Code § 60-8-27 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-27. Local Option Elections

The question "Shall the sale of alcoholic beverages under the West Virginia liquor control commission be permitted in ............................................"? stated in the petition and ballot under the provisions of sections three and five, article five of this chapter shall be deemed to include therein the sale of wine under the provisions of this article. Within thirty days after a "local option election" conducted under the provisions of article five of this chapter in which a majority has voted "No," the commission shall close all state stores and discontinue all agencies within the county or municipality as provided in section seven, article five of this chapter, and each retailer shall cease the sale of wine.
WV Code § 60-8-28 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§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 labels.Every supplier offering wine for sale under this article shall register with the commissioner each wine brand offered for sale in the state and shall pay a fee of $100 for the registration of such wine brand for three years, such fee shall be returned to the supplier if the wine is not registered for sale. No wine brand may be sold under this article unless all of such wine brand's labels intended for sale in the state have been registered and reviewed by the commissioner. Every supplier offering various wine labels of a registered and reviewed wine brand for sale in the state shall submit all of the wine brand's labels intended for sale in the state for registration prior to the sale of such wine labels in the state for no additional fees. After the expiration of three years, the supplier may renew the registered wine brand by paying a $100 renewal fee for three more years and every three years thereafter. Prior to registration of any wine labels, the commissioner shall review the wine labels. This review shall include, but not be limited to, a review of the alcohol content, corporate or product information, marketing and advertising so that the wine label is not intended to be marketed to persons less than twenty-one years of age. The commissioner shall remove all nonrenewed wine labels and any licensee who sells wine with nonrenewed wine labels shall be subject to the penalties under section eighteen of this article. Failure to register, obtain certification and pay the annual fee for a wine brand and failure to register the wine brand's labels will subject the supplier to penalties under said section.
WV Code § 60-8-29 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-29. Affidavit of Compliance Required of Distributors and Suppliers

Each applicant for a distributors license or a suppliers license shall furnish at the time of application an affidavit of compliance with federal and state laws regarding tied house laws, trade practice requirements, and furnishing things of value requirements set forth in the code and the rules. The commissioner shall suspend the licenses of licensed distributors and suppliers upon 10 days written notice by the commissioner, for failing to pay their taxes to the Tax Commissioner or who are not otherwise in good standing with the commissioner and other state agencies. If the licensed distributors and suppliers fail to pay their taxes or otherwise fail to take corrective actions to put the licensed distributors and suppliers in good standing within 30 days from the date of suspension of the licensees license, then the commissioner shall revoke the licensees license pursuant to the requirements of this article.
WV Code § 60-8-30 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-30. Exclusive Franchise Agreements Prohibited

It shall be illegal for any manufacturer, winery, farm winery or supplier to enter into any exclusive franchise agreement with any distributor whereby any such distributor is given the exclusive right within this state or in any given territory within this state to distribute the product or products of such manufacturer which are to be sold or distributed pursuant to the provisions of this article. Further, all agreements between a manufacturer, winery, farm winery or supplier and a distributor must be in writing and on file with the commissioner and all such agreements must provide for termination of either party provided that notice of termination is provided in writing and by certified mail to the commissioner and all parties to the agreement ninety days prior to the termination date. Once the notice has been received by either party, the distributor shall: (1) Use the ninety-day period to deplete such distributor's affected wine inventory; or (2) reach some agreement with the manufacturer, winery, farm winery or supplier to return unused salable wine inventory or receive payment for unused salable wine inventory. No new distributor shall be appointed until the conclusion of the ninety days or as the parties have otherwise agreed to complete the termination. For the purposes of this article, "salable" shall mean inventory fit for human consumption or as otherwise determined by the commissioner.
WV Code § 60-8-31 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-31. Other Unlawful Acts

It is unlawful:(a) For a distributor to discriminate in price, sales agreements, terms or services offered to retailers, licensees or to any licensee under article seven of this chapter and further it is unlawful for a supplier to discriminate against a distributor in price, sales agreements, terms or services. "Discriminate", as used in this section, means the granting of more favorable prices, agreements, terms or services to one person than to another.(b) For a distributor, his or her agents, servants or employees to transport or deliver wine to any retail licensee or to any licensee under article seven of this chapter on Sunday or any general election day.(c) For a distributor to sell wines authorized by this article to licensees under article seven of this chapter at a price which is greater than the price at which such wines are sold and distributed to retailers under this article.
WV Code § 60-8-32 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-32. Where Wine May Be Sold at Retail

§60-8-32. Where wine may be sold at retail.Except as to sales permitted to be made by wineries or farm wineries that obtain a retailer's license, private wine bed and breakfasts, private wine restaurants and private wine spas, wine sold pursuant to this article may be sold at retail only by the commissioner and in and by retailers and wine specialty shops as defined by section two of this article.
WV Code § 60-8-32a (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-32a. Where Wine May Be Sold and Consumed for On-Premises Consumption

(a) With prior approval of the commissioner, a Class A wine licensee may sell, serve, and furnish wine for on premises consumption in a legally demarcated area which may include a temporary private wine outdoor dining area or a temporary private wine outdoor street dining area. A temporary private wine outdoor street area shall be approved by the municipal government or county commission in which the licensee operates. The commissioner shall develop and make available an application form to facilitate the purposes of this subsection.(b) The Class A wine licensee shall submit to a municipality or county commission for the approval of the private wine outdoor dining area or private wine outdoor street dining area and submit to the municipality or county commission a revised floorplan requesting to sell wine, subject to the commissioners requirements, in an approved and bounded outdoor area. For private wine outdoor street dining or private wine outdoor dining the approved and bounded outdoor area need not be adjacent to the licensees licensed premises, but in close proximity and under the licensees control and with right of ingress and egress. For purposes of this section, "close proximity," means an available area within 150 feet of the licensees licensed premises. (c) This private wine outdoor dining or private wine outdoor street dining may be operated in conjunction with a private outdoor dining or private outdoor street dining area set forth in 60-7-8d of this code, and nonintoxicating beer or nonintoxicating craft beer outdoor dining or outdoor street dining set forth in 11-16-9 of this code. (d) For purposes of this section, "private wine outdoor dining and private wine outdoor street dining" include dining areas that are: (1) Outside and not served by an HVAC system for air handling services and use outside air; (2) Open to the air; and(3) Not enclosed by fixed or temporary walls; however, the commissioner may seasonally approve a partial enclosure with up to three temporary or fixed walls.Any areas where seating is incorporated inside a permanent building with ambient air through HVAC is not considered outdoor dining pursuant to this subsection. (e) Class A licensees licensed for on-premises sales shall provide food or a meal along with sealed wine in the original container or a sealed wine growler sales and service as set forth in this section and in 60-8-3 of this code, to a patron who is in-person or in-vehicle while picking up food and sealed wine in the original containers or sealed wine growlers ordered-to-go, subject to verification that the purchasing person is 21 years of age or older, and not visibly, or noticeably intoxicated, and as otherwise specified in this article.
WV Code § 60-8-33 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-33. Certain Prohibitions Not Applicable

The prohibitions contained in subdivisions (h) and (j), section thirteen, article sixteen, chapter eleven of this code and the prohibitions contained in subdivisions (1), (2) and (3), section seven, article six of this chapter shall not apply to the holder of a retailer's license issued under the provisions of this article: Provided, That all prohibitions contained within this article shall apply to the holder of a retailer's license notwithstanding the provisions of this section.
WV Code § 60-8-34 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-34. When Retail Sales Prohibited

It is unlawful for a retailer, farm winery, wine specialty shop retailer, private wine bed and breakfast, private wine restaurant, or private wine spa licensee, his or her servants, agents, or employees to sell or deliver wine between the hours of 2:00 a.m. and 6:00 a.m. or, it is unlawful for a winery, farm winery, private wine bed and breakfast, private wine restaurant, or private wine spa, his or her servants, agents, or employees to sell wine between the hours of 2:00 a.m. and 1:00 p.m. in any county upon approval as provided for in 7-1-3ss of this code, or between the hours of 2:00 a.m. and 6:00 a.m. on weekdays, Saturdays, and Sundays.
WV Code § 60-8-35 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8. Sale of Wines|§60-8-35. Other Unlawful Acts

No person while on the premises of any retailer licensed pursuant to this article shall:(1) Break the seal on any package or bottle of wine;(2) Consume alcoholic liquor, wine or beer; or(3) Loiter.
WV Code § 60-8A-1 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|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 primarily from the fermentation of apples, pears, peaches, honey, or other fruit, or from apple, pear, peach, or other fruit juice concentrate and water; contains no more than 0.64 grams of carbon dioxide per 100 milliliters; contains at least one half of one percent and less than 12 and one half percent alcohol by volume; and is advertised, labeled, offered for sale, or sold, as hard cider or cider containing alcohol, and not as a wine, wine product, or as a substitute for wine.
WV Code § 60-8A-2 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8A. Manufacture and Sale of Hard Cider|§60-8A-2. Applicability of Other Laws and Licenses

(a) Except as stated in this article, all wine licenses and other wine requirements set forth in 60-8-1 et seq., 60-4-3b, and 60-6-2, of this code, shall apply to the manufacture, distribution, or sale of hard cider. Any person or licensee legally authorized to manufacture, distribute, or sell wine may manufacture, distribute, or sell hard cider in the same manner and to the same persons, and subject to the same limitations and conditions, as such license or legal right authorizes him or her to manufacture, distribute, or sell wine. No additional wine license fees shall be charged for the privilege of manufacturing, distributing, or selling hard cider.(b) Except as stated in this article, all hard cider distributors are bound by all wine distribution requirements set forth in 60-8-1 et seq., 60-4-3b, and 60-6-2, of this code which shall apply to distribution of hard cider. Any person or licensee legally authorized to distribute hard cider may distribute hard cider in the same manner and to the same persons, and subject to the same limitations and conditions, as a license or legal right would authorize him or her to distribute wine. An additional hard cider license fee shall not be charged for the privilege of distributing hard cider.
WV Code § 60-8A-4 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8A. Manufacture and Sale of Hard Cider|§60-8A-4. Fruit Sources; Phase In; Applications

(a) On and after July 1, 2021, pursuant to 60-3-25 of this code, any farm winery attempting to manufacture hard cider may apply to the Agriculture Commissioner with a copy to the commissioner showing its inability to obtain 75 percent of the apples, pears, peaches, honey, or other fruits necessary to produce its hard cider from within this state. The Agriculture Commissioner may issue a permit to the applicant to import such fruit, honey, or fruit juice concentrate in an amount determined necessary by the Agriculture Commissioner to allow the farm winery to produce hard cider within the percentage established by 60-1-5a of this code. (b) The burden of proof is on the applicant to show that apples, pears, peaches, honey, or other fruits, of the type normally used by the licensee are not available from any other source within the State of West Virginia. The commissioner shall not consider an application for a permit under this section unless it is accompanied by written findings by the Agriculture Commissioner in support of the application.(c) Notwithstanding any provision in 60-3-25 of this code, to the contrary, any permit issued under this section is effective for a period of up to three years: Provided, That the applicant files an annual statement of necessity, supported by written findings from the Agriculture Commissioner, with the commissioner. After the five-year permit issued pursuant to this section has expired, the applicant shall submit any subsequent application for a permit pursuant to 60-3-25 of this code.
WV Code § 60-8A-6 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 8A. Manufacture and Sale of Hard Cider|§60-8A-6. Rule-Making Authorization

The West Virginia Alcoholic Beverage Control Commissioner may propose legislative rules for legislative approval, pursuant to 29A-3-1 et seq. of this code, to implement this article.
WV Code § 60-9-1 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 9. Cigarettes Produced for Export; Imported Cigarettes|§60-9-1. Definitions

(a) As used in this article:(1) "Package" means a pack, carton or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers.(2) "Importer" means "importer" as that term is defined in 26 U.S.C. 5702(1).(3) "Person" means and includes any individual, firm, association, company, partnership, corporation, joint-stock company, club, agency, syndicate, municipal corporation or other political subdivision of this state, trust, receiver, trustee, fiduciary or conservator, and when used in connection with any penalties imposed by this article, means and includes officers, directors, trustees or members of any firm, copartnership, association, corporation, trust or any other unit acting as a group.(4) "Retailer" means and includes every person in this state, other than a wholesaler or subjobber, as defined in section two, article seventeen, chapter eleven of this code, engaged in the selling of cigarettes at retail to a consumer or to any person for any purpose other than resale.
WV Code § 60-9-2 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 9. Cigarettes Produced for Export; Imported Cigarettes|§60-9-2. Cigarettes Produced for Export -- Prohibitions

(a) It is unlawful for any person:(1) To sell or distribute to consumers in this state, to acquire, hold, own, possess or transport, for sale or distribution in this state, or to import, or cause to be imported, into this state for sale or distribution in this state:(A) Any cigarettes the package of which:(i) Bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States, including, but not limited to, labels stating "for export only," "U.S. tax-exempt," "for use outside U.S." or similar wording; or(ii) Does not comply with:(I) All requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged or imported for sale, distribution, or use in the United States, including, but not limited to, the precise warning labels specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; and(II) All federal trademark and copyright laws;(B) Any cigarettes imported into the United States in violation of 26 U.S.C. 5754 or any other federal law or the implementing federal regulations;(C) Any cigarettes that the person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed or used in the United States; or(D) Any cigarettes for which there has not been submitted to the secretary of the United States department of health and human services, the list or lists of the ingredients added to tobacco in the manufacture of such cigarettes required by the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1355a;(2) To alter the package of any cigarettes, prior to sale or distribution to the ultimate consumer, so as to remove, conceal or obscure:(A) Any statement, label, stamp, sticker or notice described in subparagraph (i), paragraph (A), subdivision (1), subsection (a) of this section; or(B) Any health warning that is not specified in, or does not conform with the requirements of, the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; or(3) To affix any stamp required pursuant to article seventeen, chapter eleven of this code to the package of any cigarettes described in subdivision (1), subsection (a) of this section or altered in violation of subdivision (2), subsection (a) of this section.
WV Code § 60-9-4 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 9. Cigarettes Produced for Export; Imported Cigarettes|§60-9-4. Criminal Penalties

Any person that commits any of the acts prohibited by section two of this article, either knowing or having reason to know he or she is doing so is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in a state correctional facility not more than five years, or both fined and imprisoned.
WV Code § 60-9-6 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 9. Cigarettes Produced for Export; Imported Cigarettes|§60-9-6. Unfair Trade Practices

A violation of section two of this article constitutes an unlawful trade practice as provided in article eleven-a, chapter forty-seven of this code and, in addition to any remedies or penalties set forth in this article, is subject to any remedies or penalties for a violation of that article.The Alcohol Beverage Control Commissioner shall enforce each and every provision of the Unfair Trade Practices Act in article eleven-a, chapter forty-seven of this code with respect to packages of cigarettes with like effect as if that article were set forth in extenso herein.
WV Code § 60-9-7 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 9. Cigarettes Produced for Export; Imported Cigarettes|§60-9-7. Unfair Cigarette Sales

For purposes of this article, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress, or trademark that is the same as, or is confusingly similar to, any trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States shall be presumed to have been purchased outside of the ordinary channels of trade.
WV Code § 60-9-8 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 9. Cigarettes Produced for Export; Imported Cigarettes|§60-9-8. General Enforcement Provisions

(a) This article shall be enforced by the State Tax Commissioner and the Alcohol Beverage Control Commissioner and for the purpose of enforcing this article, the commissioners may request information from any state agency, Constitutional officer or local agency and, notwithstanding the provisions of section five-d, article ten, chapter eleven of this code or any other provision of this code, may share information with, and request information from, any federal agency and any agency or Constitutional officer of this or any other state or any local agency thereof.(b) A person that acquires, holds, owns, possesses, transports in or imports into this state cigarettes that are subject to this article shall, with respect to the cigarettes, maintain and keep all records required pursuant to article seventeen, chapter eleven of this code.(c) In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief for a violation of this article; actual damages, if any, sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of complaint, taxable costs, and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of three times the actual damages sustained by reason of the violation.