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 175-4-6 - Private Wine Restaurant

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Licensure application; form. -- The application for licensure as a private wine restaurant shall be made upon forms designated "Application for Private Wine Restaurant," Alcohol Beverage Control Commissioner Form ABCC-WS-5.
6.2. Licensure application; content. -- The application shall contain and include the following:
6.2.a. The name and address of the applicant restaurant and whether the applicant is an individual, corporation, partnership, association or other business entity;
6.2.b. The name, address, date of birth and length of West Virginia residency of the manager or steward;
6.2.c. The complete description, including photographs and a diagram of every room, of the proposed private wine restaurant;
6.2.d. The name and address of the property owner, and if the property is leased, the expiration date of the lease;
6.2.e. Verification that monthly sales of food, exclusive of wine and nonintoxicating beer, exceed twenty-five hundred dollars ($2,500), and if the restaurant is not yet in operation, verification that such monthly sales will exceed twenty-five hundred dollars ($2,500);
6.2.f. Verification that the place of business conforms to health and fire laws, rules or regulations and zoning ordinances;
6.2.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;
6.2.h. Whether the premises is currently licensed as a Class A Nonintoxicating Beer Retailer;
6.2.i. If the applicant is an individual, whether the or she has attained the age of eighteen (18) years;
6.2.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;
6.2.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;
6.2.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:
6.2.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;
6.2.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
6.2.l.3. Had a 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;
6.2.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
6.2.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.