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 176-1-3 - Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General
				License Requirement: Each person seeking to manufacture, tender, sell, possess
				for sale, transport, distribute, or deliver nonintoxicating beer in the state
				of West Virginia must first be licensed in accordance with W. Va. Code §
									11-16-5. Such licenses shall be
				valid for one (1) year for the period of July 1 through June 30 of the
				following year.
3.1.a. Following receipt of a
				completed application, on a form provided by the Commissioner and as determined
				by the Commissioner, for a license containing 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 license.
3.1.b. The Commissioner will conduct
				background investigations for the purpose of determining whether an applicant
				and the applicant's manager 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 criminal investigation of an applicant and the applicant's manager who
				has applied for the issuance or renewal of a license. The applicant and the
				applicant's manager will submit West Virginia Alcohol Beverage Control
				Administration Release of Information and Waiver of Confidentiality of Records
				Form as provided by the Commissioner. The applicant and the applicant's manager
				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
				checks will be returned to the ABCA.
3.1.c. The applicant will reimburse the ABCA
				for all fees or charges that are incurred by the ABCA for a background
				investigation undertaken pursuant to subdivision 3.1.b. of this rule.
3.1.d. A person may be licensed in only one
				capacity as a brewer, distributor, or licensed retailer and there shall be no
				connection or interest, direct or indirect, between such persons, except as
				noted in section 3.7. A resident brewer may operate in a limited capacity as a
				distributor when self-distributing the product it manufactures and from its
				licensed place of manufacture.
3.1.e. 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
				application, not have been convicted of a crime involving fraud, dishonesty,
				and deceit in the previous five years before application, not have been
				convicted of a felony crime for violating alcohol-related distribution laws in
				the previous five years before application, being capable of operating a bona
				fide private club of good reputation in the community, where applicable, 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.f. Operational fee. - All brewers,
				resident brewers, Class A retail dealers, Class B retail dealers, and
				distributors shall pay, with their annual fee, an annual $100.00 non-prorated
				and nonrefundable operational fee.
3.1.g. Reactivation fee. - A licensee that
				fails to complete a renewal application and make payment of its annual license
				fee in renewing its license on or before June 30 of any subsequent year, after
				initial application, shall be charged an additional non-prorated and
				nonrefundable $150.00 reactivation fee.