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 175-02 - Private Club Licensing › Section 175-2-5 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prohibited
				acts.
5.1.1. No licensee, nor any agent,
				employee or member thereof, shall on such licensee's premises:
5.1.1.a. Sell, offer for sale, tender, or
				serve any alcoholic liquors other than by the individual drink, or
				nonintoxicating beer other than from the original package or container,
				exceptions to liquor by the drink are in the following circumstances:
5.1.1.a.1. Any private club who has: applied
				(on a form provided by the Commissioner), paid the bottle service fee, and been
				approved by the Commissioner, may sell or serve liquor by the bottle to two or
				more persons for consumption on the licensed premises only in a designated
				area, as required by the Commissioner, and any liquor bottle sold by such a
				private club shall be sold at retail for personal use, and not for resale, to a
				person for not less than 300% of the private club's cost, and no such liquor
				bottle shall be removed from the licensed premises by any person or the
				licensee and such bottle must be removed from the licensed premises by being
				disposed of in the trash and not reused by the licensee.
5.1.1.a.2. A Class A licensee licensed under
				W. Va. Code §
												60-7-1
et seq
.
				and W. Va. Code §
												60-8-1
et seq
.
				may sell or serve wine by the bottle to two or more persons for consumption on
				the licensed premises only, unless such licensee has obtained a license or
				privilege authorizing off-premises wine bottle sales when patrons purchase food
				or a meal.
5.1.1.a.3. Any private
				club who maintains a written record reflecting daily emptying, cleaning, and
				sanitizing of a frozen drink machine or other pre-mixed dispensing equipment
				may sell, furnish, tender, or serve pre-mixed alcoholic liquor consisting of
				alcoholic liquors, nonalcoholic mixer, and ice that is not in the original
				container if the pre-mixed alcohol liquor is dispensed from the frozen drink
				machine or other pre-mixed dispensing equipment:
Provided
,
				That such written records are readily available for inspection by the
				Commissioner and health inspectors and records are retained for at least 3
				years.
5.1.1.a.4. Any private club
				that has obtained a growler license is permitted to break the seal of the
				original container for the limited purpose of filling a growler or providing
				complimentary samples as provided in this section. Any unauthorized sale of
				nonintoxicating beer or nonintoxicating craft beer or any consumption not
				permitted on the licensee's licensed premises is also subject to penalties
				under W. Va. Code §
												11-16-1
et
				seq.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-02 - Private Club Licensing › Section 175-2-6 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Order refusing license, suspending, or
				revoking same. - If the Commissioner refuses to issue a license or suspends or
				revokes a license, he or she shall make and enter an order to that effect and
				mail by certified mail, return receipt requested, a copy of the order to the
				licensee, or serve it as provided for the service of legal process in
				accordance with the West Virginia Rules of Civil Procedure.
6.2. Petition for hearing. - Any applicant or
				licensee adversely affected by an order of the Commissioner shall have the
				right to a hearing before the Commissioner or a person designated by him or her
				as hearing examiner. A petition in writing requesting a hearing must be served
				upon the Commissioner within 10 calendar days following the receipt of the
				order by the applicant or licensee.
6.3. Petition requirements. - The petition
				for a hearing shall be in writing. An original and one copy of the petition
				shall be served upon the Commissioner. It shall be complete in itself so as to
				fully state the issues. No telegram, facsimile transmission, electronic mail,
				telephone call, letter, or similar communication will be regarded as a
				petition. The petition must contain the following:
6.3.1. A clear and concise assignment of each
				error that the petitioner alleges to have been committed by the Commissioner in
				the determination of a licensee's violation or denial of application for
				license, with each assignment of error being shown in separately numbered
				paragraphs.
6.3.2. A clear and
				concise statement of fact upon which the petitioner relies as sustaining its
				assignment of error.
6.3.3. A
				prayer setting forth the relief sought.
6.3.4. The signature of the petitioner or its
				officers signing such petition.
6.3.5. A verification by the
				petitioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule repeals and replaces 175 CSR 3 and is promulgated to establish procedures for the licensing and operation of farm wineries.
1.2. Authority. -- W. Va. Code §§
									60-2-16, 60-4-3b, 60-8-1 et seq., and 29A-3-1 et seq.
1.3. Filing Date. -- June 6, 2014.
1.4. Effective Date. -- July 6, 2014.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-2 - 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 shall apply in the singular and in the plural.
2.1. "Advertisement" means any audio, visual or other electronic display promoting alcoholic liquors through the medium of billboards, newspapers, magazines, or similar publications, and display materials or equipment. The term advertisement does not include:
2.1.a. Any label, affixed to a container of alcoholic liquors or any individual covering, carton or other wrapper of the container, or
2.1.b. Any editorial or other reading matter in any periodical or publication for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this rule.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-3 - Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The application for license to operate a farm winery shall include the following:
3.1.a. License application.
3.1.a.1. The name of the applicant;
3.1.a.2. The address where the applicant will conduct its operations;
3.1.a.3.
3.1.a.3.A. If the applicant is an individual or partnership, the names and addresses of all owners having ten percent (10%), or more, ownership interest;
3.1.a.3.B. If the applicant is an unincorporated association or any other business entity, the names and addresses of the members of its governing board;
3.1.a.2.C. If such applicant be a corporation, the names and addresses of its officers and directors and of all stockholders owning ten percent (10%), or more, of the common stock;
3.1.a.4. Arrest record, if any, of the applicant and of its principals, officers, directors, owners, employees and manager/steward, including disposition of all such arrests;
3.1.a.5. West Virginia consumer sales tax identification number;
3.1.a.6. West Virginia business registration certificate number;
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-4 - Operation of Farm Wineries

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application of Federal Alcohol Administration Act.
4.1.a. The Commissioner hereby finds and declares that for control of farm wineries, the adoption of the laws, rules and regulations of the United States relating to the operations of wineries will:
4.1.a.1. Simplify the licensing of farm wineries in this state;
4.1.a.2. Improve enforcement of production and sanitation standards through better use of information obtained from federal sources; and
4.1.a.3. Aid interpretation of the farm winery law through use of federal judicial and administrative determinations and precedents.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-6 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General prohibition. -- All advertising of wine which encourages intemperance, makes the consumption of alcoholic liquor appear to be glamorous, is lewd or obscene, induces minors to purchase, or tends to deceive or misrepresent, is hereby prohibited. Federal law, as interpreted by the ABCC, provides the following guidelines relative to acceptable and prohibited advertising of wine.
6.2. Permissible media. -- A farm winery in West Virginia may advertise off premises in any media including, but not limited to, billboards, newspapers, magazines and similar publications, radio and television.
6.3. Application. -- No person engaged in the business of a farm winery, directly or indirectly, or through an affiliate, shall publish or disseminate, or cause to be published or disseminated, any advertisement of the wine produced or manufactured at such farm winery, unless such advertisement is in conformity with this rule. These provisions do not apply to the publisher or standardized outdoor advertising company of any billboard, newspaper, magazine or similar publication, unless the publisher or outdoor advertising company is engaged in business of a farm winery.
6.4. Mandatory statements for advertising wine.
6.4.a. Responsible advertiser. -- The advertisement shall state the name and address of the farm winery. Street name and number may be omitted in the address.
6.4.b. Class, type and distinctive designation. -- The advertisement shall contain a conspicuous statement of the class and type, or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.
6.4.c. Alcoholic content. -- The alcoholic content shall be stated in the manner and form in which it appears on the labels of the wine advertised.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-7 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Prohibited acts. -- The Commissioner may suspend or revoke any farm license for violation of any of the applicable provisions W. Va. Code §
									60-1-1 et seq., W. Va. Code §
									60-4-3b, W. Va. Code §
									60-8-1 et seq. or of any lawful rule of the Commissioner. The Commissioner may also suspend or revoke a farm winery for the following causes:
7.1.a. Conviction of the licensee or his or her agent or employee for a felony related to business operations of the licensee;
7.1.b. Making any false material statement in an application for license;
7.1.c. Assigning, transferring or pledging a license contrary to the rules of the Commissioner;
7.1.d. Selling farm wine to a wholesale or retail dealer who is not a holder of a proper ABCC license at the time of the sale;
7.1.e. Failing to pay an excise tax together with any penalties imposed by the law relating thereto and violating any rule of the Department of Revenue in pursuance thereof.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-8 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Samples required. -- Every farm winery licensee shall, upon demand of the Commissioner, furnish, without cost to the Commissioner, samples of any wines upon its premises for purposes of analysis.
8.2. Suspension or revocation of license. -- The license of a farm winery may be suspended or revoked upon proof of violation of any of the provisions of this rule, as provided by the laws of this State.
8.3. Seizure of substandard and imitation wine. -- Imitation, substandard or misbranded wine offered for sale in violation of this rule may be seized and disposed of, as provided by the laws of this State.
8.4. Every farm winery is subject to the penalties available to the Commissioner under W. Va. Code §
									60-8-1 et seq.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-03 - Farm Wineries › Section 175-3-9 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Whenever the Commissioner refuses to issue a license, or suspends or revokes a license, he shall enter an order to that effect, and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.
9.2. Hearings.
9.2.a. Any applicant or licensee, as the case may be, adversely affected by an order refusing to issue or suspending or revoking a license has a right to a hearing before the Commissioner, upon written demand served upon the Commissioner within ten (10) days following the receipt by the applicant or licensee of the order. The service of a written demand for a hearing upon the Commissioner suspends the execution of the order with respect to which a hearing is being demanded, except when the order addresses an issue involving public health or safety and then the order is not be suspended by such service; further except that an order suspending a license because a distributor refuses or fails to keep the bond required by W. Va. Code §
										60-8-18(b) will itself not be suspended by such service. The person demanding a hearing shall give security for the cost of the hearing in the form and amount as the Commissioner may reasonably require. If the person demanding the hearing does not prevail, the Commissioner shall assess the full costs of the hearing against him or her and may be collect by an action at law or other proper remedy.
9.2.b. Upon receipt of a demand for a hearing, the Commissioner shall immediately set a date for a hearing and notify the person demanding the hearing thereof, which hearing shall be held within thirty (30) days after receipt of the demand. At the hearing, the Commissioner shall hear evidence and enter an order supported by findings of facts which will affirm, modify or vacate the order which is the subject of the hearing. The order resulting from the hearing is final unless vacated or modified upon judicial review thereof.
9.2.c. A hearing and the administrative procedure prior to, during and following the hearing shall be governed by the provisions of W.Va. Code §
										60-8-18, and in all other respects not specified W. Va. Code §
										29A-5-1
et seq.
and W.Va. Code §
										60-8-1 et seq., in circuit court.
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 175-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the procedure for the supply, distribution and retail sale of wine in the State of West Virginia by retailers, grocery stores, direct shippers, wine specialty shops, private wine bed and breakfasts, private wine restaurants and private wine spas licensed to sell West Virginia wines.
1.2. Authority. -- W. Va. Code §§
									60-2-16, 60-8-1 et seq.,60-8-23 and 29A-3-1 et seq.
1.3. Filing Date. -- June 6, 2014.
1.4. Effective Date. -- July 6, 2014.
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 175-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Definition of terms used. -- As used in this rule, unless the context clearly requires otherwise, the following terms shall have the meaning ascribed herein, and shall apply in the singular and in the plural.
2.1. "Advertisement" means any audio, visual or other electronic display promoting alcoholic liquors through the medium of billboards, newspapers, magazines, or similar publications and display materials or equipment. The term advertisement does not include:
2.1.a. Any label, affixed to a container of alcoholic liquors or any individual covering, carton or other wrapper of the container, or
2.1.b. Any editorial or other reading matter in any periodical or publication for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this rule.
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 175-4-9 - Direct Shipment of Wine

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Direct Shipper requirements. Before sending any shipment of wine to an adult resident of West Virginia for his or her personal use and consumption and not for resale, the direct shipper must meet the direct shipper licensing requirements as specified in W. Va. Code §§
									60-8-1
et seq
. The direct shipper shall provide:
9.1.a. File a license application with the Commissioner accompanied by the appropriate background check information, using forms provided by the Commissioner and available at his offices. A criminal background check will not be required of applicants licensed in its state of domicile who can provide a certificate of good standing from its state of domicile;
9.1.b. Pay to the Commissioner the license fee specified in this section;
9.1.c. Obtain a business registration number from the Tax Commissioner;
9.1.d. Register with the office of the Secretary of State, if a corporation or LLC;
9.1.e. Provide the Commissioner a true copy of its current alcoholic beverage license proving the capacity in which the direct shipper is licensed in its domicile state;
9.1.f. Satisfy all other licensing requirements of the W. Va. Code, this rule and provide any other information that the Commissioner may reasonably require; and
9.1.g. Obtain from the Commissioner a direct shipper's license.
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 175-4-10 - Farm wineries

Current through Register Vol. XLI, No. 28, July 12, 2024
A farm winery is subject to the requirements under the W. Va. Code and the rules promulgated thereto, including but not limited to this rule and 175 CSR 3. A farm winery must be licensed in every capacity that it operates, have qualified for and paid for each license and satisfy the requirements and expectations for each license held by the farm winery. A farm winery may obtain a multi-capacity winery or farm winery license to operate in several capacities for one fee. See 175 CSR 3 for more farm winery requirements.
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 175-4-11 - Wine Liter Tax and Municipal Tax on Wine Sales; Reports Required

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Distributor's purchase order.
11.1.a. All sales of wine nonfortified dessert wine, port, sherry or Madeira wines, except retail sales of wine, nonfortified dessert wine, port, sherry or Madeira wines, must be by purchase order. All forms shall include the following information for each item purchased from the supplier: Brand name, unit size, number of cases and bottles, total quantity in extended liters (the unit size multiplied by the number of bottles will give the extended liters), case price and the total cost of each item purchased. All purchase orders are shall be dated and numbered to identify the purchaser and distributor and are to be signed by the distributor or his agent or employee.
11.1.a.1. The Commissioner shall furnish with each distributor's license a copy of "Purchase Order," Alcohol Beverage Control Commissioner Form No. ABCC-WS-1-H, to use for purchase orders. This form need not be followed in exact detail or outline so long as the purchase order form used contains the information required herein; i.e., receiving documents and computer generated receipts may be used if the necessary information is provided.
11.1.a.2. The supplier or distributor shall maintain a copy of all purchase order for a period of four (4) years for use by the Commissioner for review and audit.
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 175-4-12 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General prohibition. -- All advertising of wine which encourages intemperance, makes the consumption of alcoholic liquor appear to be glamorous, is lewd or obscene, induces minors to purchase, or tends to deceive or misrepresent, is hereby prohibited. Federal law, as interpreted by the ABCC, provides the following guidelines relative to acceptable and prohibited advertising of wine.
12.2. Permissible media. -- Printed advertising of wine in West Virginia is limited to billboards, newspapers, magazines and similar publications, internet or other electronic media and radio and television.
12.3. Application. -- No person engaged in business as a producer, processor, broker, manufacturer, bottler, importer, wholesaler, direct shipper or retailer of wine, may directly or indirectly, or through an affiliate, publish or disseminate or cause to be published or disseminated in any billboard, newspaper, magazine or similar publication any advertisement of wine, unless the advertisement is in conformity with this rule. This rule does not apply to the publisher or standardized outdoor advertising company of any billboard, newspaper, magazine or similar publication, unless he, she or it is engaged in business as a producer, manufacturer, bottler, importer, wholesaler, direct shipper or retailer of wine, directly or indirectly, or through an affiliate.
12.4. Mandatory statements.
12.4.a. Responsible advertiser. -- An advertisement of wine shall state the name and address of the producer, manufacturer, bottler, importer, direct shipper or wholesaler responsible for its publication. The advertisement need not state the street name and number.
12.4.b. Class, type and distinctive designation. -- The advertisement shall contain a conspicuous statement of the class and type, or other designation of the product corresponding with the complete designation which appears on the brand label of the product.
12.4.c. Alcoholic content. -- The advertisement shall state the alcoholic content of the wine advertised in the manner and form in which it appears on the wine labels.
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 175-4-13 - Trade Practices and Conduct of Business Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Improper Inducements. -- A manufacturer may not induce, directly or indirectly, any distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club to purchase any wines from the manufacturer to the exclusion, in whole or in part, of products sold or offered for sale by another manufacturer, by:
13.1.a. Acquiring or holding any interest in any license of a distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa, private club or in any premises owned, occupied or used in any manner by the licensee or his or her immediate family;
13.1.b. Acquiring any interest in the real or personal property which is owned, occupied, or in any manner used by the distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club or his or her immediate family in the conduct of any business;
13.1.c. Furnishing, giving, renting, lending, or selling to a distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club or his or her immediate family any equipment, fixtures, exterior signs, supplies, money, services or other things of value: However, a manufacturer may furnish items of nominal value for in-store display or sales purposes and to be used only within the confines of the commercial establishment.
13.1.d. Paying or crediting a distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club or his or her immediate family for any advertising, display, or distribution services;
13.1.e. Guaranteeing any loan for the repayment of any financial obligation of a distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club or his or her immediate family; or
13.1.f. Requiring the distributor, licensed retailer or private wine restaurant to take and dispose of a certain quota of any wine.
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 175-4-16 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Order refusing license, suspending or revoking same. -- If the Commissioner refuses to issue a license or sanctions,suspends or revokes a license, he or she shall make and enter an order to that effect and mail, by certified mail, return receipt requested, a copy of the order to the licensee, or serve the same as provided for the service of legal process in accordance with the West Virginia Rules of Civil Procedure.
16.2. Petition for hearing. -- Any applicant or licensee adversely affected by such order, has the right to a hearing thereon before the Commissioner or a person designated by him or her as a hearing examiner. A petition in writing for such a hearing must be served upon the Commissioner within ten (10) days following the receipt of the order by the applicant or licensee.
16.3. Petition requirements. -- The petition for a hearing must be in writing with an original and one (1) copy and must fully state the issues. No telegram, telephone call, facsimile, letter or similar communication will be regarded as a petition. The petition must contain the following:
16.3.a. A jurisdictional statement;
16.3.b. A clear and concise assignment of each error which the petitioner alleges to have been committed by the Commissioner in the determination of a violation, with each assignment of error being shown in separately numbered paragraphs;
16.3.c. A clear and concise statement of fact upon which the petitioner relies as sustaining its assignment of error;
16.3.d. A prayer setting forth the relief sought;
16.3.e. The signature of the petitioner or its officers signing such petition; and
16.3.f. A verification by the petitioner.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule explains and clarifies certain powers and duties of the West Virginia Alcohol Beverage Control Commissioner as set forth in W. Va. Code §
									60-3A-1,
et seq
., which relate to the sale of 10-year franchises to operate retail outlets to take effect on July 1, 2000, and on July 1st for every ten year license period thereafter. Specific emphasis is given to the Commissioner's duties relative to the development of recommendations to be made to the West Virginia Retail Liquor Licensing Board relating to the establishment of minimum bids for the new licenses; the number and types of Class A retail licenses and Class B retail licenses to be authorized in each market zone; the development of purchase option licensing process, license bidding procedures and a deferred payment financing option; the award of residential preferences and the award of an additional preference for current licensees and the right to match; and the methodology for the purchase options and selecting successful bidders.
1.2. Authority. -- W. Va. Code §
									60-3A-1,
et seq
.
1.3. Filing Date. -- May 1, 2012.
1.4. Effective Date. -- May 1, 2012.
1.5. Type of rule. -- This rule is a legislative rule within the meaning of W. Va. Code §
									29A-1-2(d).
1.6. Citation. -- This rule may be cited as 175CSR5.
1.7. Short Title. -- This rule shall be known and may be cited as the "Retail Liquor License Rule."
1.8. Forms. -- All forms are available at the ABCC office or on the internet at
www.abca.wv.gov
.
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 175-5-3 - Criteria, Limitation and Necessity for Retail Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. State stores. -- In general, the Commissioner may not operate state retail outlets. However, when circumstances prescribed by law exist, the Commissioner may open and operate a state retail outlet in a market zone provided the Board gives its prior consent.
3.2. Application of Commissioner. -- When the Commissioner desires to operate a state retail outlet in a market zone, the Commissioner shall apply to the Board for consent to operate a state retail outlet in that market zone. Application shall be made by filing a petition with the chairman of the Board and forthwith mailing or otherwise delivering copies of the petition to the other members of the Board. This petition shall:
3.2.a. Identify the market zone in which the state store will be located, the Commissioner's reason(s) for opening a state store in that market zone including the facts upon which the Commissioner relies, the estimated cost of opening the state store, and the estimated period of time needed to open the store;
3.2.b. Include a map of the market zone and the immediately adjacent market zones that provide state roads, the location of the proposed state retail outlet and the locations of retail outlets in the adjacent market zones; and
3.2.c. Any other information the Commissioner desires to submit.
Upon receipt of the petition, the Chairman of the Board, who is also the Secretary, shall set a date, acquire a meeting place, and conduct a meeting on such date at the prescribed place for purposes of considering the application.
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 175-5-5 - General Powers and Duties of Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Based upon an evaluation and analysis of relevant economic and demographic factors in each county of the State, the Commissioner shall make recommendations to the Board as to how many market zones are necessary, and the Board shall create market zones in each county and provide for the issue of retail licenses in each market zone. For the ten year license period beginning on July 1, 2010, and for every ten year license period beginning July 1st thereafter, the Commissioner, as authorized by the Board, shall determine the minimum bid based upon a review of the inflation data, demographic data, sales data at each retail outlet and such other factors that are relevant for the State to generate revenues. Thereafter, the Commissioner shall develop recommendations for the Board to consider relating to:
5.1.a. For each market zone, setting the number of Class A retail licenses and Class B retail licenses to be issued, if any, within a market zone;
5.1.a.1. The number of Class A retail licenses is only limited by the total number of licenses issued by the Board for all market zones. Thus, all retail licenses made available by the Board could be Class A retail licenses and meet the freestanding liquor retail outlet requirements;
5.1.a.2. The number of Class B retail licenses in a market zone may not exceed 150% of the Class A retail licenses except as otherwise authorized in W. Va. Code §
											60-3A-7(d). During the ten year license period beginning July 1, 2010, all mixed retail liquor outlets in existence as of October 31, 2009, must choose between either a Class A retail license or a Class B retail license. The number of Class B retail licenses in a market zone may not exceed the 150% limit. In determining the 150% limit for a market zone, the Commissioner may round up to the next highest whole number if the number of Class A retail licenses is an odd number;
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 175-5-6 - Duties of Purchase Option Applicants and Applicants who are Successful Bidders for Class A Retail Licenses and Class B Retail Licenses To Open and Operate Its Authorized Stores; Limitation on Number of Retail Outlets a Person May Hold

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An applicant who meets all requirements and who becomes a purchase option applicant or a successful bidder for a Class A ten-year (10) retail license or Class B ten-year (10) retail license to become effective on July 1, 2010, and on July 1st for every ten year license period thereafter shall be required to open and operate all authorized retail stores for each license within ninety (90) days following July 1, 2010, and on July 1st for every ten year license period thereafter, or within ninety (90) days following the date upon which he or she or it is issued a Class A retail license, whichever comes last. The holder of such a license shall operate each of the authorized retail stores for a minimum period of one year.
6.1.a. Any person who acquires such a license subsequent to July 1, 2010, and subsequent to July 1st for every ten year license period thereafter, as a result of a purchase option, purchase made during a competitive, rebid process, or as a result of a license transfer or purchase approved by the Commissioner, shall be required to comply with the opening of all authorized stores on a date specified by the Commissioner and shall open and operate such stores for a minimum period of one year.
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 175-5-7 - Retail License Application Requirements; Federal Licensing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Following the purchase option licensing process and the license bidding procedure for selection of the successful bidders, the successful applicants shall file an "Application For Retail License" form with the Commissioner. In addition to answering the questions asked on the application, the applicant shall attach a copy of its corporate charter or other agreements under which the entity operates to its application, and shall add the name of the market zone and the county.
7.2. A person who purchases alcoholic liquors for resale to retail customers is required to register for and obtain a retail dealer in liquors tax stamp from the TTB. This stamp must be obtained before engaging in any business which will involve the retail sales of alcoholic liquors. As of July 1, 2009, the cost of this tax stamp is two hundred and fifty dollars ($250.00) per year.
7.2.a. Current licensees who are purchase option applicants or who are successful bidders will have an opportunity to have this stamp renewed and the TTB will notify those licensees as to when they must renew.
7.2.b. Purchase option applicants or successful bidders who are not current licensees shall be required to submit Form TTB 5630.5, Special Tax Registration And Return, to TTB, P.O. Box 371962, Pittsburgh, PA 15250-7962 and enclose a check or money order for two hundred fifty dollars ($250.00) to pay the Retail Special Occupation Tax which will result in the issue of a Retail Dealer In Liquors Tax Stamp. This stamp must be purchased and displayed in each retail store before a retail licensee can engage in the retail sale of 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 175-5-8 - Investigation of Applicants for Retail License

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Following receipt of a completed application for a retail license containing additional or supplemental information as the Commissioner may require, the Commissioner may conduct such investigation of an applicant as deemed necessary or desirable in determining whether the applicant is qualified to receive a retail license. The Commissioner may request any additional information necessary to complete a review of an applicant's application.
8.1.a. The Commissioner will conduct background investigations for the purpose of determining whether an applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a retail liquor 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 retail liquor license. The applicant will submit West Virginia Alcohol Beverage Control Administration Release of Information and Waiver of Confidentiality of Records Form for this purpose. The applicant will submit a full set of fingerprints to facilitate a criminal background check and the Commissioner 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 Alcohol Beverage Control Commission.
8.1.b. The applicant will reimburse the ABCC for all fees or charges that are incurred by the ABCC for a background investigation undertaken pursuant to subdivision 8.1.a. of this rule.
8.1.c. The applicant must verify that it is a United States citizen of good moral character and, if a naturalized citizen, when and where naturalized; and, if a corporation organized and authorized to do business under the laws of West Virginia, when and where incorporated, with the name and address of each officer; that each officer is a citizen of the United States and a person of good moral character; and if a firm, association, partnership or limited partnership, that each member is a citizen of the United States and, if a naturalized citizen, when and where naturalized, each of whom must sign the application.
8.1.d. The Commissioner, after initial examination and evaluation of the application may determine that an Initial Inspection Report is warranted and, accordingly, have one made by a staff investigator using the "Initial Inspection Report".
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 175-5-9 - Purchase Option and the Purchase Option Licensing Process for Active Retail Licensees operating a Class A retail license

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. At least 60 days prior to the bidding process for July 1, 2010, and prior to July 1st for every ten year license period thereafter:
9.1.a. All active retail licensees will receive information from the Commissioner explaining the choice between the purchase option licensing process and the license bidding procedure; and
9.1.b. All active retail licensees will receive information from the Commissioner explaining Class A retail licenses, Class B retail licenses, freestanding liquor retail outlets, mixed retail liquor outlets, the purchase option, the deferred payment financing option, eligibility, forms and other requirements.
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 175-5-10 - Deferred payment financing option

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any active retail licensee who elects the purchase option for a Class A retail license or licenses and complies with the requirements of W. Va. Code §
									60-3A-10d shall be permitted to apply for the deferred payment financing option for each such license.
10.2. The Commissioner shall require a signed letter of intent and a deferred payment financing agreement, in the form provided by the Commissioner, from any such active retail licensee electing the purchase option and the deferred payment financing option.
10.3. As part of the application for the deferred financing payment option, to be provided by the Commissioner at least 60 days prior to the license bidding procedure, the Commissioner shall require, at a minimum, the following information:
10.3.a. Certification that the applicant elects to pay the purchase option for a Class A retail license or licenses as provided in W. Va. Code §
										60-3A-10b;
10.3.b. Certification that the applicant is the current holder and operator of the active retail license issued by the Board and for which the purchase option and the deferred payment financing option is elected;
10.3.c. A description of the retail license or licenses currently held by the applicant;
10.3.d. Any information the Commissioner requires to evaluate the creditworthiness of the applicant, including without limitation the applicant's authorization to perform a criminal background check and credit check; and
10.3.e. Any additional information the Commissioner requires to effectuate the purposes of W. Va. Code §
										60-3A-10d.
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 175-5-11 - License Bidding Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The issuance of retail licenses shall be based on sealed competitive bids which have been submitted on Bid Forms which have been completed in accordance with written instructions from the Commissioner.
11.1.a. A "BID FORM" and a 2-page "INSTRUCTIONS TO COMPLETE BID FORM" will be provided by the Commissioner.
11.1.b. Bidders submitting bids on forty-five (45) or more of the authorized retail stores shall submit in the bid package a prioritized list of the stores in numerical order for which they have bid. In the event that such bidders are not successful bidders on any of their listed, prioritized stores, such stores shall be removed from the list in descending order, and may be replaced in ascending order with any retail stores listed above number forty-five (45) on their list and for which they are successful bidders.
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 175-5-12 - License Bidding Procedure and the Preference for Resident Bidders

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. In determining the highest bidder for purposes of W. Va. Code §
									60-3A-10a, and 175 CSR 5-10, the Board shall afford a five percent (5%) preference for West Virginia resident bidders. This preference shall be computed by adding five percent (5) of the bid price to the bid price submitted by the West Virginia resident bidder for a retail license. This preference shall be forfeited by any resident bidder who fails to submit the minimum bid amount specified by the Board for a particular retail license.
12.1.a. This preference shall not be added to the amount of any bid that is less than the minimum amount specified by the Board for that 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 175-5-13 - License Bidding Procedure and the Current Licensee's Preference and the Current Licensee's right to match highest bidder

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In determining the highest bidder for purposes of W. Va. Code §
									60-3A-10b, and 175 CSR 5-10, the Board shall apply a current licensee preference and a current licensee's right to match the highest bidder's bid price. Any current licensee who fails to submit the minimum bid amount specified by the Board for its active retail license or who is not operating a retail outlet for which he or she is authorized under his or her current license is not eligible for the current license preference or the right to match the highest bidder's bid price.
13.2. No current licensee preference or right to match shall reduce a bid below the minimum bid established by the Board.
13.3. Current licensee preference.
13.3.a. An unsuccessful bidder who is a current licensee and meets the Code and the rule's requirements shall have a 5% current licensee preference for a retail license it holds and operates.
13.3.b. The 5% current licensee preference for a current licensee who is an unsuccessful bidder shall be computed by subtracting 5% of the highest bid price from that bid price. For any bidder who qualifies for the West Virginia resident bidder preference and who is also a current licensee, this preference shall be an additional 5% preference.
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 175-5-14 - Criminal Penalties For Unlawful Inducement

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. It is unlawful for any person to give another person any thing of value to induce the other to refrain from bidding for a retail license. Any person doing so is guilty of a misdemeanor, and upon conviction, shall be fined not more than ten thousand dollars ($10,000), and in addition, shall be subject to a civil penalty payable to the Commissioner of not more than one million dollars ($1,000,000).
14.2. It is unlawful for any person to give another person any thing of value to induce the other to refrain from operating an outlet authorized under a retail license. Any person doing so is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars ($10,000), and, in addition, shall be subject to a civil penalty payable to the Commissioner of not more than one million dollars ($1,000,000).