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 175-4-14 - Unlawful Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. It shall be unlawful:
14.1.a. Unless otherwise specifically provided by the provisions W.Va. Code §
										60-8-1 et seq., for a licensee under W.Va. Code §
										60-8-1 et seq., to acquire, transport, possess for sale or sell wine other than in the original package;
14.1.b. For a licensee, his or her servants, agents or employees to sell, furnish or give wine to any person less than twenty-one years of age, or to a mental incompetent or person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs: Provided, That the provisions of W.Va. Code §
										60-3A-25a shall apply to sales of wine;
14.1.d. For a licensee to permit a person who is less than eighteen years of age to sell, furnish or give wine to any person. Further nothing shall prevent or be considered to prohibit any licensee from employing any person who is at least eighteen years of age to serve in any licensee's lawful employment. With the prior approval of the commissioner, a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores, may employ persons who are less than eighteen years of age but at least sixteen years of age: Provided, That the person's duties may not include the sale or delivery of nonintoxicating beer or alcoholic liquors: Provided, however, That the authorization to employ persons under the age of eighteen years shall be clearly indicated on the licensee's license.;
14.1.e. for a retailer, farm winery (except as provided in W. Va. Code 60-8-34 and 175 CSR 3), wine specialty shop retailer, private wine bed and breakfast, private wine restaurant or private wine spa licensee, his or her servants, agents or employees to sell wine between the hours of two o'clock a.m. and one o'clock p.m. on Sundays, or between the hours of two o'clock a.m. and seven o'clock a.m. on weekdays and Saturdays.
14.1.f. for a retailer to sell un-sealed packages per W.Va. Code §
										60-8-21;
14.1.g. for a retailer to sell or deliver wine purchased or acquired from any source other than a licensed distributor or a farm winery;
14.1.h. for a retailer to permit any person to break the seal on any package or bottle of wine, consume alcoholic liquor, wine or beer, or loiter while on the retailer's licensed premises.
14.1.i. for any licensee to fail to meet the requirement for initial or renewal of licensure as specified in W. Va. Code §
										60-8-1 et seq. and in this rule;
14.1.j. for any winery, farm winery, supplier or distributor to fail to license its representatives;
14.1.k. for any license to sell wine through a drive through (including, but not limited to a window, pass through or garage) on its licensed premises or in any manner not approved by the Commissioner;
14.1.l. for a direct shipper to fail to meet any requirements specified in W. Va. Code §
										60-8-6, W. Va. Code §
										60-8-6a and this rule;
14.1.m. for a direct shipper to ship liquor or nonintoxicating beer; or
14.1.n. for a person or licensee to violate any reasonable rule of the commissioner;