Current through Register Vol. XLII, No. 1, January 3, 2025
Section 175-3-3 - Licensure3.1. The application for license to operate a farm winery shall include the following: 3.1.a. License application. 3.1.a.1. The name of the applicant;3.1.a.2. The address where the applicant will conduct its operations;3.1.a.3.3.1.a.3.A. If the applicant is an individual or partnership, the names and addresses of all owners having ten percent (10%), or more, ownership interest;3.1.a.3.B. If the applicant is an unincorporated association or any other business entity, the names and addresses of the members of its governing board;3.1.a.2.C. If such applicant be a corporation, the names and addresses of its officers and directors and of all stockholders owning ten percent (10%), or more, of the common stock;3.1.a.4. Arrest record, if any, of the applicant and of its principals, officers, directors, owners, employees and manager/steward, including disposition of all such arrests;3.1.a.5. West Virginia consumer sales tax identification number;3.1.a.6. West Virginia business registration certificate number;3.1.b. Application may be made only on ABCC Form 200-FW. The form must be completed in its entirety, and failure to compete all questions thereon constitutes grounds for refusing to grant a license.3.1.c. The application shall be signed by the applicant. In the case of a partnership, the application shall be signed by each of the partners. In the case of a limited partnership, the application shall be signed by each of the general partners and by each limited partner who owns ten percent (10%) or more of the capital or profits of such limited partnership. In the case of a voluntary association, all members owning ten percent (10%) or more of the capital or profits shall sign. In the case of a corporation, the application shall be signed by an officer and under the seal of the corporation.3.1.d. An applicant applying for other licenses under 175 CSR 4 or W. Va. Code § 60-8-1et seq. must complete the applicable forms provided by the Commissioner's office, pay the applicable fees, and qualify for such other licenses independently of qualifying for a farm winery license.3.1.e. Every applicant who is licensed must have its representatives licensed to solicit or consummate sales in this state and to attend or conduct tastings, samplings, off-premises sales at licensed fairs and festivals. An Application for Representative's License, available from the Commissioner, must be completed for each representative.3.2. Refusal of license. 3.2.a. No license may be issued to any applicant that submits an application that contains any false statement, and any statement found to be false after the granting of such license shall be grounds for revocation or suspension of such license;3.2.b. Upon receipt of an application for a license, the Commissioner shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the licensing provisions of the law have been complied with. The Commissioner shall investigate all matters connected with the application which may affect the public welfare, health and morals. The Commissioner shall deny an application for a license if either the applicant or the premises for which a license is applied do not qualify for a license. The applicant may appeal denial of the license in accordance with Section 9 of this rule.3.3. License not transferable. -- A license issued under the provisions of this rule authorizes only the person(s)/organization named on the license to operate a farm winery on the premises described and is not transferable.3.4. Change of corporate directors or officers; issuance or transfer of corporate stock. - A corporate licensee shall, within thirty (30) days of a majority change of the members of the board of directors, a change in any corporate officers or the issuance or transfer of shares of its stock which results in a person not previously approved owning ten percent (10%) or more of its stock, and report to the Commissioner the information with respect to the new person that is required to be furnished by an applicant for a license.3.5. Change in ownership; change in management. -- A licensee shall report any change in ownership of the business which results in a person not previously approved owning ten percent (10%) or more of its stock or the change in the management control of the licensed establishment, and report to the Commissioner the information with respect to the new person that is required to be furnished by an applicant for a license.3.6. Federal basic permit information. -- An applicant for a license authorizing a farm winery shall submit to the Commissioner a copy of the applicant's federal basic permit, as required under the Federal Alcohol Administration Act, including copies of all data, written statements, affidavits or other documents prepared in connection therewith. The applicant shall submit a copy of the federal basic permit with the request for the application.3.7. License application form. -- The application for a license to operate a farm winery, ABCC Form 200-FW, is available from the West Virginia Alcohol Beverage Control Commissioner's office.3.8. Certain personnel not to hold license. -- No farm winery license may be held by, or issued to, any person employed by the Alcohol Beverage Control Commissioner when the duties of such person have to do with the enforcement of the Liquor Control Act or any other penal provisions of law of this State prohibiting or regulating the sale, use, possession or manufacture of alcoholic beverages.3.9. Bonded winery -- A farm winery license may be issued only to, or held by, an applicant qualified to operate or who is operating a winery or wine cellar bonded under the laws and regulations of the United States. 3.10. Pricing. -- For the purpose of establishing pricing, the Commissioner shall consider wines produced by farm wineries to be a separate class of alcoholic liquor under the provisions of section nine, article three, chapter sixty of the West Virginia Code.