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 175-05 - Licensing Of Retail Outlets › Section 175-5-15 - Bonding Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Each purchase option applicant or applicant submitting a bid or bids for a retail license under the provisions of this rule, shall furnish to the Commissioner a bond at the time of the purchase option or bidding. The bond shall guarantee the payment of twenty-five percent (25%) of the total price of the purchase option or the bid for each retail license. In the event that a winning bid is not paid, the bond will be forfeited to the State.
15.2. A four-page (4) "Approved Format for an Irrevocable Letter of Credit" will be provided by the Commissioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-16 - Annual Retail License Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The annual retail license fee for a Class A retail license or a Class B retail license is two thousand dollars ($2,000) per each retail license operated by a retail licensee and is due on or before June 30, 2010, or on or before June 30th for every year thereafter during a ten year license period.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-17 - Sale, Assignment or Transfer of Retail License

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. No person may purchase or otherwise acquire a retail license unless the Commissioner has first approved the person's qualifications to hold a retail license. Those qualifications are the same as those required by W. Va. Code §
									60-3A-1,
et seq
. and this rule.
17.2. No person may sell, assign or otherwise transfer a retail license without the prior written approval of the Commissioner. The Commissioner's approval shall not be unreasonably withheld. For purposes of W. Va. Code §
									60-3A-14 and this 175-5-14, the merger of a retail licensee or the sale of more than fifty percent (50%) of the outstanding stock of a licensee which is a corporation, or of the partnership or ownership interests of a partnership or other entity that is not a corporation, shall be deemed to be a sale, assignment or transfer of a retail license.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-18 - Surrender of Retail License

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. When a retail licensee surrenders a retail license to the Commissioner or when it is revoked or forfeited, the Commissioner shall then proceed to reissue the retail license by following the bidding and other procedures set forth in W. Va. Code §
									60-3A-1,
et seq
., and this rule for the initial issuance of a retail license.
18.2. The effective date of a rebid license under this section shall be only for the portion of the ten-year (10) license remaining after the bid is awarded.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-19 - Restriction on Location of Retail Outlets

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. No retail outlet may be located within the immediate vicinity of a school or church.
19.2. The provisions of W. Va. Code §
									60-3A-16 and this subsection do not apply to the location of a retail licensee who, on February 27, 1990, held a license for the retail sale of wine, fortified wine or nonintoxicating beer at such a location.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-20 - Wholesale Prices Set By Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The Commissioner has fixed wholesale prices for the sale of liquor, other than wine, to retail licensees. The Commissioner shall sell liquor, other than wine, to retail licensees according to a uniform pricing schedule.
20.1.a. The Commissioner has established wholesale prices for the sale of liquor to retail licensees which is based upon the delivered cost of distilled spirits which ABCC purchases plus a mark-up of 28%, or a percentage the Commissioner may otherwise determine. A shipping, delivery and handling charge per case delivered as periodically set by the Commissioner will be added to the total purchase price. The Commissioner charges additional fees pursuant to 175 CSR 6 to ensure the efficient operation of the ABCC warehouse.
20.1.b. A uniform pricing schedule is maintained by the publication of an ABCC Quarterly Spirits Price List which is sent to all retail licensees on a quarterly basis on February 1, May 1, August 1 and November 1 of each year or shall be made available by the Commissioner on the ABCC website at
www.abca.wv.gov
. This catalog contains all alcoholic products normally available from the ABCC in addition to complete product information and pricing structure. Further pricing is disseminated in the annual ABCC Tradeshow Catalog with pricing, as submitted by manufacturers and suppliers, for West Virginia product available for purchase at the ABCC Tradeshow by retail licensees.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-21 - Days and Hours Retail Licensees May Sell Liquor

Current through Register Vol. XLI, No. 28, July 12, 2024
Retail licensees may not sell liquor on Sundays, Christmas or between 12:00 midnight and eight o'clock a.m. on weekdays and Saturdays. Wine and fortified wines may not be sold between the hours of two o'clock a.m. and one o'clock p.m. on Sundays, or between the hours of two o'clock a.m. and seven o'clock 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 175-05 - Licensing Of Retail Outlets › Section 175-5-22 - Limitation on Amount to be Sold

Current through Register Vol. XLI, No. 28, July 12, 2024
Not more than ten gallons of alcoholic liquor may be sold by a retail licensee to a person at one time without the approval of the Commissioner. However, a sale in excess of ten gallons may be made to a religious organization purchasing wine for sacramental purposes. This section does not apply to purchases by private clubs as defined in W. Va. Code §
									60-7-2.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-23 - Nonapplication of Rules to Retail Sales of Nonintoxicating Beer

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. This rule does not apply to retail sales of nonintoxicating beer. 176 CSR 1 contains the rule for nonintoxicating beer licensing and operations procedures.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-24 - Tax on Purchases of Alcoholic Liquor

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. In addition to the cost of alcoholic liquor, a State tax authorized by W. Va. Code §
									60-3A-21 of five percent (5%) of the purchase price must be added to all purchases from retail licensees, and the tax must be collected with the purchase price by the retail licensee.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-25 - Requirement for Posting Information Signs

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. Each retail licensee shall post in an open and prominent place within each retail outlet a blood-alcohol chart in the form prescribed by W. Va. Code §
									60-6-24, the provisions of which are incorporated in this rule by reference. The chart will be provided by the Commissioner.
25.2. All persons licensed to sell alcoholic liquor, wine, beer, nonintoxicating beer, nonintoxicating craft beer or other alcohol product at retail either for consumption off-premises or on-premises, or both, shall display signs provided by the Commissioner warning of the possible danger of birth defects which may result from the consumption of alcohol during pregnancy.
25.3. All Class B retail licensees or mixed retail liquor outlets shall post and display, in and around their restricted area or separate retail floor space devoted solely to the sale of West Virginia product and beer, at least six prominently marked signs as provided in subsection 5.2.e.3.C.
25.4. Upon a determination by the Commissioner that a licensee has failed to comply with these provisions, the Commissioner may impose a civil administrative penalty for not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation, suspend the retail licensee, or a combination of monetary penalty and suspension.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-26 - Records Required of Retail Licensees; Inspection of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Each retail licensee must keep a record in book form showing the date that all West Virginia product, distilled spirits, wine and beer were received on his or her, or its premises, and from whom received.
26.2. Each retail licensee shall also maintain records including ABCC Form 190 showing the merchandise code, the total quantity of sales, and the quantity of each sale to a religious organization or to a private club as defined in W. Va. Code §
									60-7-2. A copy of ABCC Form 190 will be provided by the Commissioner.
26.2.a. In the case of sales to a private club, ABCC Form 190 shall be maintained by the retail licensee and the club must be identified by name, address and ABCC license number, and the full name of the person receiving the order must be clearly listed.
26.2.b. Each retail licensee must send a copy of ABCC Form 190 to the ABCC Warehouse each week, together with the Weekly Invoice which is a computer printout of the products ordered and delivered each week to a retail licensee. The driver of the delivery truck will take the ABCC Form 190 and the ABCC Weekly Invoice to the ABCC Warehouse each week. A copy of the ABCC Weekly Invoice will be provided by the Commissioner.
26.2.c. Failure by a retail licensee to comply with the provisions of subsection 26.2.b will subject him, or her, or it, to assessment of a Civil Penalty under the provisions of W. Va. Code §
										60-3A-26.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-28 - Certain Acts of Retail Licensees Prohibited; Criminal Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. It is unlawful for any retail licensee, or agent or employee thereof, on such retail licensee's premises to:
28.1.a. Sell or offer for sale any alcoholic liquor other than from the original package or container;
28.1.b. Sell, give away, or permit the sale of, gift of, or the procurement of, any alcoholic liquor, for or to any person under the age of twenty-one (21);
28.1.c. Sell, give away, or permit the sale of, gift of, or the procurement of, any alcoholic liquor, for or to any person who is visibly intoxicated;
28.1.d. Sell or offer for sale any alcoholic liquor on any Sunday or other than during the hours permitted for the sale of alcoholic liquor by retail licensees as provided under W. Va. Code §
										60-3A-1,
et seq
., and this rule;
28.1.e. Permit the consumption by any person of any alcoholic liquor;
28.1.f. With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;
28.1.g. Permit any person under eighteen (18) years of age to sell, furnish or give alcoholic liquor to any other person;
28.1.h. Purchase or otherwise obtain alcoholic liquor in any manner or from any source other than the Commissioner; or
28.1.i. Permit any person to break the seal on any package or bottle of alcoholic liquor.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-29 - Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. Any retail licensee who violates any provision of W. Va. Code §
									60-3A-1,
et seq
., any rule promulgated by the Board or any rule promulgated by the Commissioner may be assessed a civil money penalty by the Commissioner. The amount of this money penalty may not exceed one thousand dollars ($1,000) for each violation of the Act, the Board rule or a rule of the Commissioner.
29.2. Each day the violation continues shall constitute a separate violation.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-30 - Suspension or Revocation of Retail License

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. The Commissioner may, upon his or her motion, or upon the sworn complaint of any person, conduct an investigation to determine if any provision of W. Va. Code §
									60-3A-1,
et seq
., this rule or of any other rule promulgated by the Board or Commissioner under authority of W. Va. Code §
									60-3A-6 has been violated by any retail licensee. The Commissioner may immediately suspend a retail licensee for failing to meet and maintain licensure requirements, purchase option requirements or deferred payment financing requirements, or if the Commissioner determines that public safety will be adversely affected by the licensee's continued operation. The Commissioner may suspend or revoke a retail license if the retail licensee, or any employee thereof acting in the scope of his or her employment, has violated any such provision, and may suspend a retail license without hearing for a period not to exceed twenty (20) days if he or she finds probable cause to believe that the retail licensee, or any employee thereof acting in the scope of his or her employment, has willfully violated any such provision.
30.2. The Commissioner may revoke a retail license for any reason which would constitute grounds for the denial of an application for retail license filed pursuant to W. Va. Code §
									60-3A-8.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-31 - Revocation of License For Failure to Operate Retail Outlet & Forfeiture of Retail Outlet for Failure to Operate Retail Outlet

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Revocation. -- The Commissioner may revoke a Class A retail license if the licensee fails to operate a freestanding liquor retail outlet authorized under the license and may revoke a Class B retail license if the licensee fails to operate a mixed retail liquor outlet authorized under the license.
31.1.a. The Commissioner may revoke a retail licensee who fails to meet the requirements of section 9.
31.1.b. The Commissioner may revoke a retail licensee who fails to meet the requirements of section 10.
31.1.c. The Commissioner may revoke a retail licensee who fails to meet the requirements of this rule and the code.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-32 - Notice of and Hearing on Boundary Disputes

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Any retail licensee who disputes the placement of any part of the boundary which forms a part of the boundary of the market zone, or designated area within the market zone, within which the retail licensee's retail outlet is located may petition the Commissioner for a resolution of the dispute.
32.1.a. The petition shall be in writing, and shall state the boundary in dispute, the grounds of the petition and all persons who may be affected by the Commissioner's decision.
32.1.b. A copy of the petition shall be concurrently served upon all persons who may be affected by the Commissioner's decision and the petitioner shall verify under oath that such service has occurred.
32.1.c. Within ten (10) days after receipt of the petition, the Commissioner shall schedule a hearing on the matter. At least twenty (20) days' notice of the hearing shall be provided to affected persons. Notice is to be sent by certified mail, return receipt requested to the addresses provided by the petitioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These modified proposed legislative regulations explain and clarify the
				bailment procedures and policies to be utilized by the ABCC in the operation of
				the ABCC warehouse and the provision of alcoholic liquor to licensed retail
				stores.
1.2. Authority. -- W. Va.
				Code §§
									60-2-16 and
				29A-3-1
				et seq.
1.3. Filing Date. - July 1,
				2022, Technical Amendment filed June 27, 2022.
1.4. Effective Date. -- September 28, 2022,
				and Table 1, effective date - June 27, 2022.
1.5. Sunset Date. -- This rule shall
				terminate and have no further force or effect upon August 1, 2042.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-3 - Conversion to Bailment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. During
				the time the ABCC converts to a bailment warehousing method, the inventory will
				consist of product owned by the ABCC and product owned by suppliers.
3.1.1. When conversion commences on July 3,
				1990, and at all times subsequent thereto, ABCC inventory will be used first;
				when the ABCC inventory is insufficient, inventory provided by suppliers will
				be used.
3.1.2. The ABCC inventory
				records will at all times maintain a separate identity from all suppliers'
				inventory.
3.1.3. As the ABCC
				inventory is depleted, supplier inventory will be increased to the pre-approved
				level.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-4 - Delivering Merchandise

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Suppliers will be responsible for determining the quantities of merchandise to
				be delivered to the ABCC warehouse for bailment storage. ABCC requires that
				suppliers deliver product in multiples of pallet quantities only. Effective
				January 1, 1991, product will not be unloaded if it is not shipped and unloaded
				on pallets.
4.2. Suppliers are
				required to notify ABCC warehouse personnel at least forty-eight (48) hours in
				advance of shipment of quantities, by code, of product being delivered to the
				ABCC Warehouse. The supplier will be provided with an unloading reference
				number at the time ABCC is notified of shipment.
4.3. The shipment will not be accepted if the
				quantities to be delivered will place the warehouse inventory of the product
				being delivered over the maximum level. The supplier will be notified of such
				nonacceptance within 24 hours of original notification.
4.4. The supplier will be responsible for
				obtaining the freight carrier. The supplier must provide the carrier with the
				ABCC unloading reference number.
4.5. The carrier is required to call the ABCC
				Warehouse to obtain an unloading appointment time. The carrier must indicate
				the supplier and the ABCC unloading reference number when scheduling the
				appointment. Carriers should call at least one (1) working day in advance to
				arrange the unloading time. Trucks arriving without appointments and reference
				numbers will not be unloaded.
4.5.1. In
				general, deliveries will not be unloaded from 4:00 p.m. to 7:00 a.m. Monday
				through Friday, nor at all on Saturdays, Sundays or legal State holidays
				including primary and general election days.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-5 - Unloading and Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. ABCC
				Warehouse personnel will unload all products. Carrier drivers are required to
				witness the unloading.
5.2. ABCC
				Warehouse personnel will complete a warehouse unloading report form. This
				report will indicate by code the number of cases unloaded. Shortages and damage
				will be noted. The driver and ABCC warehouse representative will sign the
				unloading report form and the Bill of Lading or Delivery Receipt.
5.3. ABCC will provide the supplier with a
				copy of the warehouse unloading report form and the Bill of Lading or Delivery
				Receipt. The supplier and the carrier must resolve any shipping discrepancies
				from the report.
5.4. ABCC will use
				the warehouse unloading report form to enter information into the computer
				inventory files. ABCC will be responsible for the accuracy and maintenance of
				the computer inventory files.
5.5.
				Only full cases of salable product will be placed into storage for the
				supplier. Salable is defined as product that can be sold at full retail price.
				Cases that are short bottles, damaged, or have broken bottles will be unloaded
				into a vendor holding area. The supplier will be notified and disposition
				instructions requested. The supplier may send a representative to the warehouse
				to physically process the reported damage or request that ABCC personnel
				provide the extra service. ABCC will charge the supplier for extra case
				handling services.
5.6. Partial
				Cases of Salable Product:
5.6.1. The supplier
				may request that partial cases of salable product be transferred to vendor
				storage for eventual purchase by retail liquor stores.
5.6.2. As an alternative, the supplier must
				furnish disposition instructions within thirty (30) days subsequent to when
				such instructions were requested by the ABCC. If the supplier fails to furnish
				instructions, ABCC may sell the product and retain the proceeds to cover
				handling costs. ABCC personnel will adjust the computer bailment inventory
				records. This procedure does NOT constitute a purchase of bailment inventory by
				ABCC.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-6 - Use of Bailment Inventory

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. ABCC
				maintains a computerized inventory system that keeps a perpetual listing of the
				inventory in the various warehouse locations. This computerized system is
				designed to use the ABCC inventory to fill retail liquor store orders before
				product is requested from the supplier's bailment stock.
6.2. When the ABCC inventory no longer
				contains a requested code, the computer will issue daily an automatic
				withdrawal order for each code that is needed from the supplier's inventory.
				This withdrawal order is printed by code, supplier and in full case quantities.
				The withdrawal order is generated one (1) working day in advance of shipment of
				the product to the retail liquor store. ABCC will take possession of the
				product when it is picked from bailment stock in preparation for
				shipment.
6.3. At the end of the
				daily activity on the 15th and last day of each month, the computer will
				generate for the time period covered a bailment purchase order/receiving
				report. This report is a compilation of the items transferred to ABCC
				possession through the use of the automatic withdrawal requests and the manual
				warehouse transfer transactions. It also provides a recap of all credit memos
				and other chargebacks that have been processed during this time. Detailed
				reconciliation of product transfer during each day of the report period will be
				a part of this report. See Section 15 of these regulations for additional
				information.
6.4. For most
				suppliers, the report described in Section 6.3 will be transmitted by an
				electronic mail transfer to the supplier's business location. This electronic
				transfer of information will support an electronic fund transfer by the West
				Virginia State Treasurer to the supplier's preauthorized bank account. Except
				for certain fiscal constraints in June of each year, fund transfer will occur
				within three to five working days of the close of the semi-monthly report
				period.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-7 - Defective Merchandise and Concealed Damage or Shortage

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Defective alcoholic liquors.
7.1.1. ABCC owned alcoholic liquors.
7.1.1.1. Alcoholic liquors owned by ABCC will
				be returned to the supplier if found to be defective or unsalable.
a. Defective alcoholic liquors located in
				retail liquor stores will processed in accordance with the procedure provided
				in 175 C.S.R. 1, §4.9.
b.
				Defective alcoholic liquors located in the ABCC warehouse will be disposed of
				in accordance with instructions provided by the supplier. Such disposition
				instructions must be provided by the supplier within thirty (30) days after the
				supplier is notified of the defective alcoholic liquors. ABCC may destroy the
				defective alcoholic liquors and invoice the supplier for handling charges if
				the supplier fails to provide disposition instructions.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-8 - Withdrawal of Bailment Inventory by the Supplier

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The supplier may withdraw alcoholic
				liquors from bailment storage for the following reasons:
8.1.1. The supplier may return product to his
				warehouse for redistribution to other areas. The supplier cannot redistribute
				the product to other states or wholesale or retail customers directly from the
				ABCC Warehouse.
8.1.2. The supplier
				may return product to his warehouse if the maximum inventory level at the ABCC
				Warehouse has been exceeded.
8.1.3.
				The supplier may return product to his warehouse if the product is defective or
				unsalable.
8.1.4. The supplier must
				return product to his warehouse if the product has been delisted by ABCC and
				will no longer be available in the State of West Virginia except through ABCC
				by special order.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-9 - Maximum Inventory Levels

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The preapproved level will be a
				sixty-day (60) supply based on a one-year (1) average consumption for each
				code.
9.2. ABCC will set a maximum
				level of inventory of each item in storage.
9.3. The maximum inventory levels will be
				reviewed quarterly and recomputed on a forecasted sales basis. The supplier
				will be provided with a copy of the quarterly maximum bailment inventory level
				report listing the codes carried and the computed levels. The maximum inventory
				level for each code will be used by the ABCC to approve or deny subsequent
				supplier shipments.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-10 - Special Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. ABCC
				often receives requests for an item that is not listed in the Wholesale Spirits
				Catalog.
10.1.1. ABCC will attempt to satisfy
				these requests through the Special Order procedure provided in 175 C.S.R. 1,
				§4.3.
10.1.2. Special Order
				products may be ordered only on a case lot basis.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-11 - Handling Charges

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Suppliers doing business with ABCC under the bailment inventory system will be
				charged for routine warehousing services, such charges will be deducted from
				the amount due the suppliers for withdrawals of their stock from bailment
				inventory. If a supplier, whose license status is active, does not have
				sufficient withdrawals of their stock from bailment inventory to allow the
				charges to be deducted, then such amount shall be carried forward until such
				time as withdrawals are made in amounts sufficient to allow the charges to be
				deducted from the amount due the supplier. Should the supplier's license status
				become inactive, an invoice will be issued by the ABCC to the supplier for the
				amount of the charges due the ABCC. The amount of such charges will be approved
				by the Legislature pursuant to W. Va. Code§29A- 3-1
et
				seq.,
then filed in the State Register. The Commissioner is authorized
				to promulgate an emergency rule in the event of price changes from vendors
				affecting the routine warehousing charges.
11.2. ABCC may also impose handling fees when
				extra services are performed. Examples of extra services and charges are as
				follows: (See Table 1 at the end of this rule.)
11.3. ABCC will complete a special warehouse
				case handling report when extra services are performed. This form will identify
				the supplier, type of services rendered, and the charges. ABCC will invoice the
				supplier based upon the services and charges indicated in the special warehouse
				case handling report.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-13 - Physical Count of Inventory

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				The ABCC is responsible for maintaining the accuracy of the perpetual computer
				inventory records. All transactions affecting the files are checked and
				verified for accuracy daily.
13.2.
				The ABCC will conduct a physical count of all products in the warehouse on a
				twice per year basis as of June 30 and December 31. Differences between the
				physical count and the perpetual records will be resolved by adjusting the
				perpetual records. Suppliers will be advised of any discrepancies found to
				affect the product they have in storage.
13.3. Supplier's representatives may perform
				a physical count of the supplier's inventory. Suppliers are required to make
				appointments at least 24 (twenty-four) hours in advance of the count time.
				Representatives may be asked by ABCC to display appropriate credentials prior
				to commencement of counting activities.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-14 - Listing and Delisting of Inventory Products

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Listing and delisting of products will
				be governed through administrative notices issued by the ABCC.
14.2. Where product with an alcohol content
				in excess of one-half of one percent (.5%) and a distilled spirit base is
				available for inclusion in the bailment inventory but the product does not fit
				within the definition of alcoholic liquor, distilled spirit or wine, the ABCC
				may authorize such product to be included in the bailment inventory and sold by
				licensed retailers.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-15 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. ABCC will
				produce and make available to the person named as agent on the respective
				supplier's Bailment Authorization Form different computer-generated reports to
				assist in managing the bailment inventory.
15.1.1. The agent must choose which of the
				following reports is to be received.
15.1.1.1. BAIL 100 provides the daily
				bailment withdrawal information by showing the total cases withdrawn by code
				and by supplier. The delivered case cost is extended by the total number of
				cases withdrawn from the bailment inventory to determine the total dollar
				amount for each code withdrawn.
15.1.1.2. BAIL 110 provides weekly withdrawal
				information by summarizing the daily reports.
15.1.1.3. BAIL 115 provides the billing
				report as of the fifteenth (15th) and last day of the month. This report, which
				is a semi-monthly bailment activity recap, contains for each code the
				summarized withdrawal-data, the month-to-date receipts, and the current on-hand
				inventory.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Table 1 - WAREHOUSE CHARGES TO SUPPLIERS

Current through Register Vol. XLI, No. 28, July 12, 2024
SERVICE
CHARGE*
Routine Warehouse Charges per
								§11.1.
Recouping/Repacking damaged cases
$2.00 per case (new carton not needed)
Supplying new cartons for damaged
								cases
$5.00 per box
Relabeling or recoding cases
$5.00 per label
Restacking or hand unloading
								pallets
$15.00 per layer
Loading cases for return to
								supplier
$10.00 per pallet + $.80 per case Bailment
								withdrawal
Extra Services Charges per
								§11.2.
Destruction of cases
$2.75 per case
Out of stock (inventory level as required by
								WVABCA)
32% of Vendor's Delivered Case Cost for each
								backordered case
Delivery no show/no call
$100.00 the 1st occurrence, $250.00 the 2nd
								occurrence $250.00, and on the 3rd occurrence die WVABCA will review the
								trucking company, manufacturer and broker's files to determine whether or not
								to continue to accept deliveries.
Upon a showing of good cause, the Commissioner may, in his
				  sole discretion, waive a charge or fee on this list.
Charges are subject to change with ninety (90) days notice
					 by ABCC, such notice to be filed in the State Register. (See 175 CSR 6
					 §11, specifically §§8.5, 11.1 and 11.2)
Filed: March 29, 2022
Published: March 29, 2022
Effective from:June 27,
					 2022
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 175-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes policies and operating procedures for the sale of imported cigarettes, cigarettes produced for export, prohibitions and penalties. This rule does not apply to cigarettes allowed to be imported or brought in to the United States for personal use and cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of  19 U.S.C. 1555(b)  and any implementing regulations; provided this rule does apply to cigarettes brought back into the customs territory for resale within the customs territory. The penalties provided in this rule are in addition to any other penalties imposed under other law.
1.2. Authority. -- W. Va. Code '60-9-5.
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 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-2 - 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. "Business Registration Certificate" means the West Virginia Business Registration Certificate required by W. Va. Code '11-12-1 et seq.
2.3. "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.
2.4. "Cigarette wrappers" means paper or any other material except tobacco prepared for use or is likely to be used by consumers to make cigarettes.
2.5. "Code" means the official Code of West Virginia, one thousand nine hundred thirty-one, as amended.
2.6. "Consumer" means a person who receives or in any way comes into possession of cigarettes for the purpose of consuming or giving them away or disposing of them in any way other than by sale, barter or exchange.
2.7. "Cigarette tax" or "excise tax" means the tax imposed by the State Tax Commissioner by authority W. Va. Code '11-17-1 et seq.
2.8. "Importer" means any person in the United States to whom non-taxpaid tobacco products or cigarette papers or tubes manufactured in a foreign country, Puerto Rico, Virgin Islands, or any United States territory, or a possession of the United States shipped or consigned;
2.8.1. Any person who removes cigars or cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse;
2.8.2. Any person who smuggles or otherwise unlawfully brings tobacco products or cigarette papers or tubes into the United States.
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 175-8-3 - Imported Cigarettes B Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Wholesalers, sub-jobbers, retail dealers, cigarette vending machine operators and any others selling cigarettes or other tobacco products in this State are required to obtain a Business Registration Certificate and a license for selling cigarettes and other tobacco products from the State Tax Department. W. Va. '11-12-1 et seq.
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 175-8-4 - Cigarettes Produced for Export B Prohibitions. Unstamped Tobacco Products

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person will sell or distribute tobacco in this State to consumers or acquire, hold, own, possess or transport, for sale or distribution in this State or to import or cause to be imported for sale or distribution in this State:
4.1.1. Any cigarettes that have a statement, label, stamp, sticker or notice that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States, including but not limited to labels stating "for export only," "U.S. tax-exempt," "for use outside U.S." or similar wording; or
4.1.2. Cigarettes that do not meet federal requirements regarding warnings on packages of cigarettes manufactured, packaged or imported for sale, distribution, or use in the United States including, but not limited to, the precise warning labels specified in the Federal Cigarette Labeling and Advertising Act,  15 U.S.C. 1333  and all federal trademark and copyright laws;
4.1.3. Cigarettes imported into the United States in violation of  26 U.S.C. 5754  or other federal laws or the implementing federal regulations;
4.1.4. Cigarettes that have not submitted the list of ingredients added to tobacco in the manufacture of cigarettes to the secretary of the United States department of health and human services as required by Federal Cigarette Labeling and Advertising Act,  15 U.S.C. 1355  a;
4.1.5. Cigarettes in packages that have been altered prior to sale to ultimate consumer by removing, concealing or obscuring:
4.1.5.a. Any statement, label, stamp, sticker or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States;
4.1.5.b. Any health warning not specified in the Federal Cigarette Labeling and Advertising Act,  15 U.S.C. 1333.
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 175-8-5 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Except as otherwise provided in this rule, any tobacco products as noted in Section 4 of this rule, or any tobacco products that are required to have West Virginia tobacco stamps affixed thereto, and are found any place in this State without the proper stamps affixed thereto, or without applicable West Virginia tobacco tax having been paid, unless such products are in the possession of a person or firm currently licensed, qualified and authorized to possess such tobacco products or unless they are in course of transit from and consigned to a person or firm currently licensed, qualified and authorized to possess such tobacco products, or in the possession of a common carrier complying with the provisions of this part, are declared to be contraband goods and will be seized, without warrant, by the Commissioner or by any peace officer of this State.
5.2. Under no condition may such tobacco products be sold, used or otherwise disposed of before having tax stamps affixed thereto and applicable tobacco tax paid thereon.
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 175-8-6 - Enforcement of Youth Smoking Laws; ABCC; Use of Minors in Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commissioner, the Superintendent of the West Virginia State Police, the sheriffs of the counties of this State and the chiefs of police of municipalities of this State, may periodically conduct unannounced inspections at establishments where tobacco products are sold or distributed to ensure compliance with the provisions of this rule and in a manner that conforms to the applicable federal and State laws, rules and regulations. Persons under the age of eighteen (18) years may be enlisted by the Commissioner or agents thereof 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 or agents thereof and prior 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 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-7 - Administrative Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commissioner may impose a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the tobacco involved or five thousand dollars ($5,000.00) as authorized for violation of W. Va. Code '60-9-5 et seq.
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 175-8-8 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the Commissioner finds any person in violation of W. Va. Code '60-9-1 et seq., or this rule, the Commissioner shall notify that person of the civil penalty to be applied. Any person aggrieved by this imposition of a civil penalty has the right to request a hearing before the Commissioner pursuant to W. Va. Code '60-9-5 and the 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 175-08 - Cigarettes Produced For Export; Imported Cigarettes › Section 175-8-9 - General Enforcement Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Commissioner may for the purpose of enforcing W. Va. Code '60-9-1 et seq. and this rule, share information with and request information from other State agencies, constitutional officers, local agencies, federal agencies and any agency or constitutional officer of this or any other state or any local agency thereof, notwithstanding the provisions of confidentiality of the State Code.
9.2. Any person found to be in violation of W. Va. Code '60-9-1 et seq., may be subject to a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the tobacco involved or five thousand dollars ($5,000.00).