Current through Register Vol. XLI, No. 50, December 13, 2024
Section 175-1-7 - Transportation7.1. Transportation permits. Any person, including any common carrier hired by a direct shipper or a direct shipper as defined in W. Va. Code § 60-8-1, et seq. and 175 CSR 4, who transports, for hire, any alcoholic liquors to be sold commercially in quantities in excess of one (1) gallon within, into or through the State of West Virginia, shall first give a surety bond, approved by the Attorney General as to form and execution, and by the Commissioner as to sufficiency, payable to the State of West Virginia in the penalty of one thousand dollars ($1,000.00) on condition that the person will exercise the privileges granted by the permit in conformity with the provisions of the Liquor Control Act and the rules of the Commissioner. A bonded person who defaults on condition of the surety forfeits to the state school fund the sum of one hundred dollars ($100.00) for each breach, recoverable by the ABCC upon motion with ten (10) days notice in any court having jurisdiction of the parties. Each person transporting alcoholic liquors, in addition to the bond aforesaid, shall pay the Commissioner an annual fee of ten dollars ($10.00) for the first permit and one dollar ($1.00) for each duplicate permit issued. In the case of motor carriers for hire, a permit issued by the Commissioner under seal showing that the required bond has been given and the fee paid shall accompany the alcoholic liquors at all times during transportation. In the case of air carriers and rail carriers for hire, a permit issued by the Commissioner under seal showing that the required bond has been given and the fee paid shall be filed in the principal office of such carrier in this state. Any person holding a transportation permit who transports any alcoholic liquors in violation of this rule and the code is subject to all penalties available in the code for each violation. Further, any person holding a transportation permit who transports product for an unlicensed direct shipper and who fails to verify that the direct shipper is licensed in West Virginia prior to shipment is subject to all penalties available in the code for each violation.7.2. Any wine distributor or wine retailer, licensed pursuant to W. Va. Code § 60-8-3, any private club licensed pursuant to W. Va. Code § 60-7-5, any representative licensed under W. Va. Code § 60-4-22, and any licensed retailer licensed under W. Va. Code § 60-3A-12, may by virtue of his or her license, transport within West Virginia any alcoholic beverages that are deemed to be transported in connection with the purpose for which such license was granted without a transportation permit issued by the Commissioner. All shipments by a direct shipper must be made in accordance with the direct shipping requirements in W. Va. Code § 60-8-1, et seq. and 175 CSR 4.7.3. A licensed retailer who operates more than one (1) retail outlet within a market zone may transfer alcoholic liquors only from one (1) retail outlet to another within the same market zone without obtaining written approval from the Commissioner. Two or more such transfers require prior written authorization by the Commissioner.7.4. A licensed retailer who operates retail outlets in more than one (1) market zone may not transfer alcoholic liquors from one market zone to another without first obtaining written approval from the ABCC.7.5. A licensed retailer, upon picking up alcoholic liquors at the ABCC warehouse, may transport them to the retail outlet for which the alcoholic liquors were purchased. The receipt provided by the ABCC warehouse is the written approval provided by the ABCC.7.6. All permits provided for in this rule shall be issued for the period of the calendar year, and the fee therefor shall not be prorated.7.7. A person may transport in this state up to ten (10) gallons of alcoholic liquors not for resale. Any amount of alcohol to be transported that is in excess of ten (10) gallons requires prior written authorization of the Commissioner.