Current through Register Vol. XLI, No. 50, December 13, 2024
Section 175-1-4 - Alcoholic Liquors - Ordering, Receiving and Paying4.1. The ABCC will provide to retail outlets or make available on the ABCC website at www.abca.wv.gov, a Quarterly Spirits Price List on a quarterly basis. The Quarterly Spirits Price List includes all price changes imposed by distillers, importers, suppliers and others. The Commissioner shall provide price changes no more often than four (4) times per twelve (12) month period, on the effective dates of February 1, May 1, August 1 and November 1. Distillers, importers, suppliers and others are required to provide notice of price increases at least sixty (60) days prior to the beginning of the next quarter. Failure to provide advance notice of price changes may result in the Commissioner delisting certain or all of the products of the noncompliant distiller, importer, supplier or other purveyor of alcoholic liquors. The Commissioner will provide a licensed retail outlet with an updated copy of the Quarterly Spirits Price List approximately two weeks in advance of each effective date or make it available on the ABCC website at www.abca.wv.gov. 4.1.a. In addition to complete West Virginia product information and pricing structure, the Quarterly Spirits Price List will contain all alcoholic liquor products normally listed and available from the ABCC. Further pricing is disseminated by the annual publication of the ABCC Tradeshow Catalog with pricing as submitted by manufacturers or suppliers for wholesale sales at the annual ABCC Tradeshow to licensed retailers for his or her retail outlet. Following is a line by line explanation of information in the Quarterly Spirits Price List and the ABCC Tradeshow Catalog. 4.1.a.1. "Class Code." This line indicates the type of product in the respective listing; i.e., "bottled-in bond." Products are listed alphabetically and by ascending size within their respective class.4.1.a.2. Column 1 -- "Brand Name." An abbreviated twenty-five (25) character description of the distilled spirit.4.1.a.3. Column 2 -- "Unit Size." The product bottle size is listed in metric measurement. Metric Conversion Table
| Metric Size | Converted to Ounces |
| 50 ml. | 1.7 oz. |
| 200 ml. | 6.8 oz. |
| 375 ml. | 12.7 oz. |
| 500 ml. | 16.9 oz. |
| 750 ml. | 25.4 oz. |
| 1. Liter | 33.8 oz. |
| 1.75 Liter | 59.2 oz. |
4.1.a.4. Column 3 -- "Proof." Indicates the alcoholic proof of the product.4.1.a.5. Column 4 -- "Case Pack." Indicates the number of bottles in a full case.4.1.a.6. Column 5 -- "Merchandise Code." This is the code number which identifies the product and is to be used when ordering from ABCC. The number can range from one (1) to four (4) digits in length.4.1.a.7. Column 6 -- "Case Price Wholesale." The wholesale price charged for a full case.4.1.b. The Commissioner will correct any mischarges due to an error in the Quarterly Spirits Price List or the ABCC Tradeshow Catalog at the earliest possible date after discovery of the error.4.2. Special order spirits.4.2.a. The ABCC warehouse does not stock all West Virginia product and spirits brands or sizes at the ABCC warehouse. Those brands or sizes must be ordered through the Special Order Program. Any spirit product ordered through the Special Order Program must be ordered in case lots only.4.2.b. A licensed retail outlet must use the "Special Order" form, developed and provided by the ABCC, to order non-listed alcoholic liquors.4.2.c. The Commissioner may charge a Uniform Special Order Fee not exceeding ten dollars ($10.00) per case for each case specially ordered.4.2.d. When a Special Order is received at the ABCC warehouse, the order will be automatically added to the retail outlet's next order. The Special Order dollar amount including service and handling charges may be included in the dollar total provided to the retail outlet when it accepts delivery of the regular order in which the special order is included for delivery.4.2.e. The Commissioner will not refund price, fees, or costs or accept returns on any Special Order spirits product unless the product is deemed to be unsalable by ABCC.4.3. Official Notice of Price Change. 4.3.a. The ABCC's spirit suppliers are authorized to add product and price changes on a quarterly interval as provided by subsection 4.1. of this section. Retail outlets will be notified of wholesale price changes by an Official Notice of Price Change. Price change notices generally will be provided to the licensed retailer two (2) weeks in advance of the change. Official Notice of Price Change will be provided, regardless of whether the change is permanent or temporary.4.3.b. The price change sheet will contain the code number and corresponding West Virginia product that is changing price, the old wholesale price, new wholesale price and the effective date of the change. Any product ordered on or after the date of a price change will be invoiced at the new price until the product changes price again. The Official Notice of Price Change shall be used to update prices until an updated version of the Quarterly Spirits Price List or the ABCC Tradeshow Catalog is issued. The order date determines the wholesale price to be charged to the retailer.4.4. Temporary price reductions. -- Special Purchase Allowances (SPA). 4.4.a. Distillers and importers may occasionally give temporary price reductions called special purchase allowances or SPAs on certain products for a limited period of time. The Commissioner may pass on these price reductions to retail outlets on a dollar-for-dollar basis.4.4.b. The Commissioner will notify retail outlets approximately two (2) weeks in advance of upcoming temporary price reductions by an Official Notice of Price Change. The Commissioner will also issue a flyer containing the period of time that the product will be eligible for purchase at discount. The retail outlet must order during the temporary price reduction period to take advantage of the discount.4.4.c. A SPA price reduction reflected in the Quarterly Spirits Price List or a price reduction for the ABCC Tradeshow in the ABCC Tradeshow Catalog will be allowed on orders regardless of whether or not the retailer specifically requests it.4.5. Payment for purchases. 4.5.a. A licensed retailer is required to pay for West Virginia product or alcoholic liquors prior to delivery to the retail outlet. Payment must be made by an electronic funds transfer (EFT) initiated by the ABCC on the business day following the retailer's order day, or by a money order, certified check or cashier's check which the ABCC must receive at least twenty-four (24) hours prior to shipping.4.5.b. In order to utilize electronic funds transfers, the licensed retailer shall provide to the ABCC the necessary written authorization to debit the retailer's checking account for purchases of West Virginia product or alcoholic liquors at the time of initial licensing.4.5.c. An EFT may be made only for the amount of the purchase.4.5.d. The ABCC will not deliver West Virginia product or alcoholic liquors purchased by methods other than EFT if the money order, certified check or cashier's check is not received at least twenty-four (24) hours prior to the shipping date.4.5.e. An EFT that is not completed due to nonsufficient funds will result in the ABCC not processing any other orders by the licensee until payment is received either by a valid EFT, money order, certified check or cashier's check. Any retail licensee with two or more EFTs with insufficient funds in any calendar year may be required by the Commissioner to purchase only West Virginia product or alcoholic liquors by payment in advance via money order, certified check or cashier's check.4.5.f. When a licensed retailer picks up West Virginia product or alcoholic liquors at the ABCC warehouse, only a money order, EFT, certified check or cashier's check may be used as payment.4.6. Ordering West Virginia product or alcoholic liquors. 4.6.a. Each retail outlet will be assigned a specific day of the week or a regular order day to order from the ABCC. West Virginia product or alcoholic liquors ordered on Monday or Tuesday will be delivered on the following Wednesday or Thursday, respectively, and alcoholic liquors ordered on Thursday or Friday will be delivered on the following Monday or Tuesday, respectively. Additional days will be added to the delivery schedule for any week in which a holiday occurs. The ABCC will notify the licensed retail outlet of such amendments. Extenuating circumstances may also occasionally adjust the order day schedule for a week.4.6.b. The Commissioner may modify the time of the day and the days of the week during which alcoholic beverages may be ordered from the ABCC. Notice shall be provided to each retailer at least ten (10) days prior to the changes taking effect.4.6.c. Orders for West Virginia product or alcoholic liquors must be made by licensed retailers utilizing the ABCC's web or other internet based ordering system. Only during emergency situations, as authorized by the Commissioner, are licensed retailers permitted to place telephone or fax orders with the ABCC placed between the hours of 8:30 a.m. and 3:30 p.m. on the assigned order days or as otherwise required by the Commissioner. Orders will not be accepted after 3:30 p.m. Orders may be tape recorded or otherwise documented when received.4.6.d. A licensed retailer is able to order using ABCC's web or other internet based ordering system in advance of the retail outlet's regular order day and may change an order at any time up to 2:30 p.m. of the retail outlet's regular order day.4.6.e. The ABCC shall not deliver a regular or special order for fewer than twenty-five (25) cases of West Virginia product or alcoholic liquors to a licensed retailer. Any order not amounting to 25 cases will not be delivered and the order will be held until such time the licensed retailer's regular order amounts to twenty-five (25) cases or more. Upon approval of the Commissioner, a licensed retailer may purchase with a money order, certified check or cashier's check delivered to the ABCC offices and pick up at the ABCC warehouse a properly placed regular order on the retail outlet's regular delivery day that is more than five (5) cases and less than twenty-five (25) cases.4.6.f. Order placement procedure.4.6.f.1. The licensed retailer must enter its order in the ABCC's web or other internet based ordering system either in advance of the licensed retailer's regular order day or between 8:30 a.m. and 3:30 p.m. on the licensed retailer's regular order day. The licensed retailer is responsible to verify the accuracy of the West Virginia product or alcoholic liquor codes entered in the ABCC's web or other internet based ordering system. In emergency situations, as authorized by the Commissioner, the licensed retailer will be directed to call the Order Department at a specific telephone or fax number to order between 8:30 a.m. and 3:30 p.m. on the assigned order day.4.6.f.2. The licensed retailer must login to the ABCC's web or other internet based ordering system using its username, secure password and any other requirements to verify the licensed retailer's identity. In an emergency situation, as authorized by the Commissioner, the licensed retailer must provide, via telephone or fax, the licensed retailer's name and last four (4) digits of the account number.4.6.f.3. The licensed retailer may check messages, browse new and existing West Virginia product listings and then place its order by selecting or entering full case merchandise codes and the quantity of full cases in the order section of the ABCC's web or other internet based ordering system. In an emergency situation, as authorized by the Commissioner, full cases must be ordered, via telephone or fax, first by giving first the merchandise code from the catalog and then the quantity of full cases.4.6.f.4. The ABCC will give the licensed retailer a dollar total of delivered cost when the order has been placed, a confirmation that all items are in the ABCC warehouse and available for shipment and an invoice number for the order. The licensed retailer may reorder out-of-stock product on its next regular order date. The licensed retailer must verify the accuracy of all orders before finalizing its West Virginia product selections as to case code, quantity, size, flavor and any other distinguishing characteristic. All orders are final when entered by the licensed retailer and the licensed retailer will be charged accordingly or its accounts deducted electronically.4.6.g. Order pick-up procedure ("will-call"). 4.6.g.1. A licensed retailer may order alcoholic liquors and pick up its order at the ABCC warehouse. This procedure is available only as a supplement to the regular ordering procedure and may not be used to circumvent the regular ordering procedure. The Commissioner may assess penalties against any licensed retailer abusing the order pick-up procedure.4.6.g.2. The ABCC will sell West Virginia product or alcoholic liquor only ordered for pick up in full case lots.4.6.g.3. A licensed retailer must order items for pickup between the hours of 8:30 a.m. and 3:30 p.m. All orders will be processed for pickup on the following work day.4.6.g.4. When ordering, the licensed retailer must provide the store name and account number.4.6.g.5. The licensed retailer must pay for the order, by prior to loading, completing payment by money order, EFT, certified check or cashier's check.4.6.g.6. No claim for breakage or shortage will be honored after the order has been loaded. The licensed retailer shall give to the warehouse a signed receipt, "Invoice, State of West Virginia Alcohol Beverage Control Administration", signifying acceptance of the order.4.7. Delivery of West Virginia product or alcoholic liquors. 4.7.a. The ABCC will deliver Monday, Tuesday, Wednesday, Thursday, and Friday on a regular basis. Orders will generally be delivered between the hours of 6:00 a.m. and 6:30 p.m., depending upon the licensed retailer's assigned regular ordering day and the distance of the retail outlet from the ABCC warehouse. Deliveries will be made only to the retail outlet and not to a warehouse or other location where West Virginia product or alcoholic liquors are stored. The Commissioner may, for good cause shown, permit a licensed retailer holding three or more private club licenses to receive and store West Virginia product or alcoholic liquors at warehouses or sites off premises.4.7.b. Transport drivers must assist in unloading the alcoholic liquors at the licensed retailer's retail outlet. The order must be placed inside the door of the retail outlet.4.7.c. The transport driver will provide the retail outlet with a complete set of Invoice Forms so that the retail outlet can check the delivery for accuracy. All licensed retailers must verify the accuracy of the delivered order and acknowledge the verification of the order. Failure to do so could result in the Commissioner denying returns for misordered West Virginia product or alcoholic liquors. All alcoholic liquors must be kept separate from the retail outlet's normal reserve until the delivery is completed and checked for accuracy. "Dry" breakage claims or other defects discovered after the driver has left will not be accepted unless reported to the ABCC (on the ABCC's form) within twenty-four (24) hours after delivery to the retail outlet and then only when the claim complies with any additional requirements provided in subsection 4.9 of this section. Except for concealed shortages or dry breakage, no claims for shortages or breakage will be allowed if the broken or shorted goods are not identified and noted on the Invoice Form before the driver has left the retail outlet.4.7.d. Both the transport driver and the authorized representative of the retail outlet must sign the Invoice Form after it has been checked and any amendments or corrections made. The transport driver will return any claim made for breakage, shortage and overage on the Invoice Form, Exception Section, and Retailer Claim Form to the ABCC warehouse.4.7.e. Delivery Breakage. -- Any product that is broken during delivery or during unloading will be the responsibility of the transport driver, who will complete the "Invoice Exception" portion of the Invoice Form detailing the breakage, a copy of which will be retained by the retail outlet. The Invoice Exception will be processed by the ABCC and a credit memo will be applied to the next order after the claim has been approved.4.7.f. Short Delivery. -- This occurs when a case that was ordered is not delivered. The transport driver and the retailer will complete their sections of an Invoice Exception Form for the shortage and they will also complete a Retailer Claim Form. A copy of these forms will be retained by the transport driver and the retailer. The ABCC will process the Invoice Exception and apply any applicable credit memo to the retail outlet's next order.4.7.g. Over Delivery. -- Returned to Warehouse. An over delivery will be returned to the warehouse. The transport driver will complete the Invoice Exception portion of the Invoice Form and return the overage to the ABCC warehouse. There will be no credit in this instance because the retail outlet was not billed for the product on the invoice.4.7.h. No further changes may be made after all invoices and Invoice Exceptions have been signed.4.8. Misordered product and defective product discovered after delivery. 4.8.a. Returns of product received in error due to wrong order number or not having been ordered will be authorized if the following procedures are adhered to:4.8.a.1. The licensed retailer must notify the ABCC warehouse of a product received in error within twenty-four (24) hours following the date of delivery. Claims made after twenty-four (24) hours following delivery will not be approved. The transport driver is not authorized to return items on any day except the day delivery actually occurred.4.8.a.2. The licensed retailer may return the entire quantity of the misordered product.4.8.a.3. The licensed retailer may not return "Special Orders," "Decanter Collector Series" or one-time buy offerings.4.8.a.4. Appropriate warehouse personnel will schedule pickup of the alcoholic liquors to be returned.4.8.a.5. The driver, when picking up the misordered product, will verify the code and quantity, leave a copy of the Invoice Form and Retailer Claim Form with the retail outlet and return the misordered product to the warehouse.4.8.a.6. The ABCC will process the claim and apply a credit memo to the licensed retailer's next order after the claim has been approved.4.8.b. Concealed shortage.4.8.b.1. To receive credit for bottles missing inside full case, the licensed retailer must save the original carton in which the product was delivered. Credit will not be issued if the carton is unavailable for inspection by the ABCC.4.8.b.2. The ABCC will dispose of the carton and record the concealed shortage on a "Concealed Shortage and Defective Merchandise" report.4.8.b.3. The ABCC representative will provide a copy of the Invoice Form and Retailer Claim Form to the licensed retailer.4.8.b.4. The ABCC will process the claim and apply a credit to the next order after the claim has been approved.4.8.c. Dry breakage. 4.8.c.1. To return and receive credit for breakage discovered inside full case the licensed retailer must return the breakage to the ABCC warehouse:4.8.c.1.A. The neck of the broken bottle with cap/seal, label intact, any piece of glass where the seal or symbol is recognizable, or any label. The licensed retailer must follow shipping instructions for glass and shards of glass that may be dangerous.4.8.c.1.B. The carton in which the breakage was discovered.4.8.c.1.C. No credit will be issued without the above-mentioned items being available for inspection by the ABCC.4.8.c.2. The ABCC will dispose of the carton and bottle neck and record the breakage on a "Concealed Shortage and Defective Merchandise" report.4.8.c.3. The ABCC will provide the licensed retailer with a copy of the Invoice Form and Retailer Claim Form.4.8.c.4. The ABCC will process the claim and apply a credit to the licensed retailer's next order after the claim has been approved.4.8.d. Defective or spoiled merchandise.4.8.d.1. To obtain a credit for a product discovered by the licensed retailer or returned by a consumer as unsalable (or unused portion) the licensed retailer must return the product to the ABCC warehouse. No credit will be issued if the product is not returned to the ABCC warehouse accompanied by an Invoice Form and Retailer Claim Form.4.8.d.2. The ABCC will dispose of the unsalable product and apply a credit memo to the licensed retailer's next order. The ABCC will process the claim and apply a credit to the next order after the claim has been approved.4.8.e. Wrong product in case. 4.8.e.1. To obtain a credit for a mismarked case the licensed retailer must set aside and return the case and the entire contents to the ABCC warehouse.4.8.e.2. The ABCC will send all documentation, Invoice Form and Retailer Claim Form, to the warehouse where pickup of the mismarked case from the licensed retailer will be scheduled as soon as possible.4.8.e.3. When the transport driver picks up the mismarked case, a copy of the Invoice Form and Retailer Claim Form, will be left at the retail outlet.4.8.e.4. The ABCC will process the claim and a credit will be applied to the licensed retailer's next order after the claim has been approved.4.9. Credit pricing policy. 4.9.a. The ABCC will make every attempt to issue credit based on the invoice price the licensed retailer was charged for that product. In the event that such price cannot be determined, the licensed retailer will be credited using the price found on the most recent invoice containing that particular product. If the actual purchase price or the most recent price paid by the licensed retailer cannot be determined, the current wholesale price will be used for credit purposes.4.9.b. The ABCC is not responsible for any breakage, shortage or spoiled product which was caused by the owner/manager, employees or customers of a retail outlet.