W. Va. Code R. § 175-5-11

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

Section 175-5-11 - License Bidding Procedure

11.1. The issuance of retail licenses shall be based on sealed competitive bids which have been submitted on Bid Forms which have been completed in accordance with written instructions from the Commissioner.

11.1.a. A "BID FORM" and a 2-page "INSTRUCTIONS TO COMPLETE BID FORM" will be provided by the Commissioner.

11.1.b. Bidders submitting bids on forty-five (45) or more of the authorized retail stores shall submit in the bid package a prioritized list of the stores in numerical order for which they have bid. In the event that such bidders are not successful bidders on any of their listed, prioritized stores, such stores shall be removed from the list in descending order, and may be replaced in ascending order with any retail stores listed above number forty-five (45) on their list and for which they are successful bidders.

11.2. Each person desiring to submit a bid shall file the bid with the Commissioner or his or her designee at a date, time and location specified by the Commissioner in the bid information packet. The Commissioner or his or her designee will safeguard the bids and will conduct the opening of the bids on a date and time specified by the Commissioner. The Commissioner or his or her designee will also determine if the bids have been submitted in compliance with the bidding requirements established by the provisions of W. Va. Code §§ 60-3A-1, et seq., 60-3A-10, 60-3A-10a and 60-3A-10b.

11.2.a. The failure to deliver or the nonreceipt of a bid prior to the appointed date and hour constitutes sufficient reason for the rejection of a bid. After the bid opening process is completed, the Commissioner or his or her designee, shall, by Affidavit, certify the name of each bidder, the correct amount bid after adjusting for each applicable preference, and whether the bid was submitted timely and in correct form. The Commissioner's designee shall have a secure and bonded delivery firm or its own employees securely deliver all of the bids and the Affidavits to the Commissioner's office.

11.2.b. After the award of the retail license, the Commissioner shall indicate upon the successful bid that it was the successful bid. Thereafter, a copy of the bid and the bidder's application shall be maintained as a public record in the Commissioner's office. It shall be open to public inspection during normal business hours of the Commissioner. These documents shall not be destroyed without the written consent of the Legislative Auditor.

11.3. The Commissioner shall notify the successful bidders of their winning bids and of the deadline for bid payment which shall be by certified mail, return receipt requested, by express delivery with delivery confirmation or by personal service in accordance with Rule 4, West Virginia Rules of Civil Procedure for Trial Courts of Record, the provisions of which are incorporated into this rule by reference.

11.3.a. If the successful bidder fails to pay to the Commissioner the bid price within the deadline date specified by the Commissioner, the bid bond provided for in W. Va. Code § 60-3A-11 and 175 CSR 5-12 shall be forfeited and the bidder shall not be issued the retail license and be prohibited from bidding on or purchasing a retail license for any ten year license period.

11.3.b. A bid bond shall not be forfeited but shall be released if a purchase option applicant or the successful bidder fails to qualify for the Federal Wholesaler's Basic Permit or the wholesale dealer in liquors tax stamp and the retail dealer in liquors tax stamp, unless the bidder provided false information to the federal government or to the Commissioner and such false information was the basis for denial of the basic permit in which case the bid bond shall be forfeited.

11.3.c. In either event, the Commissioner shall issue the retail license to the next highest bidder for the retail license or reject all bids and rebid the license in accordance with the bid procedures contained in the provisions of W. Va. Code §§ 60-3A-1, et seq., 60-3A-10, 60-3A-10a, 60-3A-10b and this rule.

11.4. The successful bidder shall remit the bid price and the annual retail license fee, as specified in W. Va. Code § 60-3A-10(e), to the Commissioner by electronic funds transfer, money order, certified check, or cashier's check. Payment must be received in the Commissioner's office no later than the date and time specified by the Commissioner in the bid information packet. In the event that the Board determines that a necessity exists to require additional bids, then bids will be taken pursuant to the provisions of W. Va. Code § 60-3A-1, et seq., and this rule.

11.5. In the event two (2) more bids for the same retail license are for the same amount, the following procedure will be followed to determine the successful bidder.

11.5.a. The bidders shall be notified to meet at the Commissioner's office at a specified date and time.

11.5.b. At the time of the meeting the names of the affected bidders shall be written on individual slips of paper, and placed in a hat or similar container.

11.5.c. The Commissioner shall then draw from the hat one of the pieces of paper and the bidder named thereon shall be declared the successful bidder.

W. Va. Code R. § 175-5-11