West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-01 - Licensed Retailer Operations › Section 175-1-3 - Authorized Licensed Retailer Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Only a retail outlet licensed in accordance with W. Va. Code §
									60-3A-1,
et seq.
, may sell West Virginia product or alcoholic liquors at retail in West Virginia. A licensed retail outlet may, in addition to selling alcoholic liquors for consumption away from the premises or off the premises of the retail outlet, do all things common and ordinary in the operation of such an establishment as permitted by its Class A retail license (freestanding liquor retail outlet) or Class B retail license (mixed retail liquor outlet). A licensed retailer that operates more than one (1) retail outlet within a market zone may transfer alcoholic liquors only from one retail outlet to another within the same market zone. Any other transfers of alcoholic liquors require prior written authorization from the ABCC.
3.1.a. A Class A retail license or freestanding liquor retail outlet shall only sell West Virginia product, wine, beer, nonintoxicating beer and other alcohol related products, including tobacco related products, throughout the entire retail floor space of the retail outlet which shall, at minimum, be 750 square feet, as measured by the Commissioner, and further shall maintain displayed inventory and inventory as required by 175 CSR 5, all subject to the requirements in the rules.
3.1.b. A Class B retail license or mixed retail liquor outlet shall only sell West Virginia product, wine, beer, nonintoxicating beer and other alcohol related products, including tobacco related products, in addition to convenience and other retail products. West Virginia product, wine, beer and nonintoxicating beer shall only be sold in the prominently marked restricted area retail floor space of the mixed retail liquor outlet, which shall, at minimum, be 150 square feet, and such products shall not be highly visible, displayed or available for sale outside the restricted area, and further shall maintain displayed inventory and inventory as required by 175 CSR 5, all subject to the requirements in the rules.
3.1.c. A licensed retailer may establish the hours during which the business is open to the public. However, alcoholic liquors and fortified wine, may not be sold on Sundays, Christmas or between 12:00 midnight, and 8:00 a.m. on weekdays and Saturdays; wine may not be sold between 2:00 a.m. and 1:00 p.m. on Sundays or between 2:00 a.m. and 7:00 a.m. on weekdays and Saturdays.
3.1.d. A licensed retailer may employ whom he or she pleases so long as:
3.1.d.1. An employee must be at least eighteen (18) years of age in order to sell alcoholic liquors to customers.
3.1.d.2. An employee must be at least twenty-one (21) years of age to take delivery of alcoholic liquor at the ABCC warehouse.
3.1.d.3. A retail outlet may employ a person between sixteen (16) and eighteen (18) years of age to work in a retail outlet if the Commissioner has beforehand provided written approval to employ such persons. The Commissioner's approval must be requested in the initial application or annual license renewal form and such approval will not be unreasonably withheld. The authorization to employ persons under eighteen (18) years of age must be clearly stated on the retail liquor license.
3.1.d.4. The age restrictions in this section apply to the minor children of the licensee.
3.1.e. A licensed retailer may purchase any equipment deemed necessary to the operation of the retail outlet and in so doing may enter into appropriate contracts and financing agreements;
3.1.e.1. The Commissioner has discretion to purchase or authorize another person to purchase, all or any portion of the liquor displayed inventory or inventory of a retail licensee. The creditor of the retail licensee or the retail licensee shall sell the inventory as directed by the Commissioner, and upon the terms determined by the Commissioner. The creditor will be paid the price of the sale of the retail outlet's displayed inventory and inventory.
3.1.e.2. The creditor is required to pay the applicable shipping and handling charge set by the Commissioner.
3.1.e.3. A creditor, when foreclosing on the assets of a licensed retailer, is required to abide by W. Va. Code §
											60-3A-29.