Current through Register Vol. XLII, No. 1, January 3, 2025
Section 175-3-7 - Violations7.1. Prohibited acts. -- The Commissioner may suspend or revoke any farm license for violation of any of the applicable provisions W. Va. Code § 60-1-1 et seq., W. Va. Code § 60-4-3b, W. Va. Code § 60-8-1 et seq. or of any lawful rule of the Commissioner. The Commissioner may also suspend or revoke a farm winery for the following causes: 7.1.a. Conviction of the licensee or his or her agent or employee for a felony related to business operations of the licensee;7.1.b. Making any false material statement in an application for license;7.1.c. Assigning, transferring or pledging a license contrary to the rules of the Commissioner;7.1.d. Selling farm wine to a wholesale or retail dealer who is not a holder of a proper ABCC license at the time of the sale;7.1.e. Failing to pay an excise tax together with any penalties imposed by the law relating thereto and violating any rule of the Department of Revenue in pursuance thereof.7.2. Employment of minors. -- No person under the age of eighteen (18) years may be employed or permitted by any licensee to participate in any manner whatsoever in the serving, sale or delivery of wine.7.3. Imitation and substandard wine -- application of these regulations. -- The production, importation or sale within this state of any product as or under the designation of wine, which fails to conform to the standards prescribed in this rule, and by reference therefore to the Federal Alcohol Administration Act, and regulations duly promulgated thereunder, or of any wine fermented from raisins, dried fruits, or dried berries or of any imitation or substandard wine as hereinafter defined, is hereby prohibited.7.4. Coined names. 7.4.a. The sale in this State of wines identified on labels or in advertisements by a type or brand designation which implies mixtures of wine for which standards of identity are established in this rule, or which identifying type or brand designation resembles an established wine type name such as "Angelica," "Madeira," "Muscatel," "Port," "Sherry," "Tokay," "Sauterne," "Claret," "Burgundy," is hereby prohibited.7.4.b. The sale in this state of wine or combinations of wine and other alcoholic beverages which contain on the label statement such as "Whiskey Wine," "Rum and Wine," "Gin and Wine," "Beer and Wine," or simulations of such combinations, is hereby prohibited.7.5. Containers. 7.5.a. The sale of wine in any container originally designed for a product other than wine, or in any container the design or shape of which would tend to mislead the consumer as to the nature of the contents, is hereby prohibited.7.5.b. The sale of wine in containers which have blown, branded or burned therein the name or other distinguishing mark of any person engaged in business as a wine producer, importer, wholesaler or bottler or any other person different from the person whose name is required to appear on the brand label, is hereby prohibited.7.5.c. The capacity of containers for wine shall conform to standards of fill provided by the rules and regulations of the TTB.