W. Va. Code R. § 175-4-15

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

Section 175-4-15 - Refusal, Suspension or Revocation of License

15.1. Refusal, suspension or revocation of license; applicant or licensee not a suitable person. -- W. Va. Code §60-8 requires that the Commissioner refuse a license to any applicant if he finds that "such applicant is not a suitable person." The Commissioner may refuse to issue a license to any applicant or may revoke or suspend the license of any licensee whom he or she affirmatively finds not to be of good reputation in the community where the license was sought or granted. In considering whether a person is "not a suitable person," the Commissioner may take into account other factors, including those factors described in Section 4.11, 5.7, 6.8, 7.8, 8.8 or 9.10 of this rule in addition to the reputation of such person in the community where licensure was sought or granted. This rule includes a person who manages or conducts the affairs of the applicant or licensee.

15.2. Refusal, suspension or revocation of license; premises not a suitable place. -- If the Commissioner finds that the licensed premises or the premises for which licensure is sought is not a "Suitable Place," fails to meet the requirements of any law, rule or regulations of this state or of the United States, is in violation of any zoning ordinance for which no variance has been granted or that illegal activities are occurring or are allowed to occur at the premises, the Commissioner may refuse the application for licensure, suspend or revoke any the licensee's license, or may grant a reasonable time within which to correct any violation or condition.

15.3. Refusal, suspension or revocation of license; disqualification of beneficial owner or of persons managing or conducting affairs of applicant or licensee. -- When, by the provisions of any law, rule or regulation, a person is prohibited from owning any interest in a distributor, a licensed retailer or a private wine restaurant, the prohibition extends and includes any beneficial interest in the licensed distributor, licensed retailer, licensed private wine restaurant or any other licensee. The Commissioner may refuse to license or suspend or revoke a license at any time he or she finds that a person so prohibited is, in fact, a true and actual owner or part owner in a distributor, licensed retailer, private wine restaurant or any other licensee. Limitations as to ownership also apply to persons who actually, in whole or part, manage or conduct the affairs for which licensure was sought or granted. The true, beneficial and actual ownership, management or the conducting of the affairs of a licensed person, firm or corporation held, controlled, managed or conducted by persons not permitted so to do pursuant to either federal or state law, rule or regulation, is grounds for immediate revocation of the license.

15.4. Dual ownership prohibited. -- No person, including the spouse, unemancipated child or a child residing in the parent's home may be licensed or own an interest, including any beneficial interest, simultaneously as a distributor and as a licensed retailer, as a direct shipper, private wine bed and breakfast, private wine restaurant, private wine spa and a distributor, or as a licensed retailer and as a private wine bed and breakfast, private wine restaurant, private wine spa or private club.

15.5. Alcohol Beverage Control Commissioner employees prohibited from ownership in a private wine bed and breakfast, private wine restaurant, private wine spa, private club licensed retailer, direct shipper, supplier or distributor. The Alcohol Beverage Control Commissioner, any employee of the Alcohol Beverage Control Commissioner may not have, hold or own any interest of whatsoever nature or kind, beneficial or otherwise, in any licensed retailer, direct shipper, supplier, distributor, private wine bed and breakfast, private wine restaurant, or private wine spa, spouse or unemancipated child or any child residing in his or her own residence regardless of age.

15.6. Management or conduct of affairs of licensee by certain persons prohibited. -- No person may be licensed as either a distributor, supplier, direct shipper or retailer if he or she allows or permits another person to conduct or manage in any way or in any capacity, in whole or in part, the affairs of the applicant when either of such the other person has:

(a) been convicted of a felony or other crime involving moral turpitude within three (3) years next preceding the date upon which the application is filed,

(b) been convicted in a court of record of violating the liquor laws of any state or the United States within two (2) years next preceding the date upon which the application is filed, or

(c) had any license revoked pursuant to W. Va. Code chapter 60 or under the liquor laws of any other state within five (5) years next preceding the date upon which the application is filed. The Commissioner shall determine whether the applicant or the other person is in compliance with this subsection based upon the substantial duties of the person in question and not upon the title or other extraneous factors relating thereto.

15.6.a. This rule applies only to the extent that the person, firm or corporation seeking or attaining licensure has employed or engaged another in:

15.6.a.1. The sale or distribution of wine,

15.6.a.2. The acquisition of wine, or

15.6.a.3. Managing in any substantial way or conducting the affairs of the applicant or license renewal.

15.6.b. This rule applies to all license renewals and a violation of its provisions during any period of which licensure has been granted shall be grounds for immediate revocation.

15.7. Refusal, suspension or revocation of license. -- The Commissioner may refuse to license or may suspend or revoke the license of any supplier, distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club whom he or she finds not to be in compliance with the provisions of any law, rule or regulation of the United States or of this state relating to the sale or distribution of wine.

W. Va. Code R. § 175-4-15