W. Va. Code R. § 175-2-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 175-2-2 - Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed herein, and apply in the singular and in the plural.

2.1 The "ABCA" refers to the West Virginia Alcohol Beverage Control Administration or Commission.

2.2. "Alcoholic liquor" means alcohol, beer, including barley beer, wine, including barley wine and distilled spirits, and any liquid or solid capable of being used as a beverage, but does not include wine with an alcohol content of 14% or less by volume, nonintoxicating beer or nonintoxicating craft beer, or nonintoxicating beverages.

2.3. "Applicant" means a private club applying for a license under the provisions of W. Va. Code § 60-7-1et seq.

2.4. "Beer" means any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more alcohol than that of nonintoxicating beer or nonintoxicating craft beer and shall be included in the definition of "liquor" and "alcoholic liquor", as used in W.Va. Code § 11-16-1et seq.: Provided, That in the Liquor Control Act, "beer" shall not be construed to include or embrace nonintoxicating beer or nonintoxicating craft beer.

2.5. "Code" means the official Code of West Virginia, 1931, as amended.

2.6. "Commissioner" or "Alcohol Beverage Control Commissioner" means the Commissioner of the West Virginia Alcohol Beverage Control Administration (ABCA or Commission) or his or her delegate.

2.7. Commissioner's Forms: "ABCA" form designation means documents used by ABCA.

2.8. "Distilled spirits" means ethyl alcohol, ethanol or spirits, or wine, including all dilutions and mixtures thereof, from whatever source or by whatever process produced, for beverage use including, but not limited to, natural spirits, whiskey, brandy, rum, gin, vodka, cordials, and liqueurs. Any alcoholic beverage containing more than 24% of alcohol by volume shall be deemed to be distilled spirits.

2.9. "Fortified wine" means any wine to which brandy or other alcohol has been added and includes dessert wines which are not fortified and any wine containing greater than 14% alcohol by volume.

2.10. "Growler" means a container or jug that is made of glass (also a 32 ounce glass container, referred to as a howler), ceramic, metal (also a canned type of metal growler referred to as a crowler) or other material approved by the Commissioner, that may be no larger than 128 fluid ounces in size and must be capable of being securely sealed. The growler is utilized by an authorized licensee for purposes of off-premises sales only of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premises and not for resale. A securely sealed growler is not an open container under state and local law. A growler with a broken seal is an open container under state and local law unless it is located in an area of the motor vehicle physically separated from the passenger compartment. The secure sealing of a growler requires the use of a tamper-evident seal, shrink wrap, or other material, as approved by the Commissioner, placed on or over the growler's opening. The seal, shrink wrap, or other material must be clearly marked with the date of the secure sealing by the authorized licensee who is selling the growler. Additional requirements are set forth in W. Va. Code § 60-8-1et seq., for wine growlers, and in W. Va. Code § 60-7-1et seq., and this rule for craft cocktail growlers.

2.11. "Intoxicated" means having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.

2.12. "Nonintoxicating beer" means any beverage, obtained by the fermentation of barley, malt, hops, or similar products or substitute and containing at least one-half of one percent (.5%) alcohol by volume, but not more than 11.9% of alcohol by weight, or 15% by volume, whichever is greater, with no caffeine infusion or any additives masking or altering the alcohol effect. The word "liquor" as used in W. Va. Code § 60-1-1et seq., does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures, or preparations included within this definition. For the purposes of this definition "infusion" means and includes to artificially add, input, or otherwise deliver caffeine or any other additive, not a true flavoring or coloring, that would mask or alter the alcohol effect in nonintoxicating beer.

2.13. "Nonintoxicating craft beer" means any beverage obtained by the natural fermentation of barley, malt, hops, or any other similar product or substitute and containing not less than 5% percent by volume and not more than 15% alcohol by volume or 11.9% alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect. For the purposes of this definition "infusion" means and includes any artificially added, input, or otherwise delivered caffeine or any other additive, not a true flavoring or coloring, that would mask or alter the alcohol effect in nonintoxicating craft beer.

2.14. "Liquor Control Act" means Chapter 60 of the Code.

2.15. "Manager" means an individual who is the applicant's or licensee's on-premises employee, member, partner, shareholder, director, or officer who meets the licensure requirements of W. Va. § 60-7-1et seq. and rules promulgated thereunder who actively manages, conducts, and carries on the day-to-day operations of the applicant or licensee with full and apparent authority or actual authority to act on behalf of the applicant or licensee. Such duties include but are not limited to: coordinating staffing; reviewing and approving payroll; ordering and paying for inventory, such as nonintoxicating beer, wine, and liquor, as applicable; and managing security staff, security systems, video, and other security equipment; and any further acts or actions involved in managing the affairs of the business, on behalf of owners, partners, members, shareholders, officers, or directors.

2.16. "Market zone" means the geographical area designated as such by the Retail Liquor Licensing Board for the purpose of issuing retail liquor outlet licenses.

2.17. "Person" means an individual, firm, partnership, limited partnership, corporation, limited liability company, or voluntary association.

2.18. "Public place" means any place, building, or conveyance to which the public has, or is permitted to have access, including, but not limited to establishments that provide lodging, places that sell food, for consumption on or off the premises including, but not limited to, vessels, parks, airports, and any highway, street, lane, park, or place of public resort or amusement: Provided, That the term "public place" does not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed by the Commissioner to sell alcoholic liquors for consumption on the premises, nor shall the term "public place" mean or include any legally demarcated area designated solely for the consumption of beverages and freshly prepared food that directly connects and adjoins any portion or portions of a premises that qualifies and is licensed under the provisions of Chapter 60 of the West Virginia Code to sell alcoholic liquors for consumption thereupon, which may include certain legally demarcated deck areas or other areas that meet the requirements specified in this proviso and further that legal demarcation includes, but is not limited to, ABCA rules; local ordinances; county zoning requirements; Americans with Disabilities Act requirements; State Fire Marshal requirements; any other applicable laws, including, but not limited to, state and federal law; public safety requirements and so forth: Provided however, That the term "public place" also does not include a facility constructed primarily for the use of a Division I, II, or III college that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer or other Division I, II, or III sports stadium and also which holds a special license to sell wine pursuant to the provisions of W.Va. Code § 60-8-3, in the designated areas of sale and consumption of wine and other restrictions established by that section and the terms of the special license issued thereunder.

2.19. "Private Caterer" means a licensed private club restaurant authorized by the Commissioner to cater and serve food and sell and serve alcoholic liquors, or non-intoxicating beer, or non-intoxicating craft beer. A private caterer shall purchase wine sold or served at a catering event from a wine distributor. A private caterer shall purchase nonintoxicating beer and nonintoxicating craft beer sold or served at the catering event from a licensed beer distributor. A private caterer shall purchase liquor from a retail liquor outlet authorized to sell in the market zone, where the catering event is held. The private caterer or the persons or entity holding the catering event shall:

2.19.1. Have at least 10 members and guests attending the catering event;

2.19.2. Have obtained an open container waiver, be conducted inside a person's private home in accordance with W.Va. Code § 60-6-1, or have otherwise been approved by a municipality or county in which the event is being held;

2.19.3. Operate a private club restaurant on a daily operating basis;

2.19.4. Only use its employees, independent contractors, or volunteers to sell and serve alcoholic liquors who have received certified training in verifying the legal identification, the age of a purchasing person, and the signs of visible, noticeable, and physical intoxication;

2.19.5. Provide to the Commissioner, at least 7 days before the event is to take place:

2.19.5.a. The name and business address of the unlicensed private venue where the private caterer is to provide food and alcohol for a catering event, which can be an unlicensed business or a private home;

2.19.5.b. The name of the owner or operator of the unlicensed private venue;

2.19.5.c. A copy of the contract or contracts between the private caterer, the person contracting with the caterer, and the unlicensed private venue;

2.19.5.d. A floorplan of the unlicensed private venue to comprise the private catering premises, which shall only include spaces in buildings or rooms of an unlicensed private venue where the private caterer has control of the space for a set time period where the space safely accounts for the ingress and egress of the stated members and guests who will be attending the private catering event at or on the catering premises. The unlicensed private venue's floorplan during the set time period as stated in the contract shall comprise the private caterer's licensed premises, which is authorized for the lawful sale, service, and consumption of alcoholic liquors, nonintoxicating beer and nonintoxicating craft beer, and wine throughout the licensed private catering premises; Provided, that the unlicensed private venue shall:

2.19.5.d.1. Be inside a building or structure;

2.19.5.d.2. Have other facilities to prepare and serve food and alcohol;

2.19.5.d.3. Have adequate restrooms, and sufficient building facilities for the number of members and guests expected to attend the private catering event; and

2.19.5.d.4. Otherwise be in compliance with health, fire, safety, and zoning requirements.

2.19.6. Not hold more than 15 private catering events per calendar year. Upon reaching the 16th event, the unlicensed venue shall obtain its own private club license type;

2.19.7. Submit to the Commissioner, evidence that any noncontiguous area of an unlicensed venue is within 150 feet of the private caterer's submitted floorplan, and may submit a floorplan extension for authorization to permit alcohol and food at an outdoor event;

2.19.8. Meet and be subject to all other private club requirements, as applicable; and

2.19.9. Use an age verification system approved by the Commissioner.

2.20. "Private club" means any corporation, limited liability company, or unincorporated association which either:

2.20.1. Belongs to or is affiliated with a nationally recognized fraternal or veterans organization that is operated exclusively for the benefit of its members and pays no part of its income to its shareholders or individual members; owns or leases a building or other premises such as vessels, parks, and airports; admits only duly elected or approved dues paying members in good standing of such corporation or association and their guests while in the company of a member and does not admit the general public; and maintains in said building or premises a suitable kitchen and dining facility with related equipment for serving food to members and their guests; or

2.20.2. Is a nonprofit social club operated exclusively for the benefit of its members; pays no part of its income to its shareholders or individual members; owns or leases a building or other premises; grants admission to only duly elected or approved dues paying members in good standing of such corporation or association and their guests while in the company of a member and does not allow admission of the general public; and maintains in said building or on said premises a suitable kitchen and dining facility with related equipment for serving food to members and their guests; or

2.20.3. Is organized and operated for legitimate purposes and has at least 100 duly elected or approved dues paying members in good standing; owns or leases a building or other premises, including any vessel licensed or approved by any federal agency to carry or accommodate passengers on navigable waters of this State; admits only duly elected or approved dues paying members in good standing of such corporation or association and their guests while in the company of a member and does not admit the general public; maintains in said building or on said premises a suitable kitchen and dining facility with related equipment and employs a sufficient number of persons for serving meals to members and their guests; or

2.20.4. Is organized for legitimate purposes and owns or leases a building or other limited premises in any state, county, or municipal park or at any airport, in which building or premises a club has been established; grants admission to only duly elected and approved dues paying members in good standing and their guests while in the company of a member and does not admit the general public; maintains in connection with said club a suitable kitchen and dining facility and related equipment; and employs a sufficient number of persons for serving meals in said club to their members and guests.

2.21. "Private club bar" means an applicant for a private club or licensed private club licensee that has a primary function for the use of the licensed premises as a bar for the sale and consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer when licensed for such sales, while providing a limited food menu for members and guests, and meeting the following criteria which:

2.21.1. Has at least 100 members;

2.21.2. Operates a bar with a kitchen, including at least:

2.21.2.a. A two-burner hot plate, air fryer, or microwave oven;

2.21.2.b. A sink with hot and cold running water;

2.21.2.c. A 17 cubic foot refrigerator or freezer, or some combination of a refrigerator and freezer, which is not used for alcohol cold storage;

2.21.2.d. Kitchen utensils and other food consumption apparatus, as determined by the Commissioner; and

2.21.2.e. Food fit for human consumption available to be served during all hours of operation on the licensed premises;

2.21.3. Maintains, at any one time, $500 of food inventory capable of being prepared in the private club bar's kitchen. In calculating the food inventory, the Commissioner shall include television dinners, bags of chips or similar products, microwavable food or meals, frozen meals, prepackaged foods, or canned prepared foods;

2.21.4. Uses an age verification system approved by the Commissioner for the purpose of verifying that persons under the age of 18 who are in the private club bar are accompanied by a parent or legal guardian, and if a person under 18 years of age is not accompanied by a parent or legal guardian that person may not be admitted as a guest; and

2.21.5. Meets and is subject to all other private club requirements.

2.22. "Private club restaurant" means an applicant for a private club or licensed private club licensee that has a primary function of using the licensed premises as a restaurant for serving freshly prepared meals and dining in the restaurant area. The private club restaurant may have a bar area separate from or commingled with the restaurant, however seating requirements for members and guests must be met by the restaurant area. The applicant for a private club restaurant license shall meet the following criteria which:

2.22.1. Has at least 100 members;

2.22.2. Operate a restaurant and full kitchen with at least:

2.22.2.a. Ovens and four-burner ranges;

2.22.2.b. Refrigerators or freezers, or some combination of refrigerators and freezers, greater than 50 cubic feet, or a walk-in refrigerator or freezer;

2.22.2.c. Other kitchen utensils and apparatus, as determined by the Commissioner; and

2.22.2.d. Freshly prepared food fit for human consumption available to be served during all hours of operation on the licensed premises;

2.22.3. Maintains a fresh food inventory capable of being prepared in the private club restaurant's full kitchen; and

2.22.4. Uses an age verification system approved by the Commissioner for the purpose of verifying that persons under 18 years of age who are in the bar area of a private club restaurant are accompanied by a parent or legal guardian. The licensee may not seat a person in the bar area who is under the age of 18 years and who is not accompanied by a parent or legal guardian, but may allow that person, as a guest, to dine for food and nonalcoholic beverage purposes in the restaurant area of a private club restaurant;

2.22.5. Corkage Fee:

2.22.5.a. May uncork and serve members and guests up to two bottles of wine that a member purchased when the purchase is for personal use and, not for resale.

2.22.5.b. May charge a corkage fee of up to $10 dollars per bottle.

2.22.5.c. May not permit a member or a group of members and guests to exceed up to two sealed bottles or containers of wine to carry onto the licensed premises for uncorking and serving by the private club restaurant and for personal consumption by the member and guests.

2.22.5.d. May cork and reseal any unconsumed wine bottles as provided in W. Va. Code § 60-8-3(j) and the legislative rules, for carrying unconsumed wine off the licensed premises.

2.22.6. Must have at least two restrooms for members and their guests: Provided, that this requirement may be waived by the local health department upon supplying a written waiver of the requirement to the Commissioner: Provided, however, that the requirement may also be waived for a historic building by written waiver supplied to Commissioner of the requirement from the historic association or district with jurisdiction over a historic building: Provided, further that in no event shall a private club restaurant have less than one restroom; and

2.22.7. Shall meet and be subject to all other private club requirements.

2.23. "Private farmers market" means an applicant for a private club or licensed private club licensee that operates as an association of bars, restaurants, and retailers who sell West Virginia made products among other products, and other stores who open primarily during daytime hours of 6:00 a.m. to 6:00 p.m., but may operate in the day or evenings for special events where the sale of food and alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer may occur for on-premises consumption, such as reserved weddings, reserved dinners, pairing events, tasting events, reunions, conferences, meetings, or other special events and does not maintain daily or regular operating hours as a bar or restaurant, and all business that are members of the association have agreed in writing to be liable and responsible for all sales, service, furnishing, tendering, and consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer occurring on the entire licensed premises of the private farmer's market, including indoor and outdoor bounded areas, and further the applicant shall:

2.23.1. Have at least 100 members;

2.23.2. Have one or more members operating a private club restaurant and full kitchen with ovens, four-burner ranges, a refrigerator, or freezer (or some combination of the two), and other kitchen utensils and apparatus as determined by the Commissioner on the licensed premises and serves freshly prepared food at least 15 hours per week;

2.23.3. Have one or more members operating who maintains a fresh food inventory capable of being prepared for events conducted at the private farmers market in the private club restaurant's full kitchen;

2.23.4. Have an association that owns or leases, controls, operates, and uses acreage amounting to more than one acre, which is contiguous acreage of bounded or fenced real property which would be listed on the licensee's floorplan and would be used for large contracted for reserved weddings, reserved dinners, pairing events, tasting events, reunions, conferences, meetings, or other special events;

2.23.5. Have an association that lists in the application for licensure the entire property and all adjoining buildings and structures on the private farmers market's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private farmers market's licensed premises and as noted on the private farmers market's floorplan;

2.23.6. Have an identified person, persons, or entity that has right, title, and ownership or lease interest in the real property buildings and structures located on the proposed licensed premises;

2.23.7. Have at least two separate and unrelated vendors applying for the license and certifying that all vendors in the association have agreed to the liability, and responsibility associated with a private farmers market license;

2.23.8. Only use its employees, independent contractors, or volunteers to purchase, sell, furnish, or serve liquor, wine, or nonintoxicating beer or nonintoxicating craft beer;

2.23.9. Provide adequate restroom facilities, whether permanent or portable, to serve the stated members and guests who will be attending the private farmers market;

2.23.10. Provide a copy of a written agreement between all the vendors of the association that is executed by all vendors stating that each vendor is jointly and severally liable for any violations of this chapter committed during the event;

2.23.11. Provide a security plan indicating all vendor points of service, entrances, and exits in order to verify members, patrons, and guests ages, whether a member, patron, or guest is intoxicated and to provide for the public health and safety of members, patrons, and guests;

2.23.12. Use an age verification system approved by the Commissioner; and

2.23.13. Meet and be subject to all other private club requirements.

2.24. "Private fair and festival" means an applicant for a private club or a licensed private club meeting the requirements of W. Va. Code § 60-7-8a for a temporary private club event or Class S2 license, and the criteria set forth in this subsection which:

2.24.1. Has at least 100 members;

2.24.2. Has been sponsored, endorsed, or approved, in writing, by the governing body (or its duly elected or appointed officers) of either the municipality or of the county wherein the festival, fair, or other event is to be conducted;

2.24.3. Shall prepare, provide, or engage a food caterer to provide adequate freshly prepared food or meals to serve its stated members and guests who will be attending the temporary festival, fair, or other event, and further shall provide any documentation or agreements of such to the Commissioner prior to approval;

2.24.4. Shall not use third-party entities or individuals to purchase, sell, furnish, or serve alcoholic liquors (liquor and wine), nonintoxicating beer, or nonintoxicating craft beer;

2.24.5. Shall provide adequate restroom facilities, whether permanent or portable, to serve the stated members and guests who will be attending the festival, fair, or other event;

2.24.6. Shall provide a floorplan for the proposed premises with a defined and bounded area to safely account for the ingress and egress of stated members and guests who will be attending the festival, fair, or other event; and

2.24.7. Utilizes an age verification system approved by the Commissioner.

2.25. "Private hotel" means an applicant for a private club or licensed private club licensee which:

2.25.1. Has at least 2,000 members;

2.25.2. Offers short-term, daily rate accommodations or lodging for members and their guests amounting to at least 30 separate bedrooms, and also offers a conference center for meetings;

2.25.3. Operates a restaurant and full kitchen with ovens, four-burner ranges, walk-in freezers, and other kitchen utensils and apparatus, as determined by the Commissioner, on the licensed premises and serves freshly prepared food at least 20 hours per week;

2.25.4. Maintains, at any one time, $2,500.00 of fresh food inventory capable of being prepared in the private hotel's full kitchen, and in calculating the food inventory the Commissioner may not include microwavable, frozen, or canned foods;

2.25.5. Owns or leases, controls, operates, and uses acreage amounting to more than one acre but fewer than three acres, which are contiguous acres of bounded or fenced real property which would be listed on the licensee's floorplan and would be used for hotel and conferences and large contracted for group-type events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

2.25.6. Lists in the application the acreage referenced in subsection 2.25.5. and the entire property and all adjoining buildings and structures on the private hotel's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private hotel's licensed premises and as noted on the private hotel's floorplan;

2.25.7. Has an identified person, persons, or entity that has right, title and ownership or lease interest in the real property buildings and structures located on the proposed licensed premises; and

2.25.8. Utilizes an age verification system approved by the Commissioner.

2.26. "Private resort hotel" means an applicant for a private club or licensed private club licensee which:

2.26.1. Has at least 5,000 members;

2.26.2. Offers short-term, daily rate accommodations or lodging for members and their guests amounting to at least 50 separate bedrooms;

2.26.3. Operates a restaurant and full kitchen with ovens, six-burner ranges, walk-in freezers, and other kitchen utensils and apparatus, as determined by the Commissioner, on the licensed premises and serves freshly prepared food at least 25 hours per week;

2.26.4. Maintains, at any one time, $5,000 of fresh food inventory capable of being prepared in the private resort hotel's full kitchen, and in calculating the food inventory the Commissioner may not include microwavable, frozen, or canned foods;

2.26.5. Owns or leases, controls, operates, and uses acreage amounting to at least 10 contiguous acres of bounded or fenced real property which would be listed on the licensee's floorplan and would be used for destination, resort, and large contracted for group-type events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

2.26.6. Lists the entire property from subsection 2.26.5. and all adjoining buildings and structures on the private resort hotel's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private resort hotel's licensed premises and as noted on the private resort hotel's floorplan;

2.26.7. Has an identified person or persons or entity that has right, title, and ownership or lease interest in the real property buildings and structures located on the proposed licensed premises;

2.26.8. Utilizes an age verification system approved by the Commissioner; and

2.26.9. May have a separately licensed resident brewer with a brewpub license inner-connected via a walkway, doorway, or entryway, all as determined and approved by the Commissioner, for limited access during permitted hours of operation for tours and complimentary samples at the resident brewery.

2.27. "Private golf club" means an applicant for a private club or licensed private club licensee which:

2.27.1. Has at least 100 members;

2.27.2. Maintains at least one 18-hole golf course with separate and distinct golf playing holes, not reusing nine golf playing holes to comprise the 18 golf playing holes, and a clubhouse;

2.27.3. Operates a restaurant and full kitchen with ovens, as determined by the Commissioner, on the licensed premises and serves freshly prepared food at least 15 hours per week;

2.27.4. Owns or leases, controls, operates, and uses acreage amounting to at least 80 contiguous acres of bounded or fenced real property which would be listed on the private golf club's floorplan and could be used for golfing events and large contracted for group-type events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

2.27.5. Lists the entire property from subsection 2.27.4. and all adjoining buildings and structures on the private golf club's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private golf club's licensed premises and as noted on the private golf club's floorplan;

2.27.6. Has an identified person or persons or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises; and

2.27.7. Utilizes an age verification system approved by the Commissioner.

2.28. "Private manufacturer club" means an applicant for a private club or licensed private club licensee which is also licensed as a distillery, mini-distillery, micro-distillery, winery, farm winery, brewery, or resident brewery that manufacturers liquor, wine, or nonintoxicating beer or nonintoxicating craft beer, which may be sold, served, and furnished to members and guests for on-premises consumption at the licensee's licensed premises and in the area or areas denoted on the licensee's floorplan, and which meets the following criteria which:

2.28.1. Has at least 100 members;

2.28.2. Offers tours, may offer complimentary samples, and may offer space as a conference center or for meetings;

2.28.3. Operates a restaurant and full kitchen with ovens, four-burner ranges, a refrigerator, freezer, or some combination of a refrigerator and freezer, and other kitchen utensils and apparatus as determined by the Commissioner on the licensed premises and serves freshly prepared food at least 15 hours per week;

2.28.4. Maintains a fresh food inventory capable of being prepared in the private manufacturer club's full kitchen;

2.28.5. Owns or leases, controls, operates, and uses acreage amounting to at least one acre which is contiguous bounded or fenced real property that would be listed on the licensee's floorplan and may be used for large events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

2.28.6. Lists the entire property from subsection 2.28.5., and all adjoining buildings and structures on the private manufacturer club's floorplan that would comprise the licensed premises, which would be authorized for the lawful sale, service, and consumption of alcoholic liquors, nonintoxicating beer or nonintoxicating craft beer, and wine throughout the licensed premises, whether these activities were conducted in a building or structure or outdoors while on the private manufacturer club's licensed premises, and as noted on the private manufacturer club's floorplan;

2.28.7. Identifies a person, persons, an entity, or entities who or which has right, title, and ownership or lease interest in the real property, buildings, and structures located on the proposed licensed premises;

2.28.8. Uses an age verification system approved by the Commissioner; and

2.28.9. Meets and is subject to all other private club requirements.

2.29. "Private multi-sport complex" means an applicant for a private club or licensed private club licensee that is open for multiple sports events to be played at the complex facilities, reserved weddings, concerts, reunions, conferences, meetings, or other special events, and which:

2.29.1. Has at least 100 members;

2.29.2. Maintains an open air multi-sport complex primarily for use for sporting events, such as baseball, soccer, basketball, tennis, frisbee, quidditch, curling, or other sports, but may also conduct weddings, concerts, reunions, conferences, meetings, or other events where parties must reserve the parts of the sports complex in advance of the sporting or other event;

2.29.3. Operates a restaurant and full kitchen with ovens in the licensee's main facility, as determined by the Commissioner, on the licensed premises and capable of serving freshly prepared food, or meals to serve its stated members, guests, and patrons who will be attending the event at the private multi-sport complex. A licensee may contract with temporary food vendors or food trucks for food sales only, but not on a permanent basis, in areas of the multi-sport complex not readily accessible by the main facility, such food vendor or food truck contracts must be approved by the Commissioner;

2.29.4. Maintains, at any one time, $1,000 of fresh food inventory capable of being prepared in the private multi-sport complex's full kitchen. In calculating the food inventory, the Commissioner may not include television dinners, bags of chips, or similar products, microwavable meals, frozen meals, prepackaged foods, or canned prepared foods;

2.29.5. Owns or leases, controls, operates, and uses acreage amounting to at least 50 contiguous acres of bounded or fenced real property, as determined by the Commissioner, which would be listed on the private multi-sport complex's floorplan and could be used for contracted for sporting events, group-type weddings, concerts, reunions, conferences, meetings, or other events;

2.29.6. Lists the entire property from subsection 2.29.5., and all adjoining buildings and structures on the private multi-sport complex's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private multi-sport complex's licensed premises and as noted on the private multi-sport complex's floorplan. The licensee may sell alcoholic liquors from a golf cart or food truck owned or leased by the licensee and also operated by the licensee when the golf cart or food truck is located on the private multi-sport complex's licensed premises;

2.29.7. Has an identified person, persons, or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises;

2.29.8. Meets and is subject to all other private club requirements; and

2.29.9. Uses an age verification system approved by the Commissioner.

2.30. "Multi-vendor private fair and festival" means a special license designated Class S3 private multivendor fair and festival license for the retail sale of liquor, wine, and nonintoxicating beer or nonintoxicating craft beer for on-premises consumption at an event where multiple vendors shall share liability and responsibility, and apply for this license. Each vendor may temporarily purchase, sell, furnish, or serve liquor, wine, and nonintoxicating beer or nonintoxicating craft beer as provided in this section.

2.30.1. To be eligible for the private multivendor fair and festival or other event shall:

2.30.1.a. Have at least two separate and unrelated vendors applying for the license and certifying that at least 100 members will be in attendance;

2.30.1.b. Provide freshly prepared and provide food or meals, or engage a food vendor to prepare and provide adequate freshly prepared food or meals to serve its stated members and guests who will be attending the temporary festival, fair, or other event, and provide any written documentation or agreements of the food caterer to the Commissioner prior to approval of the license;

2.30.1.c. Only use its employees, independent contractors, or volunteers to purchase, sell, furnish, or serve liquor, wine, and nonintoxicating beer or nonintoxicating craft beer;

2.30.1.d. Provide adequate restroom facilities, whether permanent or portable, to serve the stated members and guests who will be attending the private multi-vendor festival, fair, or other event;

2.30.1.e. Require all vendors to be jointly and severally liable for any improper acts or conduct committed during the multi-vendor festival or fair event;

2.30.1.f. Provide a security plan indicating all vendor points of service, entrances, and exits in order to verify members', patrons', and guests' ages, and whether a member, patron, or guest is intoxicated, to provide for the public health and safety of members, patrons, and guests;

2.30.1.g. Provide a floorplan for the proposed premises with one defined and bounded indoor and/or outdoor area to safely account for the ingress and egress of stated members, patrons, and guests who will be attending the festival, fair, or other event, and the floorplan that would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of liquor, wine, and nonintoxicating beer or nonintoxicating craft beer throughout the licensed premises whether these activities were conducted in a building or structure, or outdoors while on the licensed premises and as noted on the floorplan;

2.30.1.h. Meet and be subject to all other private club requirements; and

2.30.1.i. Use an age verification system approved by the Commissioner.

2.31. "Private nine-hole golf course" means an applicant for a private club or licensed private club licensee meeting the criteria set forth in this subsection which:

2.31.1. Has at least 50 members;

2.31.2. Maintains at least one nine-hole golf course with separate and distinct golf playing holes;

2.31.3. Operates a restaurant and full kitchen with ovens, as determined by the Commissioner, on the licensed premises and serves freshly prepared food at least 15 hours per week;

2.31.4. Owns or leases, controls, operates, and uses acreage amounting to at least 30 contiguous acres of bounded or fenced real property which would be listed on the private nine-hole golf course's floorplan and could be used for golfing events and large contracted for group-type events such as weddings, reunions, conferences, meetings, and sporting or recreational events;

2.31.5. Lists the entire property from subsection 2.31.4. and all adjoining buildings and structures on the private nine-hole golf course's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private nine-hole golf course's licensed premises and as noted on the private nine-hole golf course's floorplan;

2.31.6. Has an identified person, persons, or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises; and

2.31.7. Utilizes an age verification system approved by the Commissioner.

2.32. "Private professional sports stadium" means an applicant for a private club or licensed private club licensee that is only open for professional sporting events when such events are affiliated with or sponsored by a professional sporting association, reserved weddings, reunions, conferences, meetings, or other special events and does not maintain daily or regular operating hours as a bar or restaurant. The licensee may not sell alcoholic liquors when conducting or hosting non-professional sporting events, and further the applicant shall:

2.32.1 Have at least 1000 members;

2.32.2. Maintain an open air or closed air stadium venue primarily used for sporting events, such as football, baseball, soccer, auto racing, or other professional sports, and also weddings, reunions, conferences, meetings, or other events where parties must reserve the stadium venue in advance of the event;

2.32.3. Operate a restaurant and full kitchen with ovens, as determined by the Commissioner, on the licensed premises and capable of serving freshly prepared food, or meals to serve its stated members, guests, and patrons who will be attending the event at the private professional sports stadium;

2.32.4. Own or lease, control, operate, and use acreage amounting to at least 3 contiguous acres of bounded or fenced real property, as determined by the Commissioner, which would be listed on the professional sports stadium's floorplan and could be used for contracted for professional sporting events, group-type weddings, reunions, conferences, meetings, or other events;

2.32.5. List the entire property from subsection 2.32.4., and all adjoining buildings and structures on the private professional sports stadium's floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private professional sports stadium's licensed premises and as noted on the private professional sports stadium's floorplan;

2.32.6. Have an identified person, persons, or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises;

2.32.7. Meet and be subject to all other private club requirements; and

2.32.8. Use an age verification system approved by the Commissioner.

2.33. "Private tennis club" means an applicant for a private club or licensed private club licensee meeting the criteria set forth in this subsection which:

2.33.1. Has at least 100 members;

2.33.2. Maintains at least four separate and distinct tennis courts, either indoor or outdoor, and a clubhouse or similar facility;

2.33.3. Has a restaurant and full kitchen with ovens, as determined by the Commissioner, on the licensed premises and is capable of serving freshly prepared food;

2.33.4. Owns or leases, controls, operates, and uses acreage amounting to at least two contiguous acres of bounded or fenced real property which would be listed on the private tennis club's floorplan and could be used for tennis events and large events such as weddings, reunions, conferences, tournaments, meetings, and sporting or recreational events;

2.33.5. Lists the entire property from subsection 2.33.4., and all adjoining buildings and structures on the private tennis club's floorplan that would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private tennis club's licensed premises and as noted on the private tennis club's floorplan;

2.33.6. Has identified a person, persons, an entity, or entities who or which has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises;

2.33.7. Meets and is subject to all other private club requirements; and

2.33.8. Uses an age verification system approved by the Commissioner.

2.34. "Private wedding venue or barn" means an applicant for a private club or licensed private club licensee that is only open for reserved weddings, reunions, conferences, meetings, or other events and does not maintain daily or regular operating hours, and which:

2.34.1. Has at least 25 members;

2.34.2. Maintains a venue, facility, barn, or pavilion primarily used for weddings, reunions, conferences, meetings, or other events where parties must reserve or contract for the venue, facility, barn, or pavilion in advance of the event;

2.34.3. Operates a restaurant and full kitchen with ovens, as determined by the Commissioner, on the licensed premises and is capable of serving freshly prepared food, or may engage a food caterer to provide adequate freshly prepared food or meals to serve its stated members, guests, and patrons who will be attending the event at the private wedding venue or barn. The applicant or licensee shall provide written documentation including a list of food caterers or written agreements regarding any food catering operations to the Commissioner prior to approval of a food catering event;

2.34.4. Owns or leases, controls, operates, and uses acreage amounting to at least two contiguous acres of bounded or fenced real property. The applicant or licensee shall verify that, the property is less than two acres and is remotely located, subject to the Commissioner's approval. The bounded or fenced real property may be listed on the private wedding venue's floorplan and may be used for large events such as weddings, reunions, conferences, meetings, or other events;

2.34.5. Lists the entire property from subsection 2.34.4., and all adjoining buildings and structures on the private wedding venue or barn's floorplan that would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private wedding venue or barn's licensed premises and as noted on the private wedding venue or barn's floorplan;

2.34.6. Has an identified person, persons, or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises;

2.34.7. Meets and is subject to all other private club requirements; and

2.34.8. Uses an age verification system approved by the Commissioner.

2.35. "Record" means any manner of recording from which a transcript can be made.

2.36. "Retail liquor store" means the establishment where the private club is authorized to purchase alcoholic liquors. Such retail liquor store must be licensed to sell alcoholic liquors in the original package for consumption off the premises, to the public in West Virginia by the Commissioner as authorized by either W. Va. Code § 60-3-1et seq. or W. Va. Code § 60-3A-1et seq.

2.37. "Sale" means any transfer or exchange of goods or services, in exchange for money, currency, checks, credit cards, or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent, or employee.

2.38. "Selling" includes solicitation or receipt of orders, possession for sale, and possession with intent to sell.

2.39. "Wine" means any beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar and includes, but is not limited to, still wines, champagne, and other sparkling wines, carbonated wines, imitation wines, vermouth, hard cider, perry, sake, or other similar beverages offered for sale or sold as wines containing not less than 0.5 percent nor more than 24% alcohol by volume (See 175 CSR 4 - Sale of Wine).

W. Va. Code R. § 175-2-2