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WV Code § 60-4-16 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-16. Records and Monthly Reports Required of Licensee

The commission shall prescribe records to be kept by licensees and shall require regular reports at least every thirty days of the amounts and kinds of alcoholic liquors manufactured, sold, or kept in stock under the authority of a license issued according to the provisions of this article.Records which the licensee is required to keep shall be open at all reasonable times to inspection by the commission or its agents.
WV Code § 60-4-17 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-17. Rules, Regulations and Reports Necessary for Effective Administration

The commission shall have the authority to prescribe such rules and regulations and to require the reporting of such information by licensees as may be necessary for the effective administration of the provisions of this chapter.
WV Code § 60-4-18 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-18. Taxation, etc., of Licensees by Municipal Corporations

A municipal corporation shall not impose a fee or a special tax as a condition upon the exercise of a license issued under the provisions of this chapter.
WV Code § 60-4-19 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-19. When License Revoked

The commissioner may revoke a license issued under this article upon a finding that:(1) The licensee is not a suitable person;(2) The place occupied by the licensee is not a suitable place;(3) The licensee has violated a provision of this chapter or a regulation made by the commissioner under the authority of this chapter; or(4) The licensee has failed to comply with the spirit and intent of this chapter by encouraging intemperance, the unlawful consumption of alcoholic liquors, or otherwise.
WV Code § 60-4-20 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-20. Notice of and Hearing on Revocation; Disposition of Stock

Before revoking a license issued under the authority of this chapter, the commission shall give at least ten days' notice to the licensee. Notice shall be in writing, shall state the reason for revocation and shall designate a time and place when the licensee may show cause why the license should not be revoked. Notice shall be sent by registered mail to the address for which the license was issued. The licensee may, at the time designated for the hearing, produce evidence in his behalf and be represented by counsel. On the final revocation of a license or licenses the commission shall immediately take over the stocks of liquors possessed by the licensee, and pay to the licensee the amount paid by him to the state for such stocks less the amount necessary to defray the costs incurred by the commission in the revocation proceedings.
WV Code § 60-4-21 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 4. Licenses|§60-4-21. Appeal

A decision of the commission granting or revoking, or refusing to grant or to revoke a license authorized by this chapter shall be subject to judicial review upon the appeal of a licensee and applicant for a license, a resident of the community in his own behalf or in behalf of the community, or an interested party who is dissatisfied with the decision of the commission in granting, refusing to grant, revoking or refusing to revoke a license authorized by this chapter, but in any such judicial review only the legality of the decision of the commission under the Constitution and laws of this state and the United States shall be determined.
WV Code § 60-5-1 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|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 especially for the purpose, determine whether the sale of alcoholic liquors for beverage purposes shall be permitted within that county or municipality.A local option election shall not be held within 60 days of a general or municipal election.
WV Code § 60-5-2 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-2. Election Called on Petition of Five Percent of Qualified Voters

The county commission, or the governing body of the municipality, shall call a special local option election upon the filing of a petition signed by not less than five percent of the qualified voters within the county or municipality.
WV Code § 60-5-3 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-3. Form of Petition

The petition shall be in the following form:Petition for Local Option ElectionWe, the undersigned legally qualified voters, resident within the county (municipality) of_______________, do hereby petition that a special election be held within the county (city, town) of __________________ on the ___________ day of __________________, 20 ____, upon the following question:Shall the sale of alcoholic beverages under the West Virginia Alcohol Beverage Control Commissioner be (permitted) (prohibited) in __________________?Name Address Date(Post office or street and number)
WV Code § 60-5-4 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-4. Notice of Election; When Held; Election Officers

The county commission or governing body of the municipality shall give notice of the special local option election by publication thereof as a Class II-0 legal advertisement in compliance with the provisions of 59-3-1 et seq. of this code, and the publication area for such publication shall be the area in which the election is to be held. Such notice shall be so published within 14 consecutive days next preceding the election. The election shall be held not more than 90 nor less than 60 days from the filing of the petition. The regular election officers of the county or municipal corporation shall open the polls and conduct the election in the same manner provided for general elections.
WV Code § 60-5-5 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-5. Form of Ballot

On the ballot shall be printed the following:Shall the sale of alcoholic liquors for off-premises consumption under the West Virginia Alcohol Beverage Control Commissioner be permitted in ________? Yes. No.(Place a cross mark in the square opposite your choice.)
WV Code § 60-5-6 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-6. How Election Conducted and Results Certified

The ballots shall be counted, returns made and canvassed as in general elections, and the results certified by the commissioners of election to the county commission of the county, or the governing body of the municipality. The county commission or governing body shall without delay certify the result of the election to the commissioner.
WV Code § 60-5-7 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-7. Discontinuance of State Stores and Agencies in Local Option Territory

Within 30 days after a local option election in which a majority has voted No, the commissioner shall order the closing of all stores selling alcoholic liquor for off-premises consumption within the county, or municipality.
WV Code § 60-5-8 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-8. When Another Election May Be Held

When a local option election has been held in a county, or municipality, another such election may not be held for a period of two years.
WV Code § 60-5-9 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 5. Local Option Elections|§60-5-9. Allowing State-Wide Off Premises of Alcoholic Liquors; Exceptions; Procedures

(a) Effective July 1, 2020, the sale of alcoholic liquors for off-premises consumption is authorized in all counties and municipalities of the state. (b) Notwithstanding the provisions of subsection (a) of this section, a county or municipality which prior to January 1, 2020, prohibited the sale of alcoholic liquors for off-premises consumption may, pursuant to this subsection, hold a local option election to maintain the prohibition against the sale of alcoholic liquors for off-premises consumption without the petition required by the provisions of 60-5-2 of this code, if it enters an order to hold a local option election on the issue on or before July 1, 2020, in which event the election shall be held concurrent with the 2020 general election. The county commission or municipality may require the state to reimburse it for the actual cost of conducting the local option election authorized by this subsection: Provided, That, as an alternative to the local option election authorized by this subsection, the county commission or governing body of a municipality which prior to January 1, 2020, had prohibited the sale of alcoholic liquors for off-premises consumption may vote to maintain the prohibition and provide certification of the result of the vote to the commissioner on or before July 1, 2020.(c) A county or municipality which prohibits the sale of alcoholic liquors for off-premises consumption pursuant to subsection (b) of this section may later reconsider its action using the procedures set forth in 60-5-1 et seq. of this code.
WV Code § 60-6-1 (2021)
2021 West Virginia Code|Chapter 60. State Control 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 person from keeping and possessing alcoholic liquors in his or her residence for the personal use of himself or herself, his or her family, his or her employee, or his or her guests if the alcoholic liquors have been lawfully acquired by him or her;(2) A person, his or her family, or employee from giving or serving such alcoholic liquors to guests in the residence, when the gift or service is not for the purpose of evading the provisions of this chapter;(3) The holder of a winery or a farm winery license from serving complimentary samples of its wine in moderate quantities for tasting on the winery or the farm winery premises; and(4) The holder of a distillery, mini-distillery, or a micro-distillery license from serving complimentary samples of its alcoholic liquor in moderate quantities for tasting on the distillery, mini-distillery, or micro-distillery premises.
WV Code § 60-6-2 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-2. When Lawful to Manufacture and Sell Wine and Cider

The provisions of this chapter may not prevent:(1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by 60-6-1 of this code.(2) A person from manufacturing and selling unfermented cider;(3) A person from manufacturing and selling cider made from apples produced by him or her within this state to persons holding distillery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;(4) A person from manufacturing and selling wine made from fruit produced by him or her within this state to persons holding winery licenses, if the manufacture and sale is under the supervision and regulation of the commissioner;(5) The holder of a winery or a farm winery license from selling wine for off-premises consumption sold at retail at the winery or the farm winery, as provided in 60-3B-4 of this code, or for any other person who is licensed under this chapter to sell wine as a wine supplier or distributor; and(6) The holder of a distillery, mini-distillery, or micro-distillery license from selling alcoholic liquor for off-premises consumption sold at retail at the distillery, mini-distillery, or micro-distillery, as provided in 60-3A-4 of this code.
WV Code § 60-6-3 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-3. Applicability of Chapter to Certain Uses of Ethyl Alcohol

The provisions of this chapter relating to state monopoly shall not apply to ethyl alcohol used:(1) For scientific, chemical, mechanical or industrial purposes;(2) By those authorized to procure ethyl alcohol tax free under the acts of Congress and regulations thereunder;(3) In the manufacture of denatured alcohol produced and used as provided by the acts of Congress and regulations thereunder;(4) In the manufacture of scientific, chemical, mechanical and industrial preparations or products unfit for beverage purposes;(5) By those authorized to manufacture ethyl alcohol for use in the production of gasohol for personal use pursuant to section seven-a, article four of this chapter.Nothing in this section shall be so construed as to exempt such users of ethyl alcohol from the license and transportation provisions of this chapter.
WV Code § 60-6-4 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-4. Permitted Use by Druggists

The provisions of this chapter shall not prevent a person from manufacturing, selling, delivering or shipping:Any medicine containing sufficient medication to prevent its use as a beverage;Any medicinal preparation manufactured in accordance with formulas prescribed by the United States pharmacopoeia, and national formulary, patent and proprietary preparations, and other bona fide medical and technical preparations, which are manufactured and sold to be used exclusively as medicine and not as beverages, and the sale of which does not now require the payment of a United States liquor dealer's tax;Toilet, medicinal and antiseptic preparations not intended for internal human use nor for beverage purposes;Any food products known as flavoring extracts manufactured and sold for cooking and culinary purposes only and not for beverage purposes;Nor shall such provisions prevent pharmacists, retail druggists or drugstores employing a duly licensed pharmacist, from purchasing or causing to be shipped to their place of business ethyl alcohol for use in compounding or manufacturing any of the medical or other preparations enumerated in this section, as provided in section six, article four of this chapter.
WV Code § 60-6-5 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-5. Applicability of Chapter to Certain Uses by Physicians, Druggists and Others

The provisions of this chapter shall not prevent:(1) A physician from prescribing the use of alcoholic liquors when necessary for a bona fide patient;(2) A druggist from selling, upon a prescription properly issued by a physician, alcoholic liquors for medicinal purposes;(3) A physician, dentist, or veterinarian, in the legitimate practice of his profession, from using and administering alcoholic liquors;(4) Hospitals, sanitariums, or that division of any institution which is regularly conducted as a hospital, dispensary or infirmary, from using or administering alcoholic liquors to bona fide patients. Institutions and the divisions thereof provided in this section may carry a stock of alcoholic liquors sufficient for this purpose;(5) Religious organizations from using wine for sacramental purposes.
WV Code § 60-6-6 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-6. Transporting Alcoholic Liquor in Excess of Ten Gallons

The provisions of this chapter shall not prevent a person from bringing into or transporting in this state, in his possession or in his baggage, and not for resale, alcoholic liquor in a quantity not to exceed ten gallons: Provided, That upon written permission of the commissioner, quantities of alcoholic liquor in excess of ten gallons may be transported within this state.
WV Code § 60-6-7 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-7. Specific Acts Forbidden; Indictment

A person shall not:(1) Manufacture or sell in this state without a license any alcoholic liquor, except as permitted by this article;(2) Aid or abet in the manufacture or sale of alcoholic liquor without a license, except as permitted by this article;(3) Sell or tender without a license any alcoholic liquor other than permitted by this article;(4) Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, unrectified or impure form of ethyl alcohol, or other foreign or deleterious substance or liquid;(5) Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this state;(6) Advertise any alcoholic liquor in this state except in accordance with the rules and regulations of the commissioner; or(7) Distribute, deal in, process, or use crowns, stamps, or seals required under the authority of this chapter, except in accordance with the rules and regulations prescribed by the commissioner; or(8) Manufacture or sell, aid or abet in the manufacture or sale, possess, transport or ship, use, or in any other manner provide or furnish powdered alcohol.A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $500, or confined in jail not less than 30 days nor more than one year or both such fine and imprisonment, for the first offense. Upon conviction of a second or subsequent offense, the court may in its discretion impose a penalty of confinement in the penitentiary for a period not to exceed three years. A person who violates any provision of this section for the second or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a period not to exceed three years.An indictment for any first violation of subdivisions (1), (2), and (3) of this section, or any of them, shall be sufficient if in form or effect as follows:State of West VirginiaCounty of ..........................., to wit:The Grand Jurors of the State of West Virginia, in and for the body of the County of .........., upon their oaths present that ..............., on the ....... day of ........, 20...., in the said County of .........., did unlawfully, without a State license and without authorization under the Alcohol Beverage Control Act, manufacture and sell, and aid and abet in the manufacture and sale of a quantity of alcoholic liquor, against the peace and dignity of the state.Any indictment under this section shall otherwise be in conformity with §62-9-1 et seq. of this code.
WV Code § 60-6-10 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-10. Unlawful Operation of Plant Manufacturing Distilled Spirits

A person who unlawfully owns, operates, or maintains a plant for the manufacture of distilled spirits, or aids or abets in the operation or maintenance of such a plant shall be guilty of a felony and, upon conviction shall be fined not less than $100 nor more than $1,000 or confined in the penitentiary not less than one nor more than five years.
WV Code § 60-6-11 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-11. Unlawful Manufacture, etc., While Armed

A person who, while engaged in the unlawful manufacture, transportation or sale of alcoholic liquors, or while aiding or assisting in any of such acts, has in his actual or constructive possession a firearm or other lethal weapon, shall be guilty of a felony and, upon conviction shall be confined in the penitentiary not less than one nor more than ten years.
WV Code § 60-6-12 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§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 liquors, lawfully acquired, within, into or through the state in quantities in excess of one gallon as it may deem necessary to confine such transportation to legitimate purposes and may issue transportation permits in accordance with such regulations, collect a fee therefor, and shall require each person to whom such a permit is issued to furnish a bond in such form and amount and with such surety as the commission shall direct, conditioned that he will exercise the privileges granted by such permit in conformity with the provisions of this chapter and the regulations of the commission, or in default thereof forfeit to the state school fund the sum of $100 for each breach recoverable by motion upon ten days' notice in any court having jurisdiction of the parties.A person who, without authorization under this chapter, transports alcoholic liquors in quantities in excess of one gallon or in any amount for the purpose of sale or in any amount manufactured or acquired contrary to the provisions of this chapter, shall be guilty of a misdemeanor and, upon conviction shall be fined not less than one hundred nor more than $500, or confined in jail not to exceed one year, or both such fine and imprisonment for the first offense. Upon conviction of a second or subsequent offense, he shall be guilty of a felony and, confined in the penitentiary of this state for a period of not less than one nor more than three years.
WV Code § 60-6-13 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-13. Restrictions on Importing Into, and Transporting Liquors in State

Except as permitted by section six of this article and article eight of this chapter, a person shall not import into, or transport in this state, any alcoholic liquors, unless it is:(1) Consigned to the commission;(2) Transported upon the direction of the commission directly to persons licensed to receive alcoholic liquors at wholesale; or(3) Transported into the state or through the state to persons outside the state upon transportation permits issued by the commissioner.
WV Code § 60-6-15 (2021)
2021 West Virginia Code|Chapter 60. State Control of Alcoholic Liquors|Article 6. Miscellaneous Provisions|§60-6-15. Penalties for Violations Not Otherwise Specified

A person who violates any order, rule or regulation of the commission made under the authority of this chapter, or who violates any provisions of this chapter for which punishment has not been specifically provided, shall be guilty of a misdemeanor and, upon conviction shall be fined not less than $10 nor more than $500 or confined in jail not less than five days nor more than six months, or by both such fine and imprisonment.If, by the provisions of this chapter, conflicting penalties are prescribed for an offense, the section providing for the heavier penalty shall control.