West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-6 - Unlawful Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. It shall
				be unlawful:
6.1.a. except as provided in W.
				Va. Code §
										7-1-3ss, for any licensee, his,
				her, its, or their servants, agents, or employees to sell, give, or dispense,
				or to allow any individual to drink or consume, in or on any licensed premises
				or in any rooms directly connected with the licensed premises, nonintoxicating
				beer between the hours of 2:00 a.m. and 6:00 a.m., except in private clubs
				licensed under the provisions of W. Va. Code §
										60-7-1
et seq
.,
				where the hours shall conform with the hours of sale of alcoholic
				liquors;
6.1.b. for any licensee,
				his, her, its, or their servants, agents, or employees, to sell, furnish, or
				give any nonintoxicating beer to any person visibly or noticeably intoxicated,
				or known to be mentally incompetent;
6.1.c. for any licensee, his, her, its, or
				their servants, agents, or employees, to sell, furnish, permit the consumption
				of, or give any nonintoxicating beer to any person who is less than 21 years of
				age;
6.1.d. for any licensee to
				permit in his or her premises any lewd, immoral, or improper entertainment,
				conduct, or practice;
6.1.e. for
				any licensee except the holder of a license to operate a private club issued
				under the provisions of W. Va. Code §
										60-7-1
et seq
.,
				or a holder of a license for a private wine restaurant issued under the
				provisions of W. Va. Code §
										60-8-1
et seq
.,
				to possess a federal license, tax receipt or other permit entitling,
				authorizing or allowing the licensee to sell liquor or alcoholic drinks other
				than nonintoxicating beer;
6.1.f.
				for any licensee to obstruct the view of the interior of his or her premises by
				enclosure, lattice, drapes, or any means which would prevent plain view of the
				patrons occupying the premises. The interior of all licensed premises shall be
				adequately lighted at all times: Provided, that provisions of this section
				shall not apply to the premises of a Class B licensee, and the premises of any
				type of private club or the premises of a private wine restaurant;
6.1.g. for any licensee to manufacture,
				import, sell, trade, barter, possess, or acquiesce in the sale, possession or
				consumption of any alcoholic liquors on the premises covered by the license or
				on premises directly or indirectly used in connection therewith: Provided, that
				the prohibition contained in this section with respect to the selling or
				possessing, or to the acquiescence in the sale, possession or consumption, of
				alcoholic liquors is not applicable with respect to the holder of a license to
				operate any type of private club nor is the prohibition applicable to a private
				wine restaurant insofar as the private wine restaurant is authorized to serve
				wine;
6.1.h. for any retail
				licensee to sell or dispense nonintoxicating beer purchased or acquired from
				any source other than a distributor or a resident brewer acting in a limited
				capacity as a distributor of his or her own product as specified in the code,
				except that a Class A retail dealer may, on a Saturday or Sunday, if no longer
				having any nonintoxicating beer inventory and the distributor or applicable
				resident brewer is unable to distribute to the retail account on a Saturday or
				Sunday (as documented by the Class A retail dealer), purchase nonintoxicating
				beer from only one Class B retail dealer at retail, with all taxes paid, as a
				retail sale up to 10 cases of nonintoxicating beer. The Class A retail dealer
				must retain documentation of such purchase for one year for inspection by the
				Commissioner;
6.1.h.1. Except as otherwise
				permitted by law, distributors will make no platform deliveries except to
				persons known to be licensed retail dealers, or upon a signed notarized order
				from the known retail dealers.
6.1.i. for any licensee to permit loud,
				boisterous, or disorderly conduct of any kind upon the licensed premises or to
				permit the use of loud musical instruments if they may disturb the peace and
				quietude of the community where the business is located, except a licensee may
				have speaker systems for outside broadcasting as long as the noise levels do
				not create a public nuisance or violate local noise ordinances;
6.1.j. for any person whose license has been
				revoked, to obtain employment with any licensed retailer within the period of
				one (1) year from the date of the revocation, or for any licensed retailer to
				knowingly employ that person within that time;
6.1.k. for any licensee or any agent,
				servant, or employee of any such licensee to knowingly violate any rule
				lawfully promulgated by the Commissioner;
6.1.l. for any licensee to knowingly permit
				any act to be done upon the licensed premises the commission of which
				constitutes a crime under the laws of this state;
6.1.m. for any Class B licensee to permit the
				consumption of nonintoxicating beer upon his or her licensed
				premises;
6.1.n. for any Class A
				licensee to permit any person less than 18 years of age to loiter in or upon
				any licensed premises; except, however, that the provisions of this section
				shall not apply where the person under the age of 18 years is in or upon the
				premises in the immediate company of his or her parent or parents, or is in or
				upon the premises for the purpose of actually making a lawful purchase of any
				items or commodities therein sold, or for the purchase of and actually
				receiving any lawful service therein rendered, including the consumption of any
				item of food, drink, or soft drink therein lawfully prepared and served or sold
				for consumption on such premises;
6.1.o. for any Class A licensee to allow
				faucets or taps from which beer is drawn from kegs to be identified with a knob
				showing the brand or name of the brewer of the nonintoxicating beer dispensed
				to be other than the brand or name of the nonintoxicating beer actually
				dispensed, in other words the brand of the nonintoxicating beer may not be
				misrepresented by the name of the brand listed on a knob, faucet, tap handle,
				or display or sign depicting the brand being sold, served, and dispensed
				through a knob, faucet, or tap handle (See also Section 6.3.c.);
6.1.p. for any person to manufacture, sell,
				transport, deliver, furnish, purchase, consume, or possess any nonintoxicating
				beer except as provided by the laws of this state or rules lawfully promulgated
				by the Commissioner;
6.1.q. for any
				retail licensee to permit nonintoxicating beer in an open container to be
				carried into or out of any licensed premises; provided that a brewer, resident
				brewer, brewpub, Class A retail dealer, Class B retail dealer, when licensed
				for nonintoxicating beer growler sales, may lawfully sell sealed growlers for
				personal consumption off of the licensed premises and not for resale;
				and
6.1.r. for retail licensee to
				fail to clean and sanitize at least every two weeks, and also maintains records
				of all cleaning and sanitization conducted by the licensee or third party
				authorized by a state, county, or local health department, all nonintoxicating
				beer coils, draught lines, pipes, and tubes.