Current through Register Vol. XLI, No. 45, November 8, 2024
Section 175-1-3 - Authorized Licensed Retailer Activities3.1. Only a retail outlet licensed in accordance with W. Va. Code § 60-3A-1, et seq., may sell West Virginia product or alcoholic liquors at retail in West Virginia. A licensed retail outlet may, in addition to selling alcoholic liquors for consumption away from the premises or off the premises of the retail outlet, do all things common and ordinary in the operation of such an establishment as permitted by its Class A retail license (freestanding liquor retail outlet) or Class B retail license (mixed retail liquor outlet). A licensed retailer that operates more than one (1) retail outlet within a market zone may transfer alcoholic liquors only from one retail outlet to another within the same market zone. Any other transfers of alcoholic liquors require prior written authorization from the ABCC. 3.1.a. A Class A retail license or freestanding liquor retail outlet shall only sell West Virginia product, wine, beer, nonintoxicating beer and other alcohol related products, including tobacco related products, throughout the entire retail floor space of the retail outlet which shall, at minimum, be 750 square feet, as measured by the Commissioner, and further shall maintain displayed inventory and inventory as required by 175 CSR 5, all subject to the requirements in the rules.3.1.b. A Class B retail license or mixed retail liquor outlet shall only sell West Virginia product, wine, beer, nonintoxicating beer and other alcohol related products, including tobacco related products, in addition to convenience and other retail products. West Virginia product, wine, beer and nonintoxicating beer shall only be sold in the prominently marked restricted area retail floor space of the mixed retail liquor outlet, which shall, at minimum, be 150 square feet, and such products shall not be highly visible, displayed or available for sale outside the restricted area, and further shall maintain displayed inventory and inventory as required by 175 CSR 5, all subject to the requirements in the rules.3.1.c. A licensed retailer may establish the hours during which the business is open to the public. However, alcoholic liquors and fortified wine, may not be sold on Sundays, Christmas or between 12:00 midnight, and 8:00 a.m. on weekdays and Saturdays; wine may not be sold between 2:00 a.m. and 1:00 p.m. on Sundays or between 2:00 a.m. and 7:00 a.m. on weekdays and Saturdays.3.1.d. A licensed retailer may employ whom he or she pleases so long as: 3.1.d.1. An employee must be at least eighteen (18) years of age in order to sell alcoholic liquors to customers.3.1.d.2. An employee must be at least twenty-one (21) years of age to take delivery of alcoholic liquor at the ABCC warehouse.3.1.d.3. A retail outlet may employ a person between sixteen (16) and eighteen (18) years of age to work in a retail outlet if the Commissioner has beforehand provided written approval to employ such persons. The Commissioner's approval must be requested in the initial application or annual license renewal form and such approval will not be unreasonably withheld. The authorization to employ persons under eighteen (18) years of age must be clearly stated on the retail liquor license.3.1.d.4. The age restrictions in this section apply to the minor children of the licensee.3.1.e. A licensed retailer may purchase any equipment deemed necessary to the operation of the retail outlet and in so doing may enter into appropriate contracts and financing agreements; 3.1.e.1. The Commissioner has discretion to purchase or authorize another person to purchase, all or any portion of the liquor displayed inventory or inventory of a retail licensee. The creditor of the retail licensee or the retail licensee shall sell the inventory as directed by the Commissioner, and upon the terms determined by the Commissioner. The creditor will be paid the price of the sale of the retail outlet's displayed inventory and inventory.3.1.e.2. The creditor is required to pay the applicable shipping and handling charge set by the Commissioner.3.1.e.3. A creditor, when foreclosing on the assets of a licensed retailer, is required to abide by W. Va. Code § 60-3A-29.3.2. A licensed retailer is required to purchase all distilled spirits and fortified wines or West Virginia product from the Commissioner. However, nonintoxicating beer, nonintoxicating craft beer, port, sherry and Madeira wines, wine other than fortified wine and other alcoholic liquors which are not distilled spirits shall be purchased through a manufacturer or distributor licensed to do business within this state.3.3. A licensed retailer may only sell alcoholic liquors which are listed as West Virginia product and which have been purchased from the Commissioner, wine other than fortified wine which was purchased from a licensed distributor or licensed farm winery, including port, sherry and Madeira wine, nonintoxicating beer and nonintoxicating craft beer purchased from a licensed manufacturer or distributor. Any violation of this section may result in the immediate suspension or revocation of a retail outlet's license.3.3.a. Every licensed retailer shall maintain records of all purchases, sales, receipts and other pertinent papers required by the Commissioner. All records shall be preserved for at least four (4) years. The Commissioner may inspect the books, accounts and records of any licensed retailer relating to the purchase and sale of any alcoholic liquors and examine, under oath, any officer, agent or employee of any licensed retailer. The Commissioner may require the production, within this state, at the time and place he may designate, of any books, accounts, papers or records kept within or without the state, or verified copies in lieu thereof for the purpose of examination by the Commissioner.3.3.b. Every retail licensee must keep a record in book form showing the date all West Virginia product, alcoholic liquors, wine and beer were received on his or her premises, and from whom the product was received. In addition a retail licensee shall maintain records showing the merchandise code and quantity for each sale to a religious organization or to a private club as defined in W. Va. Code § 60-7-2(a). In the case of sales to a private club, the retail licensee must identify each club by name, address and ABCC license number, and provide the full name of the person receiving the order.3.3.c. Records required to be maintained pursuant to this subsection may not be destroyed, erased or altered for at least four (4) complete calendar years or until the year the retail licensee is audited and accepted by the Department.3.4. Each retail licensee shall post in an open and prominent place within each retail outlet operated by such person a blood-alcohol chart in the form prescribed by W. Va. Code § 60-6-24; and the fetal alcohol syndrome warning of birth defects in the manner prescribed by W. Va. Code § 60-6-25, both in a form provided by the ABCC. 3.4.a. Each mixed retail liquor outlet shall post, at minimum, the signage as required by 175 CSR 5 in and around its restricted area, subject to the requirements and penalties of the Code.3.5. A licensed retail outlet may not:3.5.a. Sell or permit the sale of more than ten (10) gallons of alcoholic liquor to a person at one time without approval of the Commissioner, except that: 3.5.a.1. A religious organization may purchase more than ten (10) gallons of wine for sacramental purposes;3.5.a.2. This prohibition does not apply to purchases of private clubs as defined in W. Va. Code § 60-7-3.3.5.b. Sell or offer to sell or permit the sale or offer to sell any alcoholic liquor in other than the original package or container.3.5.c. Sell, give or procure, or permit the sale, gift, or procurement of any alcoholic liquor for or to any person under age twenty-one (21) or who is visibly intoxicated.3.5.d. Permit the consumption of any alcoholic liquors on the retail outlet premises by any person.3.5.e. Alter, change or misrepresent or permit the alteration, change or misrepresentation of the quality, quantity or brand name of any alcoholic liquor.3.5.f. Permit any person under age eighteen (18) to sell, furnish or give alcoholic liquor to any other person.3.5.g. Purchase or otherwise obtain alcoholic liquors in any manner other than that authorized in W. Va. Code § 60-3A-1, et seq., and this rule.3.5.h. Permit any person to break the seal on any package or bottle of alcoholic liquor.3.5.i. Permit any person other than a retail licensee or a regular employee thereof to unpack, shelve, arrange, shift, or otherwise manipulate bottles or other receptacles containing distilled spirits, except for the purpose of purchasing same.3.5.j. Sell or permit the sale of alcoholic liquors or fortified wine purchased from the ABCC at a price which is less than one hundred ten percent (110%) of the wholesale cost of the product. For the purposes of determining the minimum price, the retailer shall multiply the ABCC wholesale cost of the product contained in the Quarterly Spirits Price List or the ABCC Tradeshow Catalog, available on the ABCC website at www.abca.wv.gov, by one hundred ten percent (110%).3.5.k. Sell or permit the sale of alcoholic liquors or fortified wine through a window at a drive-in or drive-through retail establishment.