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 175-4-4 - Wine Distributors

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Licensure application; form. -- The application for licensure as a wine distributor shall be made on a form designated "Application for Wine Distributor License, Alcohol Beverage Control Commissioner Form No. ABCC-WS-1," which shall be provided by the Commissioner.
4.2. Licensure application; content. -- The application for licensure as a wine distributor shall contain and include the following:
4.2.a. The name and address of applicant and whether the applicant is an individual, corporation, partnership, association or other business entity;
4.2.b. The business trade name of the applicant;
4.2.c. The exact location of the principal place of business;
4.2.d. The number and exact location of all warehouses to be operated by the applicant for the purpose of distribution of wine;
4.2.e. The date upon which the applicant began the operation of the business;
4.2.f. Whether the applicant is the owner of all business premises for which the license is issued, and if not, whether the applicant is the actual and bona fide lessee of any or all such premises, including the lessor's name and address for each business premises so leased;
4.2.g. Whether the applicant intends to carry on the business for which he or she is to be licensed personally or under his or her immediate supervision or direction, and if not, the name, age and address of the person who will manage or conduct the affairs of the distributorship;
4.2.h. Whether the premises for which the license is sought conforms to all applicable health and fire laws and regulations and to existing zoning ordinances;
4.2.i. Whether the applicant, if an individual, or whether any partner, member, officer, director or stockholder of the applicant holds or owns any interest in any licensed retailer, and if so, the extent and nature of such ownership;
4.2.j. If the applicant is an individual, a statement whether such applicant is a citizen of the United States, a bona fide resident of the State of West Virginia and the length of such residency and whether such applicant has attained the age of eighteen (18) years;
4.2.k. If the applicant is a partnership, association or other business entity, whether each member, is a citizen of the United States, a bona fide resident of the State of West Virginia and the length of such residency and whether such member has attained the age of eighteen (18) years;
4.2.l. If the applicant is a corporation, a statement whether the person who is or will be conducting or managing the business of the applicant is a citizen of the United States, resident of the State of West Virginia and whether such person has attained the age of eighteen (18) years;
4.2.m. 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:
4.2.m.1. Has been convicted of a felony or other crime involving moral turpitude within three (3) years next preceding the filing date of the application;
4.2.m.2. Has been convicted of a violation of the liquor laws of any state or the United States within two (2) years next preceding the filing date of the application; or
4.2.m.3. Had any 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;
4.2.n. Whether the applicant has entered into any exclusive franchise agreement with any manufacturer, producer, processor, distributor or supplier of wine which grants the applicant the exclusive right within the State of West Virginia or within any given territory thereof to distribute the product or products of the manufacturer, producer, processor, distributor or supplier;
4.2.o. If the applicant is a corporation, the names, addresses and corporate title of all officers, which statement shall include the name, address and age of all persons having twenty percent (20%) or more of stock or beneficial interest in the applicant;
4.2.p. Termination provision requirement. -- In addition to the application, the applicant must file with the Commissioner a copy of any written agreement between the applicant and any manufacturer, winery, farm winery or supplier for inclusion in the distributor's file at the Commissioner's office. Unless the parties have provided otherwise in the written agreement, either party may terminate the agreement upon serving written notice of termination by certified mail to the Commissioner and all parties to the agreement at least ninety days (90) prior to termination. Once appropriate notice of termination has been received, the distributor may use the termination period to deplete its affected wine inventory or to reach a written agreement with the manufacturer, winery, farm winery or supplier to return unused salable wine inventory or receive payment for unused salable wine inventory. During the termination period, the manufacturer, winery, farm winery or supplier may not appoint a new distributor to sell its products in this state. For purposes of this subsection, "salable" means inventory fit for human consumption.