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 175-10-14 - Violations, Penalties and Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A
				distillery, mini-distillery, micro-distillery or their employees, licensed
				representatives, or brokers may not:
14.1.a.
				Sell or permit the sale of more than 10 gallons of alcoholic liquors to a
				person for off-premises personal use and consumption, at one time, without
				approval of the Commissioner.
14.1.b. Sell, offer to sell, or permit the
				sale of any alcoholic liquor in other than the original package or container.
14.1.c. Sell, give, or procure, or
				permit the sale, gift, or procurement of any alcoholic liquor for or to any
				person under the age of 21 or who is visibly intoxicated.
14.1.d. Permit the consumption of any
				alcoholic liquors on the distillery, mini-distillery, or micro-distillery's
				licensed premises by any person, except for free complimentary samples to any
				person over the age of 21 or who is not visibly intoxicated.
14.1.e. Alter, change or misrepresent or
				permit the alteration, change or misrepresentation of the quality, quantity, or
				brand name of any alcoholic liquor.
14.1.f. Permit any person under age 18 to
				sell, furnish, or give alcoholic liquor to any other person.
14.1.g. Purchase or otherwise obtain its or
				any other alcoholic liquors in any manner other than that authorized in the
				West Virginia Code, West Virginia Code of State Rules, and ABCA policies and
				procedures.
14.1.h. Permit any
				person to break the seal on any package or bottle of alcoholic liquor, except
				for the limited purpose of on-premises free complimentary samples.
14.1.i. Permit any person other than a
				distillery, mini-distillery, or micro-distillery licensee, or a regular
				employee thereof, to unpack, shelve, arrange, shift, or otherwise manipulate
				bottles or other receptacles containing distilled spirits, except for the
				purpose of purchasing same.
14.1.j. Sell or permit the sale of its
				alcoholic liquors purchased from the Commissioner, via actual or constructive
				bailment, at a price which is less than 110% of the wholesale cost of the West
				Virginia product. For the purposes of determining the minimum price, the
				distillery, mini-distillery, or micro-distillery shall multiply the
				Commissioner's wholesale cost of the product contained in the Quarterly Spirits
				Price List or the ABCA Tradeshow Catalog, available on the ABCA website at
www.abca.wv.gov
, by 110% (See also 175 CSR
				1 and 175 CSR 5).
14.1.k. Sell or
				permit the sale of its alcoholic liquors through a window at a drive-in or
				drive-through retail establishment.
14.1.l. Sell or permit the sale of its
				alcoholic liquors on Sunday before 1:00 p.m., Easter Sunday, and Christmas day
				or other than during the hours permitted for sale of alcoholic liquors.
14.1.m. As the distillery,
				mini-distillery, or micro-distillery are not licensed retail liquor outlets,
				these licensees may not:
14.1.m.1. Offer for
				sale, sell, or permit the sale of alcoholic liquors to private clubs or other
				ABCA licensees; and
14.1.m.2.
				Offer for sale, sell, or permit the sale of alcoholic liquors manufactured by
				another distillery, mini-distillery, micro-distillery, or other manufacturer.