Chapter 60, Chapter 60

Within fifteen days after the filing of formal application for a license the commission shall either grant or refuse the license. If the commission refuses to grant the license he shall refund the license fee.

The commission shall refuse the license if it finds that: (1) The applicant is not a suitable person; (2) The place to be occupied by the applicant is not a suitable place; (3) A sufficient number of licenses have already been issued.

A person possessing a license issued under the provisions of this chapter shall pay the fee annually on or before January 1, of each year. If the license fee is not paid on that day, the license shall be automatically revoked, unless the commission shall, for good cause, grant an…

A person to whom a license is issued under the provisions of this chapter shall pay annually to the commissioner a license fee as follows, for: (1) Distilleries, $1,500; (2) Wineries, $1,500; (3) Breweries, $1,500; (4) Bottling plants, $100; (5) Wholesale druggists, $50; (6) Inst…

The commission shall prescribe records to be kept by licensees and shall require regular reports at least every thirty days of the amounts and kinds of alcoholic liquors manufactured, sold, or kept in stock under the authority of a license issued according to the provisions of th…

The commission shall have the authority to prescribe such rules and regulations and to require the reporting of such information by licensees as may be necessary for the effective administration of the provisions of this chapter.

A municipal corporation shall not impose a fee or a special tax as a condition upon the exercise of a license issued under the provisions of this chapter.

The commissioner may revoke a license issued under this article upon a finding that: (1) The licensee is not a suitable person; (2) The place occupied by the licensee is not a suitable place; (3) The licensee has violated a provision of this chapter or a regulation made by the co…

(a) The commission may grant licenses for the manufacture of alcoholic liquors. Separate licenses shall be issued to the following classes of manufacturing establishments: (1) Distilleries in which only alcoholic liquors other than wine or beer is manufactured; (2) Wineries in wh…

Before revoking a license issued under the authority of this chapter, the commission shall give at least ten days' notice to the licensee. Notice shall be in writing, shall state the reason for revocation and shall designate a time and place when the licensee may show cause why t…

A decision of the commission granting or revoking, or refusing to grant or to revoke a license authorized by this chapter shall be subject to judicial review upon the appeal of a licensee and applicant for a license, a resident of the community in his own behalf or in behalf of t…

(a) A person, firm or corporation may not be or act or serve as an agent, broker or salesman selling or offering to sell or soliciting or negotiating the sale of alcoholic liquor to the commission or to any distributor licensed pursuant to article eight of this chapter without fi…

(a) For purposes of this section: (1) “Exotic entertainment” means live nude dancing, nude service personnel or live nude entertainment, and “nude” means any state of undress in which male or female genitalia or female breasts are exposed. (2) “Places set apart for traditional fa…

A person who is licensed to manufacture alcoholic liquors in this state may sell liquors in this state only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter: Provided, That a holder of a winery or a f…

(a) Sales of liquor. — An operator of a distillery, mini-distillery, or micro-distillery may offer liquor for retail sale to customers from the distillery, mini-distillery, or micro-distillery for consumption off-premises only. Except for samples offered pursuant to §60-6-1 of th…

(a) An operator of a winery or farm winery may offer wine produced by the winery, farm winery, or a farm entity authorized by §60-1-5c of this code, for retail sale to customers from the winery or farm winery for consumption on-premises or off-premises. Customers may consume wine…

(a) Authorization. — Except for the commissioner, no person may offer for sale liquor, sell liquor, or offer liquor for shipment in this state, except for a licensed private direct shipper. A distillery, mini-distillery, or micro-distillery, whose licensed premises is located in …

The commission may grant to wholesale druggists license to purchase alcoholic liquors at wholesale from or through the commission for the purpose of resale within the state. Such wholesale druggists shall have the right to purchase ethyl alcohol, for nonbeverage purposes, at whol…

The commission may grant licenses to persons to purchase alcoholic liquors at wholesale from or through the West Virginia liquor control commission for industrial, or scientific uses, or for use in institutions as provided in article six, section five of this chapter, and may, by…

The commission may issue licenses to retail druggists to sell, upon prescription, and for the purposes provided for in this chapter, alcoholic liquors purchased from the commission. Any pharmacist, or retail druggist or drugstore employing a duly licensed pharmacist, having a reg…

The commission shall license without fee a still used solely for laboratory purposes in an educational institution and a still used solely for pharmaceutical purposes.

The commission shall issue a license without fee authorizing an individual to manufacture ethyl alcohol solely for personal use by the individual in the production of gasohol and not for sale. For purposes of this section, the term "gasohol" means any product suitable for use as …

The commission shall license a still used by a commercial chemist for laboratory purposes only, and not used for the purpose of the manufacture of alcoholic liquors for resale, at a fee of $5.

Each separate place of business shall require a separate license. Licenses shall not be transferable but, with the approval of the commission in such form and manner as the commission may prescribe, may be amended to change the location of the business licensed.

A county or any municipality may in an election held especially for the purpose, determine whether the sale of alcoholic liquors for beverage purposes shall be permitted within that county or municipality. A local option election shall be held at the same time as the next regular…

The county commission, or the governing body of the municipality, shall call a special local option election upon the filing of a petition signed by not less than five percent of the qualified voters within the county or municipality.

The petition shall be in the following form: Petition for Local Option Election We, the undersigned legally qualified voters, resident within the county (municipality) of_______________, do hereby petition that a special election be held within the county (city, town) of ________…

The county commission or governing body of the municipality shall give notice of the special local option election by publication thereof as a Class II-0 legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code, and the publication area for such publi…

On the ballot shall be printed the following: Shall the sale of alcoholic liquors for off-premises consumption under the West Virginia Alcohol Beverage Control Commissioner be permitted in ________? □ Yes. □ No. (Place a cross mark in the square opposite your choice.)

The ballots shall be counted, returns made and canvassed as in general elections, and the results certified by the commissioners of election to the county commission of the county, or the governing body of the municipality. The county commission or governing body shall without de…

Within 30 days after a local option election in which a majority has voted No, the commissioner shall order the closing of all stores selling alcoholic liquor for off-premises consumption within the county, or municipality.

When a local option election has been held in a county, or municipality, another such election may not be held for a period of two years.

(a) Effective July 1, 2020, the sale of alcoholic liquors for off-premises consumption is authorized in all counties and municipalities of the state. (b) Notwithstanding the provisions of subsection (a) of this section, a county or municipality which prior to January 1, 2020, pro…

The provisions of this chapter may not prevent: (1) A person from keeping and possessing alcoholic liquors in his or her residence for the personal use of himself or herself, his or her family, his or her employee, or his or her guests if the alcoholic liquors have been lawfully …

(a) A person who unlawfully owns, operates, or maintains a plant for the manufacture of distilled spirits, or aids or abets in the operation or maintenance of such a plant shall be guilty of a felony and, upon conviction shall be fined not less than $100 nor more than $1,000 or c…

A person who, while engaged in the unlawful manufacture, transportation or sale of alcoholic liquors, or while aiding or assisting in any of such acts, has in his actual or constructive possession a firearm or other lethal weapon, shall be guilty of a felony and, upon conviction …

The commission may adopt regulations governing the transportation of alcoholic liquors, lawfully acquired, within, into or through the state in quantities in excess of one gallon as it may deem necessary to confine such transportation to legitimate purposes and may issue transpor…

Except as permitted by section six of this article and article eight of this chapter, a person shall not import into, or transport in this state, any alcoholic liquors, unless it is: (1) Consigned to the commission; (2) Transported upon the direction of the commission directly to…

A person who violates any order, rule or regulation of the commission made under the authority of this chapter, or who violates any provisions of this chapter for which punishment has not been specifically provided, shall be guilty of a misdemeanor and, upon conviction shall be f…

A place where alcoholic liquor is manufactured, sold, stored, possessed, given away, or furnished contrary to law shall be deemed a common and public nuisance. Boats, cars (including railroad and traction passenger cars operating in this state), automobiles, wagons, water and air…

The commission, its agents, the Attorney General, the prosecuting attorney, or a citizen of the county or municipality where a nuisance as defined in section sixteen of this article is located, may maintain a suit in equity in the name of the state to abate and perpetually enjoin…

If there be complaint on oath or affirmation supported by affidavit or affidavits setting forth the facts for such belief that alcoholic liquors are being manufactured, sold, kept, stored or in any manner held, used or concealed in a particular house or other place in violation o…

All stills and distilling apparatus and material for the manufacture of the same, and all alcoholic liquors, and materials used in the manufacture of alcoholic liquors, and all containers in which alcoholic liquors may be found, which are kept, stored, possessed or in any manner …

The provisions of this chapter may not prevent: (1) A person from manufacturing wine at his or her residence for consumption at his or her residence as permitted by §60-6-1 of this code. (2) A person from manufacturing and selling unfermented cider; (3) A person from manufacturin…

A conveyance of any kind, either on land, water, or in the air, used for transportation of alcoholic liquors in violation of section twelve of this article, shall be deemed contraband and shall be forfeited to the state and proceeded against in the manner provided for confiscatio…

Proceedings for confiscation of articles, conveyances or vehicles declared contraband and forfeited to the state under section twenty shall be had in the circuit or inferior court having criminal jurisdiction, either in vacation or term time, in the county where such articles, co…

No action shall be maintained to recover the price of alcoholic liquor sold in violation of the provisions of this chapter, except that the state or the commission may recover from any person the price of any alcoholic liquor purchased by him in violation of this chapter, and fro…

Notwithstanding any other law to the contrary, any licensed physician may examine, counsel, diagnose and treat any minor at his or her request for any addiction to or dependency upon the use of alcoholic liquor or nonintoxicating beer, as defined in section five, article one of t…

Any licensee licensed under this chapter to sell alcoholic liquors, including liquor, wine, hard cider, nonintoxicating beer or nonintoxicating craft beer for either on-premises or off-premises consumption, shall post in an open and prominent place within the establishment, a blo…

(a) Beginning July 1, 1998, all persons licensed to sell alcoholic liquor, wine or nonintoxicating beer at retail, either for consumption on-premises or off-premises, or both, shall display signs provided by the Alcohol Beverage Control Commissioner warning of the possible danger…