reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-5c. Alternating Wine Proprietorships; Requirements and Limitations

(a) Notwithstanding the provisions of §60-1-5 of this code, a licensed winery or farm winery may be a party to an alternating wine proprietorship agreement subject to the provisions of this section. As used in this section, "alternating wine proprietorship agreement" means an agreement between a licensed winery or farm winery and a farm entity which allows the farm entity to use the premises of the licensed farm winery to produce wine.
(b) For an alternating wine proprietorship agreement to be lawful:
(1) The farm winery and the farm entity must be in compliance with applicable state laws and rules promulgated thereunder;
(2) The agreement must be between a licensed winery or farm winery and a farm entity located and operating in this state;
(3) The farm entity must produce agricultural products containing sugar as certified by the Agriculture Commissioner and required by law;
(4) Wines produced by the parties must be maintained in separate bonded areas and shall not be comingled;
(5) The farm entity participating in the agreement must separately meet all federal and state requirements for a winery or farm winery;
(6) The farm entity party to the agreement may not produce more than 50,000 gallons of wine and nonfortified dessert wine;
(7) Wine produced by the farm entity party to an agreement must be produced exclusively by natural fermentation;
(8) If port, sherry, or madeira wines are produced by the farm entity party to the agreement, a minimum of 25 percent of the agricultural products used to make the wine must be produced on the farm entitys property and no more than 25 percent of the agricultural products used may come from an out-of-state source; and
(9) Port, sherry, or madeira wine produced by a party to an alternating wine proprietorship agreement may not exceed 22 percent alcohol by volume and must be matured in wooden barrels or casks.
(c) The commissioner shall propose rules for promulgation in accordance with §29A-3-1 et seq. of this code necessary to effectuate the provisions of this section.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 1. General Provisions › §60-1-5d. Micro-Distilleries Defined

For the purposes of Chapter 60 of this code "Micro-distillery" means an establishment where in any one year no more than 10,000 gallons of alcoholic liquor is manufactured and no more than 25% of raw agricultural products used in production may originate from outside this state is used in distillation.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-1. Office Created; Powers and Functions Generally; Office of Liquor Control Commissioner Abolished and Powers Transferred

To accomplish the purposes of this chapter there is hereby created the office of West Virginia Alcohol Beverage Control Commissioner. The commissioner shall have and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by the West Virginia liquor control commissioner. The office of the West Virginia liquor control commissioner is hereby abolished. Wherever in this chapter and elsewhere in law reference is made to the West Virginia liquor control commissioner or liquor control commission such reference shall henceforth be construed and understood to mean the West Virginia Alcohol Beverage Control Commissioner. All parts and provisions of this chapter rendered meaningless and inapplicable by the provisions hereof are hereby modified and amended so that the provisions of this chapter will be consistent and harmonious in their entirety.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-7. Oath and Bond

Before entering upon the duties of the office, the commissioner shall take and subscribe to the oath prescribed by section 5, article IV, of the Constitution of this state, and shall give bond in the penalty of $25,000, to be approved by the Governor and conditioned upon the faithful performance of the duties of the office and the accounting for and payment into the treasury of all moneys coming into the commissioner's custody by virtue of the office. The bond and oath shall be filed with the Secretary of State.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-11. Powers and Duties

The Alcohol Beverage Control Commissioner shall have the following powers and duties and any and all other powers and duties reasonably necessary and convenient for the purpose of this chapter:
(1) Exercise general supervision of, and make rules and regulations for, the management of his or her agency;
(2) Sign and execute in the name of the commissioner any contract or agreement authorized by this chapter;
(3) Supervise the fiscal affairs and responsibilities of the agency;
(4) With the approval of the Governor, acquire title to and purchase real estate containing 12.168 acres situate on River Road in the Hub Industrial Park, Nitro, Putnam County, which real estate is improved by block and steel building containing approximately one hundred fifty thousand (150,000) square feet, formerly known as the Heck's warehouse, for a sale price not to exceed $2,250,000;
(5) With the approval of the Governor and the board of public works, sell, in part or in whole, the real estate containing 12.168 acres and a warehouse situate on River Road in the Hub Industrial Park, Nitro, Putnam County, for a sale price of at least the appraised fair market value and upon terms the commissioner determines to be in the best interest of the State of West Virginia;
(6) With the approval of the Governor and the board of public works, and upon the sale of real estate containing 12.168 acres and a warehouse situate on River Road in the Hub Industrial Park, Nitro, Putnam County, acquire title to and purchase, upon terms the commissioner determines to be in the best interest of the State of West Virginia, real estate containing a replacement warehouse of a size and in a location that the commissioner determines meets the storage needs of the agency;
(7) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts taken or entered into and assume responsibility for the custody and preservation of all papers and documents pertaining to the commissioner;
(8) Purchase or lease as provided by law all equipment necessary for the conduct of the agency;
(9) Report to the Governor each year all information relative to the operation and functions of the agency. The commissioner shall make such other reports and recommendations as may be required by the Governor;
(10) Exercise any other power that may be necessary or proper for the orderly conduct of the business and the effective discharge of the duties of the commissioner; and
(11) Invoke any legal or equitable remedies for the enforcement of the orders of the commissioner or the provisions of this chapter.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-13. Bonds of Employees

The commission shall require every employee who collects fees or handles funds, or who has custody of equipment, supplies, and other property belonging to the state, to take the oath prescribed by section 5, article IV of the state Constitution; and the commission shall require to be furnished by every employee, or shall itself obtain, a bond, insurance policy, indemnity contract, or other contract, protecting and indemnifying the state against any and all loss or damage that may be occasioned by the failure of the employee faithfully to perform the duties pertaining to his employment, and to account for, pay over and deliver to the proper officer or agent of the commission or state all moneys and other property which may come into his custody or under his control by virtue of his employment. Such bond, insurance policy, indemnity contract, or other contract, shall be in such form, and in such sum, and with such security, as may be prescribed or approved by the commission, and may cover any one employee or any number of employees. The premiums for all such bonds, insurance policies, indemnity contracts, or other contracts, shall be paid by the commission.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-16. Rules and Regulations

The commission shall have the power to prescribe rules and regulations to give effect to the powers vested in it by this chapter. Rules and regulations shall be recorded in a book especially kept for that purpose, and in its discretion may be published for general circulation. All other records and entries necessary to show the official conduct of the commission shall be preserved and shall be public records and open for inspection during business hours.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-17a. Law Enforcement Cooperation

In addition to the assistance of law enforcement provided under §15-2-12 of this code, the commissioner may obtain assistance in the enforcement of §11-16-1 et seq. and §60-1-1 et seq. of this code from county or municipal law-enforcement agencies by making a written request therefor. The assistance authorized by this section is limited only to accompanying the commissioner and his or her agents and may not be unreasonably withheld. Any law-enforcement officer acting pursuant to this section may further act upon crimes committed in his or her presence: Provided, That any officer so acting must be within his or her geographic jurisdiction, and nothing in this section authorizes any officer to act outside of the scope of his or her geographic jurisdiction.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-17b. Wine and Liquor Operating Fund Established; Operations Fee; Fund Issues

(a) As of July 1, 2019, there is an annual nonrefundable and nonprorated operational fee of $100 for all distilleries, mini-distilleries, wineries, farm wineries, Class A retail licensees, Class B retail licensees, private clubs, private wine retailers, wine specialty shops, wine restaurants, private wine spas, private wine bed and breakfasts, wine suppliers, and wine distributors which shall be paid on or before July 1, 2019, and every July 1 thereafter. All fees collected by the commissioner pursuant to this section shall be deposited in a special revenue account in the State Treasury, hereby created, to be known as the Wine and Liquor Operations Fund. Moneys in the fund may only be expended by the commissioner for the administration of this chapter, as appropriated by law.
(b) Licensees holding multiple licenses for nonintoxicating beer, nonintoxicating craft beer, wine, or liquor shall be subject to paying only one operations fee of $100 under this chapter and under §11-16-10(d) of this code.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-18. Hearings and Proceedings

In all hearings and proceedings before the commission, the evidence of witnesses and the production of documentary evidence may be required. Summons may be issued by it for appearance at any designated place of hearing. In case of disobedience to a summons or other process, the commission or any party to the proceedings before the commission may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, bonds and documents. Upon proper showing, the court shall issue an order requiring witnesses to appear before the commission, produce all books and papers, and give evidence touching the matter in question. Any person failing to obey the order may be punished by the court as for contempt. A claim that evidence may tend to incriminate the person giving the evidence shall not excuse him from testifying, but he shall not be prosecuted for any offense concerning which he is compelled to testify.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 2. Alcohol Beverage Control Commissioner › §60-2-22. Authority to Utilize Scanner Technology in Sales; Authority to Execute Contracts Relating Thereto

(a) The commissioner may, pursuant to section eleven of this article, authorize and establish standards for the use of scanner technology for the verification of age of purchasers of alcoholic beverages and wine as provided in article eight of this chapter, and nonintoxicating beer as provided for in article sixteen, chapter eleven of this code. Any scanner technology may not be used for the collection of personal identifiable information of any purchaser, which includes, but is limited to, drivers license number, social security number or other descriptive information contained on the license, other than the age of the purchaser.
(b) In addition to the commissioner's powers set forth in section eleven of this article, the commissioner may sign and execute in the name of the office of Alcohol Beverage Control Commissioner one or more contracts or agreements pertaining to the sale or licensing and promotion of proprietary scanner technology by the commissioner, or his or her designated contractual partner, to any interested person, upon terms the commissioner believes to be in the best interests of this state, and to amend, extend or terminate any contract or agreement: Provided, That all contracts are subject to the review process contained in section thirteen, article three, chapter five-a of this chapter.
(c) "Scanner technology" includes any device that uses technology intended to control the access of minors to alcohol and tobacco products and which is capable of:
(1) Capturing the information from a bar code or magnetic strip on a driver's license or identification card issued by the Division of Motor Vehicles;
(2) Producing a declaration of age in print form and storing a record of the event in memory;
(3) Producing an audible, visual and printed result;
(4) Reporting a history of the events, including the ability to transfer the data for archiving and database development purposes; and
(5) Storing at least one thousand events at any time before data is transferred.
(d) Moneys derived from the sale, licensing and promotion of the proprietary scanner technology shall be deposited in a special account in the state Treasury to be known as the "Scanner Technology Fund." Expenditures from the fund shall be for the maintenance and development of the proprietary scanner technology described in this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, That for the fiscal year ending June 30, 2004, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-1. Sales at Retail and Wholesale

The sale of alcoholic liquors at wholesale and retail in this state shall be a state monopoly, except for retail sales made by authority of article six, section two and article seven of this chapter. Alcoholic liquors shall be sold at retail only through the state stores, agencies of the West Virginia Alcohol Beverage Control Commissioner, and may be sold by private clubs holding a license issued under the provisions of article seven of this chapter.
The commissioner may sell such liquors at wholesale to persons licensed to purchase at wholesale as provided in this chapter and wine may be sold by farm wineries licensed under and subject to the provisions of this chapter.
(NOTE: The preceding version of §60-3-1 is in the form of H.B. 935 enacted March 5, 1981, relating to making certain exemptions from the state monopoly on the sale of wine. Specifically, section two, article six of this chapter relating to the manufacture and sale of cider and the provision on farm wineries licensed under chapter sixty are the exemptions. See the following version of this same section enacted in a different form. For 1981 Acts, see chapter 218.)
§60-3-1. Sales at retail and wholesale.
The sale of alcoholic liquors at wholesale and retail in this state is a state monopoly, except for sales made by authority of articles seven and eight of this chapter.
(NOTE: The preceding version of §60-3-1 is in the form of H.B. 1111 enacted March 26, 1981, mainly removing the state monopoly on the sale of wine. See above the first version of this same section enacted in a different form. For 1981 Acts, see chapter 217.)
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-2. Establishment and Discontinuance of Stores and Agencies; Location

The commission shall establish state stores and agencies at places throughout the state so as to serve adequately and reasonably the demand for the sale at retail of alcoholic liquors, subject only to the limitations imposed by article five of this chapter. It may discontinue a store or agency when in its opinion it is advisable to do so.
A store or agency shall not be located in the immediate vicinity of a church or school.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-7. Compensation and Bond of Agent

Agents shall be compensated based upon the average monthly gross revenues of the agency or store, excluding sales tax thereon. The amount of compensation shall be computed and paid as follows:
(1) For gross revenues up to $3,000 per month, $400 compensation per month.
(2) For gross revenues of not less than #3,000 nor more than $6,000 per month, ten percent of all gross revenues between said $3,000 and $6,000, which shall be in addition to the compensation as provided in subdivision (1) hereinabove.
(3) For gross revenues of not less than $6,000 nor more than $8,000 per month, eight percent of all gross revenues between said $6,000 and $8,000, which shall be in addition to the compensation as provided in subdivisions (1) and (2) hereinabove.
(4) For gross revenues of not less than $8,000 nor more than $10,000 per month, six percent of all gross revenues between said $8,000 and $10,000, which shall be in addition to the compensation as provided in subdivisions (1), (2) and (3) hereinabove.
(5) For gross revenues over $10,000 per month, four percent of all gross revenues over said $10,000 amount, which shall be in addition to the compensation as provided in subdivisions (1), (2), (3) and (4) hereinabove.
The agent shall pay for utilities, renovations and operating expenses of the agency from the compensation set forth herein.
Each agent shall give bond in an amount fixed by the commissioner conditioned upon the faithful observance of the provisions of this chapter, compliance with the rules and regulations of the commissioner, and the accounting for and paying over of all moneys coming into his custody by virtue of his agency. An agent shall not, at any time, have on hand a stock of alcoholic liquors greater in value than the amount of his bond.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-9. Uniform Prices; Posting and Distribution of Price Lists; Continuation of Price Increase on Alcoholic Liquors

The commissioner shall, from time to time, fix uniform prices for each variety, class and brand of alcoholic liquors offered for sale in state stores. Alcoholic liquors shall be sold in state stores and agencies only at the uniform prices fixed by the commissioner.
The commissioner shall prepare price lists showing the price of each variety, class or brand. Price lists shall be posted prominently in each store and shall be available for distribution and inspection in every state store and agency.
The commissioner, in the exercise of his authority under this section, is hereby directed to continue the increase in the price of alcoholic liquors, heretofore effected pursuant to the provisions of this section as amended by chapter six, acts of the Legislature of West Virginia, regular session, one thousand nine hundred fifty-one, which is presently producing an additional annual revenue of $1,600,000 on an annual volume of business equal to the average for the past three years.
The revenue derived from the increase in the price of alcoholic liquors shall be deposited into the General Revenue Fund in the manner hereinafter provided in section seventeen of this article.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-10. Records and Accounts for Stores and Agencies; Reports and Audits

The commission shall install a uniform system of records and accounts for state stores and agencies. It shall require a daily report of sales and stock inventory, and shall audit the accounts and check the stock inventory of each store and agency at least once in every thirty days.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-12. Days and Hours State Stores and Agencies May Open

The commission shall fix the days on which state stores shall be open and the hours of opening and closing, and the hours during which agencies may sell alcoholic liquors. Stores shall not be open nor shall agencies sell alcoholic liquors on:
1. Sundays.
2. Any general election day.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-14. Acquisition of Equipment, etc.; Analysis of Liquors

The commission shall acquire by purchase or lease equipment, materials, supplies and other property necessary for the operation of state stores in the manner required for the purchase or lease of property by other state departments. This requirement shall not apply to the purchases of alcoholic liquor for sale or to the leasing of premises for state stores or warehouses.
The commission shall require a sworn statement with the delivery of alcoholic liquors purchased by it that the goods are as represented, and do not contain any impure or deleterious matter. The commission shall by frequent chemical analysis determine that liquors offered for sale in state stores and agencies are pure, potable, and not misrepresented.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-15. Amount of Operating Fund and Value of Inventory Stock Allowed; Contract for Manufacture of State Brand; Ordering Listed and Unlisted Brands

In order to avoid the accumulation of excessive stocks in warehouses and stores, the commissioner shall so plan his purchases of alcoholic liquors for sale in state stores and agencies that none of the stock on hand be on a consignment basis and that the amount of operating fund and the value of inventory stock shall not exceed $20 million.
The commissioner may, with the consent of the Governor, contract for the manufacture of alcoholic liquors for sale in state stores and agencies. Such liquors shall bear a special designation as "state brand."
Listed brands and sizes of spirituous liquors shall not be reordered in quantities greater than at the rate of comparative gross sales as determined by the last three monthly reports published prior to each reorder: Provided, That to take advantage of price discounts or to anticipate price increases listed brands may be reordered upon the basis of anticipated needs to be determined by projecting adjusted sales records; but in no event shall the amount of operating fund and the value of inventory stock exceed the limit provided in the first paragraph of this section.
The initial order of any new or unlisted brand of spirituous liquor, excepting wine, shall not exceed five hundred cases. The initial order of new or unlisted wine brands shall not exceed fifteen hundred cases.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-16. Sale in Sealed Packages; Manufacturer's Label

Alcoholic liquors shall be sold only in sealed packages, bearing such seals and labels as the commission may require.
A manufacturer of liquor offered for sale in state stores and agencies shall attach to each bottle a special label bearing an accurate description of the contents of the bottle in such form and detail as the commission may require.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-17. Regulations as to Handling and Depositing of Moneys Collected; Monthly Remittances; Penalty

The commissioner, with the approval of the state Treasurer, shall prescribe regulations for the handling and depositing of all moneys collected by the commissioner. All receipts accruing to and available for the General Revenue Fund in excess of the requirements of the operating fund and the license fee and additional sales tax imposed by the provisions of this chapter shall be remitted by the commissioner to the state Treasury monthly within fifteen days next after the end of each calendar month.
If the commissioner fails to remit such moneys to the state Treasury within the time specified in accordance with the provisions of this section, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $1,000.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-18. Operating Fund Continued; Use; Maximum Amount

The operating fund of the commissioner, heretofore created in the state Treasury, is hereby continued and shall be a revolving fund from which all operation and administration expenses of the commissioner shall be paid.
All moneys collected by the commissioner shall be credited to the operating fund until that fund reaches an amount sufficient for the current and routine requirements of the office of the West Virginia Alcohol Beverage Control Commissioner, this amount to be not in excess of the amount hereinbefore provided in section fifteen of this article.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-20. Sales, Mode of Payment

The sale of alcoholic liquors in state stores and in state agencies shall be for cash, money order, certified check, cashier's check or traveler's check only. In the case of private clubs as defined in article seven of this chapter, letters of credit from banks guaranteeing payment of checks may be filed with the commissioner. Filing of such letters may permit the commissioner to accept the club's check.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-21. Limitation on Amount to Be Sold

Not more than ten gallons of alcoholic liquor shall be sold to a person at one time without the approval of the commissioner or his representative; but a sale in excess of ten gallons may be made to a religious organization purchasing wine for sacramental purposes, and sales in case lots may be made in the discretion of the commissioner: Provided, That this section shall not apply to private clubs as defined in article seven of this chapter.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-22. Sales to Certain Persons Prohibited

(a) Alcoholic liquors and nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code shall not be sold to a person who is:
(1) Less than twenty-one years of age;
(2) An habitual drunkard;
(3) Intoxicated;
(4) Addicted to the use of any controlled substance as defined by any of the provisions of chapter sixty-a of this code; or
(5) Mentally incompetent.
(b) It shall be a defense to a violation of subdivision (1), subsection (a) of this section if the seller shows that the purchaser:
(1) Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or
(2) Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-22a. Unlawful Acts by Persons

(a) Any person under the age of twenty-one years who, for the purpose of purchasing alcoholic liquors from a state liquor store or an agency, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own, or who illegally attempts to purchase alcoholic liquors from a state liquor store or an agency, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $50 or shall be imprisoned in the county jail for a period not to exceed seventy-two hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
(b) Any person who shall knowingly buy for, give to or furnish to anyone under the age of twenty-one to whom they are not related by blood or marriage, any alcoholic liquors from whatever source, is guilty of a misdemeanor and, shall, upon conviction thereof, be fined in an amount not to exceed $100 or shall be imprisoned in the county jail for a period not to exceed ten days, or both such fine and imprisonment.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-23. Conduct of Purchasers Upon Premises of State Store

A person, while on the premises of a state store or agency, shall not:
(1) Break the seal upon any package of alcoholic liquors;
(2) Consume alcoholic liquor;
(3) Loiter.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-24. Authority of Employees to Make Arrests; Penalty for Resisting or Assaulting Employee; Enforcement of Chapter

An appointee or employee of the commission shall have the authority of a peace officer, to arrest a person for an act committed on or about the premises of a state warehouse, state store, or agency, and in his presence, which amounts to:
(1) A violation of a provision of this chapter;
(2) Disorderly conduct.
The commission shall furnish its appointees and employees with an official badge as evidence of this authority.
A person who resists or commits an assault upon an appointee or employee of the commission while engaged in the performance of his duties hereunder shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by confinement in jail not less than thirty days nor more than six months, or, in the discretion of the court, by both such fine and imprisonment.
Members of the commission are hereby vested, and such officers, agents and employees of the commission as shall be designated by the commission shall, upon being so designated, be vested, with like power and authority to enforce the provisions of this chapter and the criminal laws of the state relating thereto as are vested in sheriffs of counties and members of the department of public safety.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-25. Permit for Farm Winery to Import Produce in Excess of Established Limits

Upon application by the holder of a farm winery license, filed with the West Virginia Alcohol Beverage Control Commissioner, showing, due to unusual climatic or other conditions adversely affecting its ability to obtain from within this state seventy-five percent of the grapes, grape juice, other fruits or fruit juices or honey necessary to produce its wine, the commissioner may issue to the applicant a permit to import such products in an amount deemed necessary by the commissioner to allow such farm winery to produce wine within the quota established by section five-a, article one of this chapter. The permit issued under this section shall not be effective for more than ninety days. The burden of proof shall be upon the applicant to show that grapes, grape juice, fruit, fruit juice or honey of the type normally used by the licensee are not available from any other source within the State of West Virginia, and no application for a permit under this section shall be considered by the commissioner unless it is accompanied by written findings by the West Virginia agriculture commissioner in support thereof.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3. Sales by Commissioner › §60-3-26. Sale of Certain Liquors Prohibited

(a) Upon the effective date of this section, the commissioner is hereby directed to divest the state of all stocks of alcoholic liquors in the commissioners possession manufactured in the Russian Federation, or by any person or entity located therein, and to cease purchasing such products during the time this section is in effect.
(b) The commissioner, at the direction of the Governor, is hereby authorized to auction to the highest bidder or sell at a public event all stocks of alcohol liquors in the commissioners possession which were either manufactured in the Russian Federation or by a person or entity located therein.
(c) The states proceeds from the sale authorized by subsection (b) of this section shall be paid to a licensed, recognized charitable organization or organizations engaged in assisting the people of Ukraine.
(d) The provisions of this section shall expire three years from the effective date of the section or until the Governor lifts the ban established in subsection (a) of this section.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-2. Legislative Findings and Declaration; Legislative Purpose

(a) The Legislature hereby finds and declares that the sale of liquor at retail should no longer be by the state, but rather by retail licensees; that there is a need for the state to control the wholesale sales of liquor; that the health and welfare of the citizens of this state will be adequately protected by the licensing and control of such retail licensees; that the sale of liquor through retail licensees will satisfy reasonable consumer concerns of availability and price; and that the operation and efficiency of state government will be improved by removing the state from the retail sale of liquor and permitting sales of liquor by retail licensees under licenses issued by the state together with strict enforcement of laws and rules relating to the sale of liquor.
(b) It is the purpose of the Legislature in providing for the retail sale of liquor to:
(1) Continue revenue to the state from the wholesale sale of liquor by requiring all retail licensees to purchase all liquor (other than wine) from the commissioner and by further requiring all private clubs licensed under the provisions of article seven of this chapter to purchase all liquor (other than wine) from retail licensees;
(2) Provide a system of controls, through limitations on the numbers of retail outlets and application of the police power of the state, to discourage the intemperate use of liquor;
(3) Preserve and continue the tax base of counties and municipalities derived from the retail sale of liquor;
(4) Obtain revenue for the state from the issuance of retail licenses;
(5) Facilitate the responsible marketing and growth of existing retail outlets; and
(6) Encourage the sale of liquor in freestanding liquor retail outlets that offer a wide variety of liquor at competitive prices.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-3. Sale of Liquor by Retail Licensees Permitted; Cessation of Retail Sale of Liquor by State

(a) Notwithstanding any provision of this code to the contrary, the sale of liquor by retail licensees in accordance with the provisions of this article is lawful.
(b) Upon the opening of a retail outlet in any market zone, the state shall, as soon as practicable, discontinue operating any and all state liquor stores and agency stores within the market zone so long as a retail outlet is in operation in the market zone.
(c) No provision of this section shall prevent the commissioner, with the consent of the board, from operating a state liquor store in a market zone pursuant to the provisions of article three of this chapter where there are no retail outlets in operation, and the operation of any retail outlet in the market zone is prevented by a matter in controversy pending judicial adjudication or the licensee is unable or unwilling to open a retail outlet: Provided, That, the board determines that the resolution of the controversy will continue for such duration that the opening of a state liquor store is necessary to meet reasonable consumer concerns of availability of liquor.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-3a. Liquor Sampling

(a) Notwithstanding any provision of this code to the contrary, a Class A retail licensee may conduct a liquor sampling event on a designated sampling day.
(b) At least five business days prior to the liquor sampling, the Class A retail licensee shall submit a written proposal to the commissioner informing the Commissioner that the Class A licensee will hold a liquor sampling event, including:
(1) The day of the event;
(2) The location of the event;
(3) The times for the event; and
(4) The specific brand and flavor of the West Virginia product to be sampled.
(c) Upon approval by the commissioner, a Class A retail licensee may serve a complimentary liquor sample of the approved brand and flavor of the West Virginia product that is purchased by the Class A retail licensee from the commissioner.
(d) The complimentary liquor samples on any sampling day shall not exceed:
(1) Three separate and individual samples serving per customer verified to be 21 years of age or older; and
(2) One and one-half ounces in total volume. Samples may be mixed with each other or with non-alcoholic liquids as long as the total amount of the liquor sampled does not exceed one and one-half ounces.
(e) Servers at the liquor sampling event shall:
(1) Be employees of the Class A retail licensee; and
(2) Be at least 21 years of age or older.
(f) All servers at the liquor sampling event shall verify the age of the customer sampling liquor by requiring and reviewing proper forms of identification. Servers at the liquor sampling event may not serve any person who is:
(1) Under the age of 21 years;
(2) Intoxicated.
(g) A liquor sampling event shall:
(1) Occur only inside the Class A retail licensee's licensed premises; and
(2) Cease on or before 9:00 p.m. on any approved sampling day.
(h) Any liquor bottle used for sampling must be from the inventory of the licensee, and clearly and conspicuously labeled "SAMPLE, NOT FOR RESALE". If the seal is broken on any liquor bottle or if any liquor bottle is opened, then that liquor bottle must be removed from the licensed premises immediately following the event.
(i) Violations of this section are subject to the civil and criminal penalties set forth in 60-3A-24, 60-3A-25a, 60-3A-26, and 60-3A-27 of this code;
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-5. Creation of Retail Liquor Licensing Board; Members, Terms, Meetings and Officers; General Provisions

(a) There is hereby continued the state retail liquor licensing board which shall be composed of five members, three of whom shall be appointed by the Governor by and with the advice and consent of the Senate, one of whom shall be the secretary of tax and revenue, and one of whom shall be the commissioner. The secretary of tax and revenue and the commissioner shall serve as the chairman and secretary, respectively, of the board. No more than two of the three members appointed by the Governor shall be of the same political party. No member of the board may hold a retail license or have any financial interest, directly or indirectly, in any retail licensee.
(b) The provisions of this subsection apply to the three members appointed by the Governor. They shall be appointed for overlapping terms of three years each and until their respective successors have been appointed and have qualified. Members may be reappointed for any number of terms. Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by Section 5, Article IV of the Constitution of this state. Vacancies shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the occurrence of the vacancy. Any member may be removed by the Governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office. Members shall receive compensation of $100 per day for each day actually engaged in the performance of their duties as board members, and in addition shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties. Appointments to fill vacancies made after the amendment to this section made in one thousand nine hundred ninety-nine shall be made to provide that after the next two appointments, and thereafter, there is a member from each of the congressional districts of this state as delineated in accordance with section three, article two, chapter one of this code.
(c) A majority of the members of the board constitutes a quorum and meetings shall be held at the call of the chairman.
(d) Staff, office facilities and costs of operation of the board shall be provided by the commissioner.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-9. Investigation of Applicants for Retail License; Notification to Applicants Approving or Denying Application; General Provisions Relating to Licensing

(a) Upon receipt of an application for a retail license and such supplemental information as the commissioner may require, the commissioner may conduct such investigation of an applicant as deemed necessary or desirable.
(b) Upon the completion of any investigation of an applicant, the commissioner shall inform such applicant in writing whether the application has been approved or denied, and shall post a copy of the decision in the commissioner's office.
(c) When an application is denied, the commissioner shall provide the applicant the reasons for the denial, including specific findings of fact, and the applicant shall be entitled to a hearing before the commissioner if a hearing is requested within five days of the decision. Any such hearing shall be held as specified in section twenty-eight of this article, but the decision after hearing shall, notwithstanding the provisions of section twenty-eight, be final and binding and not subject to judicial review.
(d) An applicant shall provide all information required by this article and satisfy all requests for information pertaining to qualification and in the form specified by the commissioner. By filing an application, an applicant shall waive liability for any damages resulting from any disclosure or publication in any manner of any material or information acquired during inquiries, investigations or hearings.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-10. Bidding Procedure

(a) Except as provided in section ten-b of this article, bids for licenses shall be governed by the provisions of this section.
(b) The issuance of retail licenses shall be based on sealed competitive bids in accordance with the provisions of this section. Bids for the issuance of retail licenses shall be obtained by public notice published as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be each market zone within which a retail outlet shall be located. The second publication of the notice shall appear more than thirty days next preceding the final day for submitting bids.
(c) Each bid shall indicate the market zone for which the retail license is sought, whether the bid is for a Class A retail license or Class B retail license, and, if the board has created one or more designated areas for the market zone, whether the bid is for a Class A or Class B retail license to be issued for any designated area. No bid shall be altered or withdrawn after the appointed hour for the opening of the bids. Subject to the provisions of section ten-b of this article, each retail license shall be awarded to the highest bidder. No bid shall be considered unless the bond required under section eleven of this article is submitted to the commissioner. All bids for a retail license may be rejected by the board if the board determines that the highest bid is inadequate, in which event the commissioner shall begin anew the bidding process for that retail license.
(d) Each person desiring to submit a bid shall file the bid with the commissioner prior to the specified date and hour for the bid openings. The failure to deliver or the nonreceipt of a bid prior to the appointed date and hour constitutes sufficient reason for the rejection of a bid. After the award of the retail license, the commissioner shall indicate upon the successful bid that it was the successful bid. Thereafter, a copy of the bid and the bidder's application shall be maintained as a public record, shall be open to public inspection in the commissioner's office and shall not be destroyed without the written consent of the Legislative Auditor.
(e) Prior to the issuance of the retail license to the successful bidder, the bid price and the annual retail license fee, as specified in section twelve of this article, shall be paid to the commissioner by money order, certified check or cashier's check. All retail licenses shall be signed by the commissioner in the name of the state.
(f) If the successful bidder fails to pay to the commissioner the bid price and the annual retail license fee, at the time specified by the commissioner, the bond provided in section eleven of this article shall be forfeited and the bidder shall not be issued the retail license. The commissioner shall then issue the retail license to the next highest bidder for the retail license or reject all bids and start anew the bidding procedure for the retail license.
2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 3A. Sales by Retail Liquor Licensees › §60-3A-10a. Preference for Resident Bidders

In determining the highest bidder for purposes of section ten of this article, the board shall afford a five percent preference for West Virginia resident bidders, which shall be computed by adding five percent of the bid price to the bid price submitted by each resident bidder. For purposes of this section a bidder shall be considered to be a West Virginia resident if the bidder: (1) Has resided in this state for at least four years immediately prior to the date on which the bid is opened; or, if the bidder is an applicant other than an individual, has had its headquarters or principal place of business in this state for at least four years immediately prior to that date; and (2) meets the requirements set forth in section forty-four, article three, chapter five-a of this code relating to a residency of vendors, except for the requirement of having paid business and occupation taxes.