West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-04 - Sale of Wine › Section 175-4-5 - Licensed Retailers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Licensure application; form. -- The application for licensure as a licensed retailer shall be made a form designated "Application for Retail Wine License," Alcohol Beverage Control Commissioner Form ABCC-WS-2.
5.2. Licensure application; content. -- The application for licensure as a licensed retailer shall contain and include the following:
5.2.a. The name and address of the applicant and shall state whether the applicant is an individual, corporation, partnership, association or other business entity;
5.2.b. The business trade name of the applicant;
5.2.c. The exact location of the business establishment;
5.2.d. Whether the application is for the sale of wine in a bona fide grocery store, a separate and segregated portion of any other retail store dedicated solely to the sale of food, or a wine specialty shop;
5.2.e. The date upon which the applicant began the operation of the business;
5.2.f. Whether the applicant is the owner of the business premises for which the license is sought, and if not, whether the applicant is the actual and bona fide lessee of such premises including the lessor's name and address;
5.2.g. Whether the applicant intends to carry on the business for which he or she is to be licensed for personally or under his or her immediate supervision or direction, and if not, the name, age and address of the person who will manage or conduct the affairs of the retail business;
5.2.h. Whether the place of business for which the license is sought conforms to all applicable health and fire laws, rule or regulations and existing zoning ordinances;
5.2.i. Whether the applicant, if an individual, or whether any partner, member, officer, director or stockholder of the applicant holds or owns any interest in any licensed wine distributor, and if so, the extent and nature of such ownership;
5.2.j. If the applicant is an individual, whether the applicant is a citizen of the United States, and a bona fide resident of the State of West Virginia and the length of such residence and whether the applicant has attained the age of eighteen (18) years;
5.2.k. If the applicant is a partnership, association or other business entity, whether each member, is a citizen of the United States, a bona fide resident of the State of West Virginia and length of such residence and whether such member has attained the age of eighteen (18) years;
5.2.l. If the applicant is a corporation, whether the person who is or will be conducting or managing the business of such applicant is a citizen of the United States, resident of the State of West Virginia and whether the person has attained the age of eighteen (18) years;
5.2.m. Whether the applicant or any partner, member, manager, officer, director or person owning twenty percent (20%) or more of the stock or beneficial interest in the applicant:
5.2.m.1. Has been convicted of a felony or other crime involving moral turpitude within three (3) years next preceding the filing date of the application;
5.2.m.2. Has been convicted of a violation of the liquor laws of any state or of the United States within two (2) years next preceding the filing date of the application; or
5.2.m.3. Has had any license revoked under the liquor laws of any state or of the United States within five (5) years next preceding the filing date of the application;
5.2.n. If the applicant is a corporation, the name, address and corporate title of each officer, and the name, address and age of any persons owning twenty percent (20%) or more of the stock or beneficial interest in the applicant;
5.2.o. Whether the business premises of the applicant are located within an incorporated municipality or within one (1) mile of the corporate limits of one (1) or more incorporated municipalities, and, if so, the name of each municipality;
5.2.p. Whether the applicant is licensed either as a private club under the provisions of W. Va. Code §
										60-7-1
et seq
., or as either a Class A nonintoxicating beer retailer or a Class B nonintoxicating beer retailer under the provisions of W. Va. Code §
										11-16-1
et seq
.;
5.2.q. If the application is for a bona fide grocery store or for any other type of retail store with a separate and segregated portion of the store devoted to the sale of food, food products and supplies for the table, the application shall indicate whether the average monthly sales of grocery items, exclusive of wines, exceed three thousand dollars ($3,000) and whether the average monthly inventory, exclusive of wines, exceeds three thousand dollars ($3,000);
5.2.r. Background checks. The Commissioner shall conduct background investigations for the purpose of determining whether an applicant for a licensed retailer's license has been charged with, indicted for or convicted of a crime that may have bearing upon the applicant's fitness to hold a license. For purposes of this paragraph, "background investigation" means a security, criminal and credit investigation of an applicant who has applied for the issuance or renewal of a private club license pursuant Article 7, Chapter 60 of the W. Va. Code. The applicant will complete and submit West Virginia Alcohol Beverage Control Administration Release of Information and Waiver of Confidentiality of Records Form ABCA-Lic.RIWCR.2 to the Commissioner. Applicant will complete and submit a full set of fingerprints to facilitate a criminal background check and the ABCC will request the state police to submit the fingerprints and identifying information to the Federal Bureau of Investigation for a national criminal history record check. The results of the fingerprint check will be returned to the West Virginia Lottery Commission and the ABCC. The applicant will reimburse the ABCC for all fees or charges that are incurred as a result of the investigation; and
5.2.s. Such other information as the Commissioner may require.