reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-10 - Unfair Trade Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Unfair trade practice means:
10.1.1. The sale of cigarettes in violation of W. Va. Code '60-9-2;
10.1.2. The failure to comply with W. Va. Code '60-9-3;
10.1.3. The sale of cigarettes at wholesale for less than the invoice cost to the wholesaler plus applicable taxes or the replacement cost thereof within thirty (30) days of the date of the sale, offer of sale, or advertisement of sale, whichever is lower, less any trade discounts except customary discounts for cash, to either of which may be added the following items of expense:
10.1.3.a. Freight charges not otherwise included in the cost of the cigarettes; and
10.1.3.b. Any markup to cover the cost of doing business of four percent (4%) absent proof of a lesser cost.
10.1.4. The sale of cigarettes at retail for less than the invoice cost or replacement cost within 30 days of the sale, offer of sale or advertisement of sale, whichever is lower, less any trade discounts, to either of which may be added:
10.1.4.a. Freight charge; and
10.1.4.b. A markup of seven percent (7%) of the aggregate of the invoice or replacement cost.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-11 - Manufacturers Relationships with Retailers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Each retailer, that receives funds from manufacturers for cigarette display allowances, shall ensure separate accounting and record keeping for display allowances. A retailer may not use display allowance payments to reduce the cost of cigarettes for sale to consumers.
11.2. Any retailer that offers for sale any cigarettes for which the manufacturer makes a contribution to the retail price paid by a consumer (by means of coupons, stickers, buy-downs, or otherwise) shall post in a conspicuous place a notice advising the public of that fact and any such contribution shall be included in calculating the price for which the cigarettes are sold under this section.
11.3. No retailer may sell cigarettes to consumers that have been provided by the manufacturer as complimentary cigarettes. Such complimentary cigarettes are typically labeled on the package as "complimentary," "not for resale" or words of similar effect.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-12 - Procedure For Filing Complaint

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any person who has been aggrieved by the sales of cigarettes by a retailer or wholesaler may file a verified complaint with the Commissioner. Such complaint shall be in writing and filed with the Commissioner in accordance with Legislative Rule, Title 175, Series 10, Procedural Rules for the Alcohol Beverage Control Commissioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-13 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All hearings and appeals shall be held pursuant to W. Va. Code '60-9-5 and Legislative Rule, Title 175, Series 10, Procedural Rules for the Alcohol Beverage Control Commissioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes policies and operating procedures for the prohibition of the sale of tobacco products in vending machines, criminal penalties, administrative penalties and hearing procedures.
1.2. Authority. -- W. Va. Code '16-9A-8 and 29A-3-1 et seq.
1.3. Filing Date. -- June 1, 2001.
1.4. Effective Date. -- June 1, 2001.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed herein, and apply in the singular and in the plural.
2.1. "ABCC," "Alcohol Beverage Control Commissioner," or "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner or his or her delegate.
2.2. "Adult" means a person who is at least eighteen (18) years of age.
2.3. "Cashier/Manager" means the person who collects payments for purchases.
2.4. "Child" means a person who has not attained the age of eighteen (18) years.
2.5. "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not such tobacco is flavored, adulterated or mixed with any ingredient, the wrapping or cover of which is made of paper or any substance or material, except tobacco, or any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packing and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.
2.6. "Tobacco products" means cigarettes, cigars, smokeless tobacco, pipe tobacco or roll-your-own tobacco.
2.7. "Vending machine operator" means any person engaged in this State in the business of operating one or more cigarette or tobacco products vending machines.
2.8. "Wholesaler" means any person engaged in this State in the business of purchasing unstamped cigarettes or tobacco products directly from a manufacturer or importer for resale.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-3 - Tobacco Registration License Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The license for selling cigarettes, other tobacco products, or wrappers is a part of the West Virginia Tax Department=s Business Registration Certificate Application or the renewal application for same as provided for in W. Va. Code '11-12-4a and Legislative Rule, Title 110, Series 17 Cigarette Excise Tax.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-4 - Cigarette Vending Machine Operators

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Vending machine operators are subject to the statutes and regulations of the West Virginia Tax Department in W. Va. Code '11-17-1 and Legislative Rule, Title 110, Series 17. Any violations of the foregoing by a vending machine operator holding an ABCC license will give rise to administrative sanctions pursuant to W. Va. Code ''11-16-1 et seq. and 60-7-1 et seq.
4.2. No cigarette vending machine shall be placed in operation within this State that is not so constructed as to display at least one package of cigarettes in each column. All cigarettes shall be placed in the machines in such a manner that the stamps affixed thereto shall be clearly visible.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-5 - Enforcement - Standards For Location of Vending Machines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In order to comply with W. Va. Code '16-9A-8 the vending machine(s) in an ABCC Class A licensed establishment must be in full view and control of the cashier/manager, i.e., the person who accepts payments for purchases in the establishment. If the vending machine is not within full view and control of the cashier/manager, the Commissioner and/or his inspector, agent or employee shall have the authority to direct the cashier, manager or licensee to move the machine to a suitable location. Refusal to do so will constitute interference or hindrance with an investigation and may subject the licensee to administrative sanctions for violation of 175 C.S.R. 2., 4.4.
5.2. Control of the vending machine is the responsibility of the cashier/manager and it is their responsibility to restrict access to the vending machines by any child.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-6 - Enforcement of Youth Smoking Laws; ABCC Class A License Establishments; Use of Minors In Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commissioner may periodically conduct unannounced inspections at ABCC licensed establishments and other establishments where tobacco products are sold or distributed to ensure compliance with the provisions of W. Va. Code '16-9A-1 et seq. and this rule and in a manner that conforms to the applicable federal and state laws, rules and regulations. Persons under the age of eighteen years may be enlisted by the Commissioner to test compliance with this rule. The minors may be used to test compliance only if the testing is conducted under the direct supervision of the Commissioner and written consent of the parent or guardian of such person is first obtained
.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-7 - Penalties, Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any violation of W. Va. Code '16-9A-1 or this legislative rule by an ABCC licensee constitutes a violation of W. Va. Code ''11-16-1 et seq. and/or 60-7-1 et seq. and shall give rise to the administrative penalties authorized by W. Va. Code ''11-16-23 and 60-7-13.
7.2. Any vending machine located or operated in a manner that violates applicable federal or state law, rule or regulation is contraband and may be seized, without warrant. The Tax Commissioner may at his or her discretion decide the disposition of the machines.
7.3. All of the tobacco products from the vending machine are considered contraband and will be seized, without warrant, and upon conviction they will be disposed of at the discretion of the tax Commissioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-09 - Prohibiting Sale Of Tobacco Products In Vending Machines › Section 175-9-8 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A person notified of a violation of W. Va. Code '16-9A-1 et seq., or this legislative rule shall be entitled to a hearing before the Commissioner in accordance with W. Va. Code ''11-16-24 and 60-7-13a and Legislative Rule Title 175, Series 10, Procedural Rule for Alcohol Beverage Control Commissioner.
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 175-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This rule provides the procedure whereby a distillery, mini-distillery, or
				micro-distillery located in the State of West Virginia shall comply with
				bailment procedures, sampling, retail operations, production, retail sales, and
				reporting of activities and licensing broker representatives.
1.2. Authority. - W.Va. Code §
									60-1-5,
				§
									60-1-5b, §
									60-1-5d, §
									60-2-11, §
									60-2-15, §
									60-2-16,
				§
									60-4-2, §
									60-4-3, §
									60-4-3a, §
									60-4-15, §
									60-6-1, and
				§
									60-6-2.
1.3. Filing Date. -
				April 1, 2021.
1.4. Effective Date.
				- April 15, 2021.
1.5. Sunset
				Date. - This rule shall terminate and have no further force or effect upon
				April 15, 2026.
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 175-10-3 - Bailment Policy and Procedures - Actual Bailment and Constructive Bailment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Commissioner must take actual or constructive possession through bailment of
				all alcoholic liquor manufactured for sale by every distillery,
				mini-distillery, or micro-distillery located in the state of West Virginia. The
				distillery, mini-distillery, or micro-distillery must follow the requirements
				for listing alcoholic liquors with the Commissioner as a part of the West
				Virginia Product list, as specified in the West Virginia Code and in 175 CSR 1,
				175 CSR 5, and 175 CSR 6.
3.2.
				Actual bailment must be utilized for all bailment orders and purchases to
				retail outlets for a distillery's, mini-distillery's, or micro-distillery's
				liquor products.
3.2.a. Actual bailment shall
				apply the wholesale markup fee set by the Commissioner and all applicable
				bailment, delivery, handling, and other associated fees and taxes to the
				distillery, mini-distillery, or micro-distillery's liquor products as set forth
				in the West Virginia Code and 175 CSR 1, 175 CSR 5, and 175 CSR 6.
3.2.b. Actual bailment shall require the
				distillery, mini-distillery, or micro-distillery to comply with all applicable
				requirements in the West Virginia Code and West Virginia Code of State Rules.
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 175-10-4 - On-Premises Free Complimentary Sampling; Retail Sales for off-premises personal consumption

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Free
				complimentary samples of alcoholic liquor manufactured at the distillery,
				mini-distillery, or micro-distillery's licensed premises may not exceed the
				moderate quantities of three, on ounce servings of liquor, per customer, per
				day. A distillery, mini-distillery, or micro-distillery shall not operate a bar
				or sell, provide, or furnish other liquor, wine, beer, nonintoxicating beer, or
				nonintoxicating craft beer and shall not be licensed as a private club, private
				wine restaurant, tavern, or any other license permitting on-premises
				consumption, except for free-complimentary samples.
4.2. No person while on the premises of any
				distillery, mini-distillery, or micro-distillery shall break the seal on any
				package of alcoholic liquor, other than the licensee, for the limited purpose
				of on-premises sampling.
4.3. Prior
				to permitting any on-premises liquor sampling, a distillery, mini-distillery,
				or micro-distillery shall verify that each person being served, furnished, or
				consuming samples are 21 years of age or over and are not noticeably or visibly
				intoxicated at any point during the consumption of on-premises
				samples.
4.4. The retail price
				charged by a distillery, mini-distillery, or micro-distillery for off-premises
				retail sales of alcoholic liquor manufactured at the distillery,
				mini-distillery, or micro-distillery may not be less than 110% of the wholesale
				cost of the product as contained in the Commissioner's Wholesale Spirits
				Catalog which sets the uniform price (in accordance with W. Va. Code
				§
									60-3A-17) to a retailer.
4.5. Retail sales of alcoholic liquor
				manufactured at the distillery, mini-distillery, or micro-distillery are for
				off-premises personal consumption by the purchaser and resale by the purchaser
				is prohibited.
4.6. Free
				complimentary samples consist of the alcoholic liquor only, and samples shall
				not include mixers or be sampled, advertised, or marketed as mixed alcoholic
				drinks.
4.7. Alcoholic liquor
				samples must all be free and complimentary and shall not be sold by the
				distillery, mini-distillery, or micro-distillery.
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 175-10-5 - Market zone fee payment and taxes

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each
				distillery, mini-distillery, or micro-distillery shall submit to the
				Commissioner 2% of the gross sales price of each retail liquor sale for the
				value of all sales at the distillery or the mini-distillery each month and the
				sales, information, and calculation shall be submitted to the Commissioner on a
				form provided by him or her. Note, barrel sales are not permitted at any
				distillery, mini-distillery or micro-distillery's licensed premises and must be
				completed through actual bailment in accordance with the ABCA Private Barrel
				Selection Policy.
5.1.a. The market zone fee
				payment shall be collected by the Commissioner and distributed, at least
				quarterly, to each market zone retail outlet located in the distillery,
				mini-distillery, or micro-distillery's market zone, proportionate to each
				market zone retail outlet's annual gross prior year's pretax value sales.
5.1.b. The maximum amount of the
				market zone fee payments made by a distillery, mini-distillery, or
				micro-distillery is $15,000 per annum.
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 175-10-7 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				distillery, mini-distillery, or micro-distillery located in the state of West
				Virginia shall report monthly to the Commissioner the total retail sales of
				alcoholic liquors sold at the licensed premises.
7.1.1. Total retail sales information shall
				be submitted on forms provided by the Commissioner or in a manner approved by
				the Commissioner.
7.1.2. The
				distillery, mini-distillery, or micro-distillery shall submit to the
				Commissioner, with this report, 2% of the total retail liquor sales at the
				distillery, mini-distillery, or micro-distillery each month.
7.1.3. Total gross sales reports and payment
				of the 2% of the total retail liquor sales shall be submitted by the
				distillery, mini-distillery, or micro-distillery to the Commissioner on or
				before the 15th day of the month following the month for which the report is
				made.
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 175-10-8 - Informational Signs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any
				distillery, mini-distillery, or micro-distillery conducting tours, on-premises
				free complimentary samples, and off-premises retail sales shall post notices to
				the public related to the possible danger of birth defects which may result
				from the consumption of alcohol during pregnancy which shall be displayed in
				plain view at the main entrance to areas where alcohol is sold for off-premises
				consumption and tasting areas. This form is available on the Commissioner's
				website,
www.abca.wv.gov
.
8.2. Any distillery, mini-distillery, or
				micro-distillery conducting tours, on-premises free complimentary samples, and
				off-premises retail sales shall post a blood-alcohol chart, provided by the
				Commissioner, which shall be posted in an open and prominent place within the
				distillery, mini-distillery, or micro-distillery. This chart is available on
				the Commissioner's website,
www.abca.wv.gov
.
8.3. Any advertisements utilized by a
				distillery, mini-distillery, or micro-distillery shall not encourage
				intemperance or underage consumption.
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 175-10-9 - Days and hours distillery, mini-distillery, or micro-distillery may conduct off-premises retail sales for personal consumption and serve on-premises free complimentary samples

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				distillery, mini-distillery, or micro-distillery may not sell or offer
				alcoholic liquors for retail sales for off-premises consumption on Sundays
				until after 1:00 p.m. A distillery, mini-distillery, or micro-distillery may
				not provide on-premises free complimentary sampling on Sundays until after
				10:00 a.m.
Provided
, That sampling may not begin until 1:00
				p.m. in a county that has voted to forbid sales until 1:00 p.m., as provided in
				W. Va. Code §
									7-1-3ss. A distillery, mini-distillery, or micro-distillery
				may not conduct retail sales for off-premises consumption or offer on-premises
				free complimentary samples on Easter Sunday or Christmas Day.
9.2. A distillery, mini-distillery, or
				micro-distillery may not sell alcoholic liquors for retail sales for
				off-premises consumption or offer alcoholic liquors for on-premises free
				complimentary sampling between the hours of midnight, 12:00 a.m., and 8:00 a.m.
				on weekdays and Saturdays.
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 175-10-10 - Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. No
				distillery, mini-distillery, or micro-distillery may sell more than 3,000
				gallons of product at the distillery, mini-distillery, or micro-distillery's
				licensed premises during the the initial two years of licensure.
10.2. The distillery, mini-distillery, or
				micro-distillery may increase sales at the distillery, mini-distillery, or
				micro-distillery location by 2,000 gallons following the initial 24-month
				period of licensure and may increase sales at the distillery, mini-distillery,
				or micro-distillery location each subsequent 24-month period by 2,000 gallons,
				not to exceed 10,000 gallons a year of total sales at the distillery,
				mini-distillery, or micro-distillery's location.
10.3. After the initial 2 years, no licensed
				mini-distillery may produce more than 50,000 gallons per calendar year at the
				mini-distillery location.
10.4.
				After the initial 2 years, no licensed micro-distillery may produce more than
				10,000 gallons per calendar year at the micro-distillery location.
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 175-10-11 - Manufacturer, distillery, mini-distillery, and micro-distillery prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Improper
				inducements. - Federal and state law prohibit a distillery, mini-distillery, or
				micro-distillery from providing inducements, directly or indirectly, to any
				retail outlet to purchase alcoholic liquors from the manufacturer to the
				exclusion, in whole or in part, of products sold or offered for sale by another
				manufacturer. Prohibited inducements include:
11.1.a. Acquiring or holding any interest in
				any license with respect to the retail outlet or any other premises which is
				owned, occupied, or used in any manner by the licensed retailer or his or her
				immediate family;
11.1.b.
				Acquiring any interest in real or personal property which is owned, occupied,
				or in any manner used by the licensed retailer or his or her immediate family
				in the conduct of the retail outlet or any other of his or her businesses;
11.1.c. Furnishing, giving,
				renting, lending, or selling to the licensed retailer or his or her immediate
				family any equipment, fixtures, exterior signs, supplies, money, services, or
				other things of value, except that a manufacturer may furnish to a licensed
				retailer items of nominal value for in-store display or sales purposes for use
				only within the licensed retail outlet;
11.1.d. Paying or crediting the licensed
				retailer or his or her immediate family for any advertising, display, or
				distribution services;
11.1.e.
				Guaranteeing any loan for the repayment of any financial obligation of the
				licensed retailer or his or her immediate family; or
11.1.f. Requiring the licensed retailer to
				take and dispose of a certain quota of any distilled spirits.
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 175-10-15 - Revocation, hearing and appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				Commissioner may revoke a license upon a finding that:
(a) the a distillery, mini-distillery,
				micro-distillery, or licensed representative/broker is not a suitable person or
				involves unsuitable persons;
(b)
				the place occupied by the distillery, mini-distillery, or micro-distillery is
				not a suitable place;
(c) the
				distillery, mini-distillery, or micro-distillery has violated a provision of
				Chapter 60 of the West Virginia Code, this rule, or any rule made by the
				Commissioner under the authority of Chapter 60 of the Code; or
(d) the distillery, mini-distillery,
				micro-distillery, or licensed representative/broker has failed to comply with
				the spirit and intent of Chapter 60 of the Code by encouraging intemperance,
				the unlawful consumption of alcoholic liquors, or otherwise.
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules repeal and replace 176 CSR 1 and establish rules for
				the West Virginia Alcohol Beverage Control Administration Commissioner relating
				to nonintoxicating beer and affecting manufacturers, brewers, distributors,
				retailers, and consumers.
1.2.
				Authority. -- W. Va. Code §
									11-16-1
et
				seq.
1.3. Filing Date. --
				April 8, 2024.
1.4. Effective Date.
				- April 8, 2024.
1.5. Sunset Date.
				This rule shall terminate and have no further force effect upon August 1,
				2032.
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-5 - Growlers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The retail
				sale of nonintoxicating beer and nonintoxicating craft beer in growlers for
				off-premises personal consumption and not for resale from a brewer or resident
				brewer located in the state of West Virginia, a licensed brewpub, a Class A
				retail dealer, a Class B retail dealer, a Class A Retail licensee, or a Class B
				Retail licensee subject to certain requirements in the Code and the
				rules.
5.2. For purposes of this
				rule an "authorized licensee" means a licensed brewer or resident brewer
				located in the state of West Virginia, a licensed brewpub, a Class A retail
				dealer, a Class B retail dealer, a Class A Retail licensee, or a Class B Retail
				licensee who has applied for the growler privilege, paid the $100.00
				nonrefundable fee (or is a brewer, resident brewer, or brewpub exempt from such
				fee) and obtained all the necessary approvals for licensure with the growler
				privilege.
5.3. The Commissioner
				shall provide growler informational and licensure forms on its website at
www.abca.wv.gov
.
5.4. Growler requirements:
5.4.a. An authorized licensee may offer
				nonintoxicating beer or nonintoxicating craft beer only for retail sale to
				patrons from their licensed premises in a growler for personal consumption only
				off of the licensed premises and not for resale.
5.4.a.1. Prior to the sale, the authorized
				licensee shall verify, using proper identification, that any patron purchasing
				nonintoxicating beer or nonintoxicating craft beer is 21 years of age or over
				and that the patron is not visibly intoxicated.
5.4.a.2. An authorized licensee may not sell,
				give, or furnish alcoholic liquors, including wine, for consumption off of its
				licensed premises subject to the penalties in the Code and this rule, unless it
				is:
5.4.a.2.A. Any type of private club
				licensed to sell sealed wine for consumption off of the licensed premises and
				meets the requirements set out in subsections (j) and (l), of W. Va. Code
				§
												60-8-3, for the sale of wine, or
				is separately authorized for the sale of wine growlers, or is private club
				restaurant or a private manufacturer club separately authorized for the sale of
				craft cocktail growlers;
5.4.a.2.B.
				A retail outlet with a Class A retail license (freestanding liquor retail
				outlet) or Class B retail license (mixed retail liquor outlet) licensed to sell
				sealed original container liquor and nonintoxicating beer or wine, or all
				three, for off-premises consumption; or
5.4.a.2.C. A Class B licensee licensed to
				sell sealed original container nonintoxicating beer or wine, or both for
				off-premises consumption.
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-7 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any West
				Virginia licensed retailer may advertise nonintoxicating beer products
				including, but not limited to the following manner:
7.1.a. By a display or displays, of nominal
				value less than $25 per stock keeping unit, of such products and their
				containers within the licensed establishment. The licensed retailer and a
				licensed representative providing a display shall retain records of the value
				of all displays.
7.1.b. Within
				licensed establishments by signs, posters, placards, graphic displays,
				decorations or other similar advertising matter including crepe paper, plastic
				static window clings displayed to the public, or other background or decorative
				material, signs, placards, posters or other similar advertising
				matter.
7.1.c. By advertisements in
				any advertising medium that nonintoxicating beer or nonintoxicating craft beer
				is offered for sale on the licensed premises and listing the price and brand of
				the beer, subject to the approval by a brewer or resident brewer of a brewer or
				resident brewer's logos, copyright, trademarks, and trade dress being used for
				the advertisement.
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-9 - Reserved For Future Use

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-10 - Reserved for future Use

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-11 - Reserved for Future Use

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-12 - Flat or Out-of-Date Beer

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No allowance shall be made by any
				brewer or distributor to any licensed retailer, nor shall any brewer make any
				allowance to any distributor as a result of any claim for flat or out-of-date
				beer, that is no longer fit for human consumption or has deteriorated in
				quality, in excess of a ratio of one (1) bottle to 50 bottles, cans, or other
				original containers in any one (1) calendar month, except with the written
				approval of the Commissioner.
12.1.a. Any
				allowances made in excess of the rate of one (1) bottle to 500 bottles, cans,
				or other original containers as a result of claims for flat beer will subject
				the offending parties to a revocation of their licenses.
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-13 - Brewers, Qualification, Shipment Into State, Bond, Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. West Virginia
				distributors shall not purchase, receive or distribute any nonintoxicating beer
				from any brewer or resident brewer, whether situate in or out of the state of
				West Virginia, unless the brewer is qualified to manufacture or transport
				nonintoxicating beer into the state by licensure from the Commissioner. The
				license as described in W. Va. Code §
									11-16-1
et seq
.
				which shall provide:
13.1.a. For the filing of
				such written reports as may be required by the Commissioner.
13.1.b. For the payment on behalf of its
				distributors, of the beer excise (barrel) tax in monthly advance payments, or
				as may be otherwise directed by rule or statute; and
13.1.c. For the delivery, upon request, to
				the office of the Commissioner, the brewer's or resident brewer's records,
				papers, and accounts, for the purpose of inspecting and auditing the same, or
				the payment of the expense of an auditor(s) of the Commissioner while
				inspecting and auditing records in the office of the brewer or resident
				brewer.
West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-14 - Revocation or Suspension of License

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Upon a determination of the
				Commissioner that a licensee has violated the provisions of West Virginia Code
				§
									11-16-1,
et seq
.
				acted in such a way as would have precluded initial or renewal licensure, or
				violated any rule or order promulgated by the Commissioner, the Commissioner
				may:
14.1.a. Revoke the licensee's
				license;
14.1.b. Suspend the
				licensee's license;
14.1.c. Place
				the licensee on probationary status for a period not to exceed 12 months;
				and/or,
14.1.d. Impose a monetary
				penalty not to exceed $1,000.00 for each violation where revocation is not
				imposed.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures to be followed for all events under the
				jurisdiction of the State Athletic Commission except for Mixed Martial Arts
				events which are regulated under Series 2 of this Title. It applies to any
				professional boxing match or event, any amateur boxing match or event or any
				showing exhibiting of any simultaneous telecast of any live, current or
				spontaneous boxing or sparring match, or a closed circuit telecast subscription
				television viewed within this State or any other state and for which an
				admission charge is made.
1.2.
				Authority. -- W. Va. Code §
									29-5A-24.
1.3. Filing Date. - May 9, 2023.
1.4. Effective Date. - July 1,
				2023.
1.5. Sunset Date. - This rule
				shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The words used in this rule shall have the following
				  meanings, unless the content indicates a different meaning:
2.1. "Amateur" -- means a boxer who competes
				for other than a money prize.
2.2.
				"Amateur Boxing Association Rules" -- means those rules promulgated by the
				amateur boxing association, USA Boxing, Inc.
2.3. "Amateur contests and exhibitions" --
				means contests or exhibitions in which the participants are bona fide amateurs
				and receive no named compensation or reward for their participation in any
				contest or exhibition, except watches, medals, articles of jewelry, silverware,
				trophies or ornaments suitably inscribed to show that it is given for
				participation in an amateur boxing contest or exhibition. No other prize or
				reward shall be given or awarded or accepted by any amateur boxer unless
				authorized in writing by the Commission.
2.4. "Commission" -- means the West Virginia
				State Athletic Commission.
2.5.
				"Deputy" -- means an individual appointed by the Commission to represent the
				Commission in its absence.
2.6.
				"Promoter" -- means any individual, club, corporation or association
				incorporated if necessary under the laws of the State of West Virginia engaged
				in the promotion of regularly scheduled or individual boxing shows or
				contests.
2.7. "Professional" --
				means a boxer who competes for money.
2.8. "Sanction" -- means permitting boxing
				events to occur and authorizing title matches.
2.9. "Semi-Professional" - means a boxer who
				competes for money but is not licensed as a professional boxer. A
				semi-professional boxer may only compete in a two-night semi-professional
				event, as provided in Section 46 of this Series, or in a single-night
				semi-professional event, as provided in Section 46a of this Series.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-2a - Classification of Boxers

Current through Register Vol. XLI, No. 28, July 12, 2024
2a.1.
				Classification of Boxers. -- The categories of amateur boxer, semi-professional
				boxer, and professional boxer, shall be mutually exclusive categories except as
				allowed in Section 2a.2.
2a.2.
				General Application. -- A boxer who competes in any Semi-Professional event as
				outlined in Section 46 and 46a of these rules shall be limited to competing as
				an amateur boxer in five subsequent events sanctioned by the Commission. Any
				boxer who wins three two-night Semi-Professional elimination tournaments as
				outlined in Section 46 of these rules shall be prohibited from subsequently
				competing in any additional Semi-Professional events. Any boxer who wins four
				(4) one-night semi-professional events as set forth in Section 46a of this
				Series shall be prohibited from subsequently competing in any additional
				Semi-Professional events. These prohibitions shall be effective regardless of
				whether the boxer attempts to subsequently compete in the same or a different
				weight class from the weight class in which he or she competed or won in the
				Semi-Professional event.
2a.3.
				Waiver Permitted. -- The Commission shall have the discretion to waive the
				limitation of a three championship limit for semi-professional boxers set forth
				Section 2a.2 for any Semi-Professional style national championship or world
				championship event sanctioned by the Commission and to be conducted in this
				State.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-3 - Press Relations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission may, in its discretion, after each meeting,
				  issue a bulletin to the press of news items of interest to the public, and may,
				  in its discretion, invite members of the press to attend meetings or hearings
				  of the Commission.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-4 - Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General. --
				The Commission at its discretion may issue a license to promote, conduct or
				hold professional boxing or sparring matches and exhibitions to any individual,
				club, corporation or association eligible for a license under this
				chapter.
4.2. Application
				requirements.
4.2.a. All applications for a
				license shall be signed by the applicant and verified by an official of the
				Commission. In making application for such license, the applicant shall set
				forth such facts as this rule may require.
4.2.b. Each application for license of
				professional boxer shall be accompanied by two (2) passport size photographs of
				the applicant.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-5 - Bond Required

Current through Register Vol. XLI, No. 28, July 12, 2024
Before any license is issued to any promoter regularly
				  conducting boxing contests, he shall execute and file with the Commission a
				  surety bond sufficient to cover all purses, awards and payments to be paid by
				  the promoter. The bond shall be determined by the Commission. The minimum bond
				  shall be ten thousand ($10,000) dollars. The bond shall be available to cover
				  any fees associated with fighters, managers, seconds, other fight related
				  participants, medical expenses or deductible costs for injured boxers, and
				  fight official. The bond may not be available to cover expenses such as
				  building rental, concession stand operations, advertisements, or other similar
				  expenses.
West Virginia Code of State Rules › Agency 177 - Athletic Commission › Title 177 - LEGISLATIVE RULE STATE ATHLETIC COMMISSION › Series 177-01 - Administrative Rules of the West Virginia State Athletic Commission › Section 177-1-6 - Individual Sanction and Permits for Professionals and Amateurs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Application
				for sanction. -- Before any professional boxing or amateur boxing performance
				shall be authorized in the State of West Virginia, the promoter shall obtain an
				individual sanction and permit from the Commission at least thirty (30) days
				before the date of any such contest or exhibition.
6.1.a. Requirements of applicants. -- Each
				application for sanction or permit of a professional fight shall name all
				contestants, the number of rounds and the date and place of the
				contest.
6.1.b. Contracts made must
				be filed. -- All contracts made by the promoter with contestants who are to
				appear on the event must be filed at the same time. All signed contracts must
				be submitted to the Commission no later than noon of the day of the event. No
				boxer will be allowed to enter the ring unless he or she has signed a contract
				for the event. Fighters who are substituted to the bout card on the day of the
				event pursuant to Section 6.7,
infra
, must sign a contract for
				the event prior to entering the ring.
6.1.c. Books open for inspection. -- As a
				condition for issuance of a sanction, each applicant must agree to accord the
				Commission the right to examine the books, accounts and other records for which
				such sanction is issued.