2009 West Virginia Code
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• §60-2-4 Repealed
• §60-2-5 Repealed
• §60-2-6 Repealed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• §60-2-8 Repealed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• §60-2-10 Repealed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• §60-3-9a Repealed
• §60-3-9b Repealed
• §60-3-9c Repealed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 declaration; 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, 2010; purchase options for bids beginning July 1, 2010; and licenses issued for each ten-year period thereafter.
• §60-3A-10c Criminal penalties for unlawful inducement.
• §60-3A-10d Financing option for retail licensees purchasing Class A retail licenses.
• §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 Distillery and mini-distillery license to manufacture and sell.
• §60-4-3b Winery and farm winery 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.
• §;60-4-10 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 prohibited.
• §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.
• §60-8-3 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.
• §60-8-6a Direct shipper's license.
• §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 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.
• §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.