West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-10 - Distilleries, Mini-Distillries And Micro-Distillries › Section 175-10-13 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A
				distillery or mini-distillery located in the state of West Virginia may sell
				and ship alcoholic liquors for wholesale sales, which are for re-sale, outside
				the state of West Virginia, subject to other states' or jurisdictions'
				requirements. A micro-distillery is not authorized to sell and ship alcoholic
				liquors for wholesale sales, which are for re-sale, outside the state of West
				Virginia. A distillery, mini-distillery, or micro-distillery may not ship
				alcoholic liquors via U. S. mail or another mail or package service.
13.2. Transportation permits. - Any person,
				including any common carrier hired by a manufacturer, distillery,
				mini-distillery, or micro-distillery who transports, for hire, any alcoholic
				liquors to be sold commercially in quantities in excess of one gallon within,
				into, or through the State of West Virginia, shall first give a surety bond,
				approved by the Attorney General as to form and execution, and by the
				Commissioner as to sufficiency, payable to the State of West Virginia in the
				penalty of $1,000.00 on condition that the person will exercise the privileges
				granted by the permit in conformity with the provisions of the Liquor Control
				Act and the rules of the Commissioner. A bonded person who defaults on
				condition of the surety forfeits to the state school fund the sum of $100.00
				for each breach, recoverable by the ABCA upon motion with 10 days' notice in
				any court having jurisdiction of the parties. Each person transporting
				alcoholic liquors, in addition to the bond aforesaid, shall pay the
				Commissioner an annual fee of $10.00 for the first permit and $1.00 for each
				duplicate permit issued. In the case of motor carriers for hire, a permit
				issued by the Commissioner under seal showing that the required bond has been
				given and the fee paid shall accompany the alcoholic liquors at all times
				during transportation. In the case of air carriers and rail carriers for hire,
				a permit issued by the Commissioner under seal showing that the required bond
				has been given and the fee paid shall be filed in the principal office of such
				carrier in this state. Any person holding a transportation permit who
				transports any alcoholic liquors in violation of this rule and the West
				Virginia Code is subject to all penalties available in the code for each
				violation. Further, any person holding a transportation permit who transports
				product for an unlicensed distillery, mini-distillery, or micro-distillery and
				who fails to verify that the distillery, mini-distillery, or micro-distillery
				is licensed in West Virginia prior to shipment is subject to all penalties
				available in the West Virginia Code for each violation.
13.3. Any distillery, mini-distillery, or
				micro-distillery who has a licensed representative/broker who is licensed under
				W. Va. Code §
									60-4-22 may, by virtue of his or her license, transport
				within West Virginia any sample bottles of alcoholic liquors labeled as
				"SAMPLE" for the brands represented by the licensed representative/broker that
				are deemed to be transported in connection with the purpose for which such
				license was granted without a transportation permit issued by the Commissioner.
13.4. A licensed distillery,
				mini-distillery, or micro-distillery may deliver or, upon picking up alcoholic
				liquors at the ABCA warehouse, may transport them to the distillery,
				mini-distillery, or micro-distillery in order to use the alcoholic liquors for
				either on-premises free complimentary samples or for off-premises retail sales
				for personal consumption and not for resale. The receipt provided by the ABCA
				warehouse is the written approval provided by the ABCA.
13.5. All permits provided for in this rule
				shall be issued for the period of the calendar year, and the fee therefor shall
				not be prorated.
13.6. A person
				may transport in this state up to 10 gallons of alcoholic liquors not for
				resale. Any amount of alcohol to be transported that is in excess of 10 gallons
				requires prior written authorization of the Commissioner.