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 175-2-3 - Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. License
				application. - The application for license to operate any type of private club
				shall include the following:
3.1.1. The name
				signatures, citizenship, address, and residence of the applicant and
				manager.
3.1.2. The place at which
				such applicant will conduct its operations, whether it is owned or leased by
				applicant; and if leased, from whom, giving names and addresses of all
				lessors.
3.1.3. If the applicant is
				an unincorporated association, the names and addresses of members of its
				governing board.
3.1.4. If the
				applicant is a corporation, the names and addresses of its officers and
				directors. If such person be a limited liability company, the names and
				addresses of the members and/or managers.
3.1.5. The size and nature of the dining and
				kitchen facilities operated by applicant and the specific proportions of any
				structure used in conjunction with other purposes that will constitute the type
				of private club.
3.1.6. Arrest
				record, if any, of the applicant and manager, and if the applicant is a
				corporation, limited liability company, partnership or association the arrest
				record, if any, of the officers, directors, partners, members, managers, or
				stewards including disposition of same.
3.1.6.a. The Commissioner shall conduct
				background investigations for the purpose of determining whether the applicant
				or the applicant's manager has been charged with, indicted for, or convicted of
				a crime that may have bearing upon the applicant or the applicant's manager's
				fitness to hold a private club license. For purposes of this paragraph,
				"background investigation" means a criminal investigation of an applicant and
				manager who has applied for the issuance or renewal of a private club license
				pursuant to W. Va. Code §
											60-7-1
et seq
.
				The applicant will submit West Virginia Alcohol Beverage Control Administration
				Release of Information and Waiver of Confidentiality of Records Form on the
				form provided by the Commissioner. The applicant will also submit a full set of
				fingerprints to facilitate a criminal background check and the ABCA 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
				ABCA.
3.1.6.b. The applicant will
				reimburse the ABCA for all fees or charges that are incurred by the ABCA for
				the background investigation.
3.1.7. Manager requirement. - No licenses
				shall be given to any applicant or renewed for any licensee who has not listed
				a manager on the applicant's license application, or a licensee's renewal
				application, and further that the manager shall meet all other requirements of
				licensure, including, but not limited to, United States citizenship or
				naturalization, passing a background investigation, being at least 21 years of
				age, not have been convicted of a felony in the previous five years before the
				date of application, not have been convicted of a crime involving fraud,
				dishonesty, or deceit in the previous five years before application, and not
				have been convicted of a felony crime for violating alcohol-related
				distribution laws in the previous five years, being capable of operating a bona
				fide private club of good reputation in the community, and other requirements,
				all as set forth in the code and the legislative rules, in order for the
				manager to be able to meet and conduct any regulatory matters, including, but
				not limited to: licensure or enforcement matters related to the applicant or
				licensee all in the interest of protecting public health and safety and being a
				suitable applicant or licensee. In order to maintain active licensure, any
				change by a licensee in any manager listed on a license or renewal application
				shall be made immediately to the Commissioner, to verify that the new manager
				meets licensure requirements.
3.1.8. A statement of purpose or purposes for
				which the club is organized (social, recreation, benevolent, charitable,
				fraternal or profit).
3.1.9. How
				long the club has been in existence prior to the date of the
				application.
3.1.10. What national
				organization it is affiliated with, if any, and the date of affiliation and
				nature thereof.
3.1.11. Number of
				employees.
3.1.12. Number of
				members of the applicant.
3.1.13.
				West Virginia consumers sales tax identification number.
3.1.14. West Virginia business franchise tax
				number.
3.1.15. West Virginia
				Health Department permit number to operate a restaurant.
3.1.16. Type of license applied
				for.
3.1.17. Application shall only
				be made on the form provided by the Commissioner or available on the ABCA
				website at
www.abca.wv.gov
. This form must
				be completed in its entirety and failure to complete all questions shall
				constitute grounds for refusal to grant a license.
3.1.18. Whether the applicant is the holder
				of a federal gambling stamp.
3.1.19. Whether the applicant is the holder
				of a retail liquor dealer special tax stamp.