2005 West Virginia Code - §60-3A-6. — General powers and duties of board and commissioner.

§60-3A-6. General powers and duties of board and commissioner.
(a) The board shall create, based on economic and demographic factors, market zones within the state for the issuance of Class A and Class B retail licenses, and, if deemed necessary or desirable by the board, to create one or more designated areas within such market zones for the issuance of Class B retail licenses.
(b) The commissioner shall:
(1) Prescribe application forms for persons desiring to acquire retail licenses and adopt an orderly procedure and timetable for investigating, processing and approving applications;
(2) Develop a form of retail license to be issued to each retail licensee under the provisions of this article;
(3) Disseminate to the public information relating to the issuance of retail licenses;
(4) Promulgate standards for advertising the sale, availability, price and selection of liquor;
(5) Set minimum standards for retail outlets regarding the amount and variety of alcoholic liquors which they must offer for sale at each retail outlet;
(6) Enforce the provisions of this article;
(7) Impose civil penalties upon retail licensees;
(8) Enter the retail outlet of any retail licensee at reasonable times for the purpose of inspecting the same, and determining the compliance of such retail licensee with the provisions of this article and any rules promulgated by the board or the commissioner pursuant to the provisions of this article; and
(9) Issue subpoenas and subpoenas duces tecum for the purpose of conducting hearings under the provisions of section twenty-six or section twenty-eight of this article, which subpoenas and subpoenas duces tecum shall be issued in the time, for the fees, and shall be enforced in the manner specified in section one, article five, chapter twenty-nine-a of this code with like effect as if such section was set forth in extenso herein.
(c) The board and the commissioner shall each:
(1) Engage accounting, legal and other necessary professional consultants to assist them in carrying out their respective duties under this article; and
(2) Adopt, amend, or repeal such procedural, interpretive and legislative rules, consistent with the policy and objectives of this article, as they may deem necessary or desirable for the public interest in carrying out the provisions of this article. Such rules shall be adopted, amended and repealed in accordance with the provisions of chapter twenty-nine-a of this code.

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