2005 West Virginia Code - §60-4-3a. — Special mini-distillery license to manufacture and sell.

§60-4-3a. Special mini-distillery license to manufacture and sell.
(a) Sales of liquor- An operator of a mini-distillery may offer liquor for retail sale to customers from the mini-distillery for consumption off premises only. Except for free complimentary samples offered pursuant to section one, article six of this chapter, customers are prohibited from consuming any liquor on the premises of the mini-distillery.
(b) Retail sales- Every licensed mini-distillery shall comply with the provisions of sections nine, eleven, thirteen, sixteen, seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-four, twenty-five and twenty-six of article three-a of this chapter, and the provisions of article three and four of this chapter applicable to liquor retailers and distillers.
(c) Payment of taxes and fees- The mini-distillery shall pay all taxes and fees required of licensed retailers and meet applicable licensing provisions as required by this chapter and by rule of the Commissioner.
(d) Payments to market zone retailers- Each mini-distillery shall submit to the Commissioner ten percent of the gross sales price or each retail liquor sale for the value of all sales at the mini-distillery each month. This collection shall be distributed by the Commissioner, at least quarterly, to each market zone retailer located in the mini-distillery's market zone, proportionate to each market zone retailer's annual gross prior years pre-tax value sales.
(e) Limitations on licensees - No mini-distillery may sell more than three thousand gallons of product at the mini-distillery location the initial two years of licensure. The mini-distillery may increase sales at the mini-distillery location by two thousand gallons following the initial twenty-four month period of licensure, and may increase sales at the mini-distillery location each subsequent twenty-four month period by two thousand gallons, not to exceed ten thousand gallons a year of total sales at the mini-distillery location. No licensed mini-distillery may produce more than twenty thousand gallons per calendar year at the mini-distillery location. No more than one mini-distillery license may be issued to a single person or entity.