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2005 West Virginia Code - CHAPTER 60. — STATE CONTROL OF ALCOHOLIC LIQUORS
- CHAPTER 60. — STATE CONTROL OF ALCOHOLIC LIQUORS.
- ARTICLE 1. — GENERAL PROVISIONS.
- §60-1-1. — Purpose of chapter; declaration of legislative findings, policy and intent.
- §60-1-2. — Applicability of chapter.
- §60-1-3. — Restrictions on sale, manufacture or consumption; exceptions.
- §60-1-4. — Sales to be made by or through West Virginia alcohol beverage control commissioner.
- §60-1-5. — Definitions.
- §60-1-5a. — Farm wineries defined.
- §60-1-5b. — Mini-distilleries defined.
- §60-1-6. — How chapter cited.
- §60-1-7. — Applicability of chapter to nonintoxicating beer.
- ARTICLE 2. — ALCOHOL BEVERAGE CONTROL COMMISSIONER.
- §60-2-1. — Office created; powers and functions generally; office of liquor control commissioner abolished and powers transferred.
- §60-2-2. — Appointment of commissioner.
- §60-2-3. — Term of office; vacancy.
- §60-2-4. — Repealed.
- §60-2-5. — Repealed.
- §60-2-6. — Repealed.
- §60-2-7. — Oath and bond.
- §60-2-8. — Repealed.
- §60-2-9. — Salary and expenses.
- §60-2-10. — Repealed.
- §60-2-11. — Powers and duties.
- §60-2-12. — Assistants and employees.
- §60-2-13. — Bonds of employees.
- §60-2-14. — Authority to grant and revoke licenses.
- §60-2-15. — Regulation of advertising.
- §60-2-16. — Rules and regulations.
- §60-2-17. — Powers and duties exercised by employees.
- §60-2-18. — Hearings and proceedings.
- §60-2-19. — Legal services.
- §60-2-20. — Civil responsibility.
- §60-2-21. — Audit.
- §60-2-22. — Authority to utilize scanner technology in sales; authority to execute contracts relating thereto.
- ARTICLE 3. — SALES BY COMMISSIONER.
- §60-3-1. — Sales at retail and wholesale.
- §60-3-2. — Establishment and discontinuance of stores and agencies; location.
- §60-3-3. — Warehouses.
- §60-3-4. — Managers and employees of stores.
- §60-3-5. — Rules and regulations to govern stores and agencies.
- §60-3-6. — Agencies to procure stocks; sales at retail.
- §60-3-7. — Compensation and bond of agent.
- §60-3-8. — Agent to make no profit from sales.
- §60-3-9. — Uniform prices; posting and distribution of price lists; continuation of price increase on alcoholic liquors.
- §60-3-9a. — Repealed.
- §60-3-9b. — Repealed.
- §60-3-9c. — Repealed.
- §60-3-9d. — Tax on purchases of intoxicating liquors outside corporate limits of municipalities.
- §60-3-10. — Records and accounts for stores and agencies; reports and audits.
- §60-3-11. — Stock or inventory control.
- §60-3-12. — Days and hours state stores and agencies may open.
- §60-3-13. — Advertising or recommendation of brands prohibited.
- §60-3-14. — Acquisition of equipment, etc.; analysis of liquors.
- §60-3-15. — Amount of operating fund and value of inventory stock allowed; contract for manufacture of state brand; ordering listed and unlisted brands.
- §60-3-16. — Sale in sealed packages; manufacturer's label.
- §60-3-17. — Regulations as to handling and depositing of moneys collected; monthly remittances; penalty.
- §60-3-18. — Operating fund continued; use; maximum amount.
- §60-3-19. — Repealed.
- §60-3-19a. — Repealed.
- §60-3-20. — Sales, mode of payment.
- §60-3-21. — Limitation on amount to be sold.
- §60-3-22. — Sales to certain persons prohibited.
- §60-3-22a. — Unlawful acts by persons.
- §60-3-23. — Conduct of purchasers upon premises of state store.
- §60-3-24. — Authority of employees to make arrests; penalty for resisting or assaulting employee; enforcement of chapter.
- §60-3-25. — Permit for farm winery to import produce in excess of established limits.
- ARTICLE 3A. — SALES BY RETAIL LIQUOR LICENSEES.
- §60-3A-1. — Short title.
- §60-3A-2. — Legislative findings and declarations; legislative purpose.
- §60-3A-2a. — Further legislative findings, declarations and purpose.
- §60-3A-3. — Sale of liquor by retail licensees permitted; cessation of retail sale of liquor by state.
- §60-3A-4. — Definitions.
- §60-3A-5. — Creation of retail liquor licensing board; members, terms, meetings and officers; general provisions.
- §60-3A-6. — General powers and duties of board and commissioner.
- §60-3A-7. — Market zones; Class A and Class B retail licenses.
- §60-3A-8. — Retail license application requirements; retail licensee qualifications.
- §60-3A-9. — Investigation of applicants for retail license; notification to applicants approving or denying application; general provisions relating to licensing.
- §60-3A-10. — Bidding procedure.
- §60-3A-10a. — Preference for resident bidders.
- §60-3A-10b. — Bidding procedure for licenses issued for the ten-year period beginning July 1, 2000, and licenses issued for each ten-year period thereafter.
- §60-3A-10c. — Criminal penalties for unlawful inducement.
- §60-3A-11. — Bonding requirements.
- §60-3A-12. — Annual retail license fee; expiration and renewal of retail licenses.
- §60-3A-13. — Annual reports.
- §60-3A-14. — Sale, assignment or transfer of retail license.
- §60-3A-15. — Surrender of retail license.
- §60-3A-16. — Restriction on location of retail outlets.
- §60-3A-17. — Wholesale prices set by commissioner; retail licensees to purchase liquor from state; transportation and storage; method of payment.
- §60-3A-18. — Days and hours retail licensees may sell liquor.
- §60-3A-19. — Limitation on amount to be sold.
- §60-3A-20. — Nonapplication of article to retail sales of nonintoxicating beer.
- §60-3A-21. — Tax on purchases of liquor.
- §60-3A-22. — Requirement for posting informational sign.
- §60-3A-23. — Records required of retail licensees; inspection of records.
- §60-3A-24. — Unlawful acts by persons.
- §60-3A-25. — Certain acts of retail licensees prohibited; criminal penalties.
- §60-3A-25a. — Mandatory verification of age of persons purchasing alcohol.
- §60-3A-26. — Civil penalties.
- §60-3A-27. — Suspension or revocation of retail license.
- §60-3A-27a. — Revocation of license or reduction of authority to operate retail outlet for failure to operate retail outlet.
- §60-3A-28. — Notice of and hearing on revocation.
- §60-3A-29. — Disposition of inventory upon revocation or surrender of retail license.
- §60-3A-30. — Repealed.
- §60-3A-31. — Rules of construction; severability.
- ARTICLE 4. — LICENSES.
- §60-4-1. — Grant and revocation of licenses; issuance or renewal for calendar year.
- §60-4-2. — Licenses for manufacture.
- §60-4-3. — To whom licensed manufacturer may sell.
- §60-4-3a. — Special mini-distillery license to manufacture and sell.
- §60-4-4. — Purchase and resale of alcoholic liquors and ethyl alcohol by wholesale druggists.
- §60-4-5. — Licenses for purchase at wholesale for industrial or scientific uses; wine for sacramental purposes.
- §60-4-6. — Purchase and resale of alcoholic liquors and ethyl alcohol by retail druggists.
- §60-4-7. — Stills used for laboratory or pharmaceutical purposes.
- §60-4-7a. — Individuals authorized to manufacture ethyl alcohol for use in the production of gasohol for personal use.
- §60-4-8. — Stills used by commercial chemists for laboratory purposes.
- §60-4-9. — Separate license for each place of business; change §60-4-10 of location.
- §60-4-10. — Notice of application for license.
- §60-4-11. — Time to file application and pay fee.
- §60-4-12. — License granted or refused within fifteen days; refund of fee.
- §60-4-13. — When license to be refused.
- §60-4-14. — Annual payment of license fee; effect of failure to pay.
- §60-4-15. — Amount of license fees.
- §60-4-16. — Records and monthly reports required of licensee.
- §60-4-17. — Rules, regulations and reports necessary for effective administration.
- §60-4-18. — Taxation, etc., of licensees by municipal corporations.
- §60-4-19. — When license revoked.
- §60-4-20. — Notice of and hearing on revocation; disposition of stock.
- §60-4-21. — Appeal.
- §60-4-22. — Wholesale representatives' licenses.
- §60-4-23. — License to operate a facility where exotic entertainment is offered; definitions; restrictions, regulations and prohibitions; prohibitions against minors; application, renewal, license fee, restrictions on transfer; effective date; legislative rules; unlawful acts and penalties imposed.
- ARTICLE 5. — LOCAL OPTION ELECTIONS.
- §60-5-1. — Election in county, magisterial district or municipality.
- §60-5-2. — Election called on petition of five percent of qualified voters.
- §60-5-3. — Form of petition.
- §60-5-4. — Notice of election; when held; election officers.
- §60-5-5. — Form of ballot.
- §60-5-6. — How election conducted and results certified.
- §60-5-7. — Discontinuance of state stores and agencies in local option territory.
- §60-5-8. — When another election may be held.
- ARTICLE 6. — MISCELLANEOUS PROVISIONS.
- §60-6-1. — When lawful to possess, use or serve alcoholic liquors.
- §60-6-2. — When lawful to manufacture and sell wine and cider.
- §60-6-3. — Applicability of chapter to certain uses of ethyl alcohol.
- §60-6-4. — Permitted use by druggists.
- §60-6-5. — Applicability of chapter to certain uses by physicians, druggists and others.
- §60-6-6. — Transporting alcoholic liquor in excess of ten gallons.
- §60-6-7. — Specific acts forbidden; indictment.
- §60-6-8. — Unlawful sale or possession by licensee.
- §60-6-9. — Intoxication or drinking in public places; illegal possession of alcoholic liquor; arrests by sheriffs or their deputies for violation in their presence; penalties.
- §60-6-10. — Unlawful operation of plant manufacturing distilled spirits.
- §60-6-11. — Unlawful manufacture, etc., while armed.
- §60-6-12. — Transportation of alcoholic liquors into or through state; permits; bond of permittee.
- §60-6-13. — Restrictions on importing into, and transporting liquors in state.
- §60-6-14. — Repealed.
- §60-6-15. — Penalties for violations not otherwise specified.
- §60-6-16. — Places deemed common and public nuisances; abatement; conspiracy.
- §60-6-17. — Suit to abate nuisances; injunction.
- §60-6-18. — Search warrants.
- §60-6-19. — Forfeiture of stills, etc.
- §60-6-20. — Contraband conveyances; forfeiture and disposition.
- §60-6-21. — Court procedure as to contraband and forfeited articles.
- §60-6-22. — Action to recover price of liquors sold unlawfully.
- §60-6-23. — Treatment of minors for addiction to alcoholic liquor and beer.
- §60-6-24. — Requirement for posting informational sign.
- §60-6-25. — Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy.
- ARTICLE 7. — LICENSES TO PRIVATE CLUBS.
- §60-7-1. — Legislative findings and purposes.
- §60-7-2. — Definitions; power to lease building for establishment of private club.
- §60-7-3. — Sale of alcoholic liquors and nonintoxicating beer by licensee authorized.
- §60-7-4. — Application for license; information required; verification; application to be accompanied by fees; bond; college fraternities and sororities ineligible for license; racial discrimination by applicants.
- §60-7-4a. — Notice of application for license to be given to municipal clerk or recorder; duties of clerk or recorder; consistency with zoning and community development programs; authority of commissioner.
- §60-7-5. — Investigation by commissioner; issuance or refusal of license; special requirements for clubs at parks and airports; form of license; license valid at one location only; expiration and renewal; transferability.
- §60-7-6. — Annual license fee; partial fee.
- §60-7-7. — Municipal fee.
- §60-7-8. — Application for permit to hold special nonalcoholic entertainment events for persons under age twenty-one.
- §60-7-9. — Repealed.
- §60-7-10. — Duties and powers of commissioner.
- §60-7-11. — Licensee must purchase alcoholic liquors from or through commissioner or retail licensee; exceptions.
- §60-7-12. — Certain acts of licensee prohibited; criminal penalties.
- §60-7-12a. — Unlawful acts by persons.
- §60-7-13. — Revocation or suspension of license; monetary penalty; hearing; assessment of costs; establishment of enforcement fund.
- §60-7-13a. — Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs.
- §60-7-14. — Forfeiture of bond; collection.
- §60-7-15. — License for the sale of nonintoxicating beer.
- §60-7-16. — Severability.
- §60-7-17. — Repealer.
- ARTICLE 8. — SALE OF WINES.
- §60-8-1. — Construction and application of article.
- §60-8-2. — Definitions.
- §60-8-3. — Licenses; fees; general restrictions.
- §60-8-4. — Liter tax.
- §60-8-5. — Refund or credit of taxes.
- §60-8-6. — License or registration required for sale or shipment of wine; shipment of limited quantities of wine to adult residents permitted.
- §60-8-7. — Records; inspection.
- §60-8-8. — Repealed.
- §60-8-9. — Repealed.
- §60-8-10. — Repealed.
- §60-8-11. — Repealed.
- §60-8-12. — Repealed.
- §60-8-13. — Repealed.
- §60-8-14. — Repealed.
- §60-8-15. — Repealed.
- §60-8-16. — Application for license.
- §60-8-17. — License issuance or refusal; terms of license.
- §60-8-18. — Revocation, suspension and other sanctions which may be imposed by the commissioner upon the licensee; procedure upon refusal, revocation, suspension or other sanction.
- §60-8-19. — To whom licensed resident manufacturer may sell.
- §60-8-20. — Unlawful acts generally.
- §60-8-20a. — Unlawful acts by persons.
- §60-8-21. — Sale in sealed, labeled packages required.
- §60-8-22. — Sales on credit prohibited; exception.
- §60-8-23. — Duties and powers of commissioner; rules and regulations.
- §60-8-24. — Disposition of revenue.
- §60-8-25. — Criminal penalties; public nuisances.
- §60-8-26. — Forfeiture of bond.
- §60-8-27. — Local option elections.
- §60-8-29. — Bond required of distributors and suppliers.
- §60-8-30. — Exclusive franchise agreements prohibited.
- §60-8-31. — Other unlawful acts.
- §60-8-33. — Certain prohibitions not applicable.
- §60-8-34. — When retail sales prohibited.
- §60-8-35. — Other unlawful acts.
- ARTICLE 9. — CIGARETTES PRODUCED FOR EXPORT; IMPORTED CIGARETTES.
- §60-9-1. — Definitions.
- §60-9-2. — Cigarettes produced for export -- prohibitions.
- §60-9-3. — Imported cigarettes -- requirements.
- §60-9-4. — Criminal penalties.
- §60-9-5. — Administrative sanctions.
- §60-9-6. — Unfair trade practices.
- §60-9-7. — Unfair cigarette sales.
- §60-9-8. — General enforcement provisions.
- §60-9-9. — Applicability.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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