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 175-4-7 - Private Wine Bed and Breakfast

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Licensure application; form. -- The application for licensure as a private wine bed and breakfast shall be upon forms designated "Application for Private Wine Bed and Breakfast," See Commissioner's Forms on file at his offices.
7.2. Licensure application; content. -- The application shall include the following:
7.2.a. The name and address of the applicant restaurant and whether the applicant is an individual, corporation, partnership, association or other business entity;
7.2.b. The name, address, date of birth and length of West Virginia residency of the manager or steward;
7.2.c. The complete description, including photographs and a diagram of every room, of the proposed private wine bed and breakfast;
7.2.d. The name and address of the property owner, and if the property is leased, the expiration date of the lease;
7.2.e. Verification that the applicant's sole purpose is to provide, in a residential or country setting, a hotel, motel, inn or other such establishment properly zoned as to its municipality or local ordinances, that further provides lodging and meals to its customers in the course of their stay at the establishment, and further that the applicant is capable of providing and serving food or meals as defined in this subsection;
7.2.f. Verification that the place of business conforms to health and fire laws, rules or regulations and zoning ordinances;
7.2.g. Whether the premises is located within municipal boundaries, within one (1) mile of municipal boundaries, or within one (1) mile of the boundaries of two (2) or more municipalities and if so, the names of the municipalities;
7.2.h. Whether the applicant currently holds any other licenses for the premises, copies of which are to be submitted with the application;
7.2.i. If the applicant is an individual, whether he or she has attained the age of eighteen (18) years;
7.2.j. If the applicant is a partnership, association or other business entity, as to each member, whether such member has attained the age of eighteen (18) years;
7.2.k. If the applicant is a corporation, whether the person or persons who are or will be conducting or managing the business of the corporation have attained the age of eighteen (18) years;
7.2.l. 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 has:
7.2.l.1. Been convicted of a felony or other crime involving moral turpitude within three (3) years next preceding the filing date of the application;
7.2.l.2. 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
7.2.l.3. 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;
7.2.m. If the applicant is a firm, partnership or association, the names, addresses, residence and length thereof and percentage of ownership of all persons having an ownership interest of twenty percent (20%) or more in the applicant; and
7.2.n. If the applicant is a corporation, the names, addresses and corporate title of all officers, and the name, address and age of each person having twenty percent (20%) or more of the stock or beneficial interest in the applicant.