2005 West Virginia Code - §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-10b. Bidding procedure for licenses issued for the ten-year period beginning July 1, 2000, and licenses issued for each ten-year period thereafter.
(a) The issuance of Class A licenses and Class B licenses for the ten-year period beginning the first day of July, two thousand, and for each ten-year period thereafter, shall be based upon sealed competitive bid in accordance with the provisions of section ten of this article except as provided in this section.
(b) Prior to accepting bids for Class A licenses and Class B licenses to be issued for the ten-year period beginning the first day of July, two thousand, the board shall determine the minimum bid for each license based upon a review of the sales at each retail outlet permitted to operate under the license and such other factors as the board may determine to generate the revenues from liquor license renewal projected by the governor's official revenue estimates for fiscal year two thousand as presented to the regular session of the Legislature in the year one thousand nine hundred ninety-nine.
(c) Prior to accepting bids for Class A licenses and Class B licenses to be issued for the ten-year periods beginning the first day of July, two thousand ten, and the first day of July every ten years thereafter, the board shall determine the minimum bid for each license based upon a review of the sales at each retail outlet permitted to operate under the license and such other factors as the board may determine to generate the revenues from liquor license renewal projected by the governor's official revenue estimates for the fiscal year preceding the expiration of the retail licenses.
(d) All bids for a retail license for the ten-year period beginning the first day of July, two thousand, or for any ten-year period thereafter may be rejected by the board if the board determines that the highest bid fails to meet the minimum bid. The board may also reject any or all bids for a market zone where, in the aggregate, the bids for all of the retail licenses in the market zone fail to meet the minimum aggregate bid for that market zone. Where the board determines the highest bid meets or exceeds the minimum bid, the board shall determine whether, at the time of the bid, the same retail license was held for the period ending the thirtieth day of June, two thousand, or for any ten-year period thereafter, on the thirtieth day of June preceding the expiration of the license. If the current licensee holding the same retail license at the time of submission of the bid for the period ending the thirtieth day of June, two thousand, or for any ten-year period thereafter, on the thirtieth day of June preceding the expiration of the retail license, submitted a bid that was not less than the minimum bid and is, after considering any preference applicable under the provisions of section ten-a of this article, an unsuccessful bidder for the license for the period beginning the first day of July, two thousand, or for any ten-year period thereafter, on the first day of July when the retail license expires, the commissioner shall notify the person that upon paying the amount of the highest bid, subject to the provisions of subsection (e) of this section, and upon compliance with all other requirements imposed by the provisions of this article for the issuance of the license, the retail license for the ten-year period beginning the first day of July, two thousand, or for any ten-year period thereafter, shall be issued to the current licensee. If, within the time determined by the commissioner, the current licensee pays the amount to the commissioner and complies with all other requirements imposed by the provisions of this article for the issuance of the license, the retail license for the ten-year period beginning the first day of July, two thousand, or for any ten-year period thereafter, shall be issued to the current licensee.
(e) The board shall, in determining the amount a current licensee who is an unsuccessful bidder shall pay as described in subsection (d) of this section, afford the unsuccessful bidder a preference. If the unsuccessful bidder is a West Virginia resident as defined in section ten-a of this article, the board shall afford the unsuccessful bidder a five percent preference in addition to the five percent preference afforded under section ten-a of this article. If the unsuccessful bidder is not a West Virginia resident, the board shall afford the unsuccessful bidder a five percent preference. The preference shall be computed by subtracting the preference percentage of the highest bid price from the highest bid price: Provided, That under no circumstances may the preference bring the price of the bid below the minimum bid established by the board: Provided, however, That a current licensee who is not operating any of the retail outlets for which he or she is authorized under the license is not eligible for the preference provided for under this section.
(f) In the event all bids submitted for a license fail to meet the minimum bid amount for the license as determined by the board, the board may offer the license for bid again after it determines a new minimum bid amount for the license.