West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-10 - Distilleries, Mini-Distillries And Micro-Distillries › Section 175-10-6 - Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Licenses
				are issued on an annual basis, valid January 1 to December 31 of the year for
				which they are issued and must be displayed on the licensed premises in a
				prominent location.
6.2. The
				license fee for a distillery license is $1,500.00, a mini-distillery license
				fee is $50.00, a micro-distillery license fee is $750 and a licensed
				representative (or broker) license fee is $100 per distillery, mini-distillery,
				micro-distillery or manufacturer for the license period and may not be
				pro-rated.
6.3. A licensed
				distillery, mini-distillery, or micro-distillery located in the state of West
				Virginia will be assigned a limited retail outlet number to account for limited
				retail sales for off-premises personal use and consumption of only its own
				alcoholic liquors manufactured on the licensed premises.
6.4. No more than one distillery,
				mini-distillery, or micro-distillery license may be issued to a single person
				or entity and no person may hold any combination of a distillery, a
				mini-distillery, or a micro-distillery license.
6.5. A distillery, mini-distillery, or
				micro-distillery shall not be licensed as a private club, private wine
				restaurant, or tavern.
6.6.
				Following receipt of a completed application for a distillery, mini-distillery,
				micro-distillery, or a representative's/broker's license containing additional
				or supplemental information as the Commissioner may require, the Commissioner
				may conduct an investigation of an applicant to determine whether the applicant
				is qualified to receive a distillery, mini-distillery, micro-distillery, or
				representative/broker's license. The Commissioner may request any additional
				information necessary to review an application.
6.6.a. The Commissioner will conduct
				background investigations for the purpose of determining whether an applicant
				has been charged with, indicted for, or convicted of a crime that may have
				bearing upon the applicant's fitness to hold a license. For purposes of this
				paragraph, "background investigation" means a security, criminal, and credit
				investigation of an applicant who has applied for the issuance or renewal of a
				license. The applicant will submit a West Virginia Alcohol Beverage Control
				Administration Release of Information and Waiver of Confidentiality of Records
				Form for this purpose. The applicant will submit a full set of fingerprints to
				facilitate a criminal background check and the The Commissioner will request
				the state police or its designee to submit the fingerprints and identifying
				information to the Federal Bureau of Investigation for a national criminal
				history record check. The results of the fingerprint check will be returned to
				the ABCA.
6.6.b. The applicant will
				reimburse the West Virginia Alcohol Beverage Control Commission for all fees or
				charges that are incurred by the West Virginia Alcohol Beverage Control
				Commission for a background investigation undertaken pursuant to this
				subsection.
6.6.c. The applicant
				must verify that he or she is a United States citizen of good moral character
				and, if a naturalized citizen, when and where naturalized; and, if a
				corporation organized and authorized to do business under the laws of West
				Virginia, when and where incorporated, with the name and address of each
				officer; that each officer is a citizen of the United States, and a person of
				good moral character; and if a firm, association, partnership, or limited
				partnership, that each member is a citizen of the United States and, if a
				naturalized citizen, when and where naturalized, each of whom must sign the
				application.
6.6.d. The
				Commissioner, after initial examination and evaluation of the application may
				determine that an Initial Inspection Report is warranted and, accordingly, have
				one made by a staff person using the "Initial Inspection Report".
6.6.e. Upon completion of any investigation
				of an applicant, the Commissioner shall inform such applicant, in writing,
				whether the application has been approved or denied.