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West VirginiaHB 20542025 Regular SessionHouse

Relating to liability of vendors in private farmers markets

Sponsored By: Wayne Clark (Republican)

Signed by Governor

§60-4-3a§60-7-2§60-7-3§60-7-8c§60-7-8d§60-7-8e§60-7-8g§60-8-2§60-8-32a

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 1 benefits, 1 costs, 11 mixed.

Festival Vendors Gain Licenses With Fees

The Class S3 license lets vendors sell liquor, wine, beer, and craft beer for drinking at approved fairs and festivals. At least two unrelated vendors must jointly apply 15 days ahead and certify that at least 100 members will attend. Events need local and state approval, can last up to 15 consecutive days, and cost $500 each, without refunds or proration. Vendors can split the fee but must provide fresh food, restrooms, security, a bounded floorplan, approved age checks, and trained servers. Beer must come from the area distributor or an authorized resident brewer; wine needs an authorized source, and liquor a same-zone or neighboring-zone retailer. Vendors remain responsible under the license, but no longer need to sign a separate joint-and-several liability agreement.

Private Clubs Can Lease Public Spaces

The Division of Natural Resources and eligible public park or airport operators can lease limited premises for private clubs. Leases can cover a building, part of a building, or another limited space in a park or airport. The renter must be a corporation or unincorporated association establishing a private club. Public operators are allowed, but not required, to offer these leases.

Wine Distributors Face Location And Liability Rules

Wine distributors must have their main business location and a distribution warehouse in West Virginia. The law defines their distribution role and specifies wines they can supply to listed shops, restaurants, clubs, and retailers. A trust holding or owning a distributor license is liable for related wine-law violations by the trust or its beneficiaries. Trustees and others actively controlling the trust's distributor-license activities are also liable.

Alcohol Sellers Gain Outdoor Area Permits

Eligible alcohol license holders can get Class S4 permits to serve liquor, wine, beer, and craft beer in designated outdoor areas. The annual fee is $100; Class S1, S2, and S3 holders pay only their existing applicable fees. The city must establish the area by ordinance and approve the operation; sellers must apply before opening. Applications need the certified ordinance, operating schedule, and plans for restrooms, security, boundaries, approved non-glass containers, and age checks. Cities enforce criminal violations and report them to the state alcohol commissioner, who enforces alcohol-law violations against permits and licenses.

Clubs And Wine Sellers Expand Outdoors

Private clubs can serve liquor, and Class A wine licensees can serve wine, in state-approved outdoor dining areas. Areas must have clear boundaries, and street dining also needs city or county approval and a revised floorplan. Separate areas must be within 300 feet, controlled by the licensee, and have legal access in and out. Wine dining areas must be open-air without heating or air conditioning; approved seasonal enclosures can have up to three walls.

Clubs Can Sell Sealed Cocktail Growlers

Qualifying private club restaurants and manufacturer clubs can sell sealed cocktail growlers for personal use off-site. Sellers pay $100 annually, without refunds or proration, and follow tax, retail markup, advertising, sanitation, sealing, labeling, and inspection rules. Growlers hold up to 128 fluid ounces, with no more than 1 ounce of liquor per 4 ounces of mixer. Pickup and dine-in purchases require food or a meal; sales are limited to one growler per patron or food-or-meal order. Sellers must check identification in person: buyers must be 21 or older and not visibly intoxicated. A securely sealed growler is not an open container; a broken seal makes it one unless stored physically apart from vehicle passengers.

Event Centers Gain Limited Alcohol Licenses

Enclosed coliseums and event centers can qualify for private club licenses for concerts, sports, expos, and reserved events. They need at least 5,000 members, 80,000 square feet of event space, and two connected fenced or bounded acres. A full kitchen with ovens, fresh food service, floorplans, ownership details, and approved age checks are required. Other private club rules apply, and sales of liquor, beer, and wine are banned during events focused on patrons under 21.

Licensed Venues Can Offer Self-Pour Drinks

Eligible on-site alcohol sellers can use automated self-pour systems for beer, hard cider, and wine. Staff must activate a payment card and record age verification. Customers must be at least 21 with government identification matching the card name; legally authorized serving employees also qualify. Each activation allows up to 32 ounces of beer, 32 ounces of hard cider, or 10 ounces of wine. Further dispensing requires card reactivation.

Market Vendors Get Shared Alcohol Licenses

Farmers market and food court associations can get private club licenses with at least 100 members. Markets need two unrelated vendors and more than one connected, fenced or bounded acre; food courts need one unrelated business. Both need a member restaurant with a full kitchen and fresh food service at least 15 hours weekly. Food, restroom, security, floorplan, ownership or lease disclosure, approved age checks, and other private club rules apply. Member businesses must accept written responsibility for covered beverage activity throughout the premises. Applicants with two or more unrelated vendors no longer need separate shared-liability certifications or agreements; this does not change underlying liability.

Reserved Event Venues Gain Club Licenses

Venues and barns used only for reserved events can qualify for private club licenses without daily or regular hours. They need at least 25 members and at least two acres in a remote location approved by the commissioner. Freshly prepared food must come from a full kitchen or caterer, with catering documents submitted before event approval. Operators must provide floorplans and ownership details, use approved age checks, and meet other private club rules.

Sports Venues Gain Alcohol Club Licenses

Qualifying professional sports stadiums and open-air multi-sport complexes can operate under private club licenses. Stadiums need a restaurant, full kitchen, and at least three connected acres of fenced or bounded property. Multi-sport complexes need at least 100 members, 50 connected fenced or bounded acres, a full kitchen, and fresh food inventory. Both must document their premises and owners, use approved age checks, and meet other private club rules. Complexes can sell covered drinks from golf carts or food trucks on-site only when the licensee owns or leases and operates them.

Wine Sellers Gain More Sales Options

West Virginia farm wineries with Class A licenses can sell and serve wine by the glass or bottle. Class A on-site wine sellers can also offer sealed wine to go with food or a meal. Food can be prepackaged without kitchen preparation; wine must be in its original container or a sealed wine growler. This covers in-person and vehicle pickup, plus takeout wine ordered after dining. Buyers must be at least 21 and not visibly intoxicated.

Nonprofits Gain Paid Outdoor Event Permits

Qualifying West Virginia nonprofit corporations can get Class S4N permits for alcohol events held solely in city-approved outdoor designated areas. The nonrefundable annual fee is $1,500 and covers multiple approved events; first-year fees can be prorated through June 30. Applicants must verify nonprofit status, provide the certified city ordinance, apply before operating, and remain legally compliant and in good standing. They must list event dates and hours; dates initially left undecided require notice to the commissioner at least 60 days ahead.

Sponsors & Cosponsors

Sponsor

  • Wayne Clark

    Republican • House

Cosponsors

  • Ian T. Masters

    Republican • House

  • Jordan Maynor

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 361 • No: 201

House vote • 4/12/2025

Effective date rejected (Roll No. 641)

Yes: 65 • No: 33

House vote • 4/12/2025

Motion to change effective date to July 1, 2025 tabled (Roll No. 640)

Yes: 62 • No: 36

House vote • 4/12/2025

House concurred in Senate amendment and passed bill (Roll No. 634)

Yes: 71 • No: 27

Senate vote • 4/11/2025

Effective from passage (Roll No. 476)

Yes: 27 • No: 7

Senate vote • 4/11/2025

Passed Senate (Roll No. 466)

Yes: 22 • No: 12

House vote • 4/2/2025

Effective date rejected (Roll No. 342)

Yes: 56 • No: 44

House vote • 4/2/2025

Passed House (Roll No. 341)

Yes: 58 • No: 42

Actions Timeline

  1. Chapter 12, Acts, Regular Session, 2025

    7/21/2025House

  2. Approved by Governor 4/28/2025

    4/28/2025House

  3. To Governor 4/15/2025

    4/15/2025House

  4. House received Senate message

    4/12/2025House

  5. House concurred in Senate amendment and passed bill (Roll No. 634)

    4/12/2025House

  6. Motion to change effective date to July 1, 2025 tabled (Roll No. 640)

    4/12/2025House

  7. Effective date rejected (Roll No. 641)

    4/12/2025House

  8. Communicated to Senate

    4/12/2025House

  9. Completed legislative action

    4/12/2025House

  10. House Message received

    4/12/2025Senate

  11. To Governor 4/15/2025 - House Journal

    4/12/2025House

  12. To Governor 4/15/2025 - Senate Journal

    4/12/2025Senate

  13. Approved by Governor 4/28/2025 - House Journal

    4/12/2025House

  14. Approved by Governor 4/28/2025 - Senate Journal

    4/12/2025Senate

  15. On 3rd reading

    4/11/2025Senate

  16. Read 3rd time

    4/11/2025Senate

  17. Passed Senate (Roll No. 466)

    4/11/2025Senate

  18. Title amendment adopted

    4/11/2025Senate

  19. Effective from passage (Roll No. 476)

    4/11/2025Senate

  20. Senate requests House to concur

    4/11/2025Senate

  21. On 2nd reading

    4/10/2025Senate

  22. Read 2nd time

    4/10/2025Senate

  23. Committee amendment adopted (Voice vote)

    4/10/2025Senate

  24. Reported do pass, with amendment

    4/9/2025Senate

  25. Without recommendation, but first rereferred to Judiciary

    4/8/2025Senate

Bill Text

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