W. Va. Code R. § 175-5-13

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

Section 175-5-13 - License Bidding Procedure and the Current Licensee's Preference and the Current Licensee's right to match highest bidder

13.1. In determining the highest bidder for purposes of W. Va. Code § 60-3A-10b, and 175 CSR 5-10, the Board shall apply a current licensee preference and a current licensee's right to match the highest bidder's bid price. Any current licensee who fails to submit the minimum bid amount specified by the Board for its active retail license or who is not operating a retail outlet for which he or she is authorized under his or her current license is not eligible for the current license preference or the right to match the highest bidder's bid price.

13.2. No current licensee preference or right to match shall reduce a bid below the minimum bid established by the Board.

13.3. Current licensee preference.

13.3.a. An unsuccessful bidder who is a current licensee and meets the Code and the rule's requirements shall have a 5% current licensee preference for a retail license it holds and operates.

13.3.b. The 5% current licensee preference for a current licensee who is an unsuccessful bidder shall be computed by subtracting 5% of the highest bid price from that bid price. For any bidder who qualifies for the West Virginia resident bidder preference and who is also a current licensee, this preference shall be an additional 5% preference.

13.4. Current licensee's right to match the highest bidder's bid price.

13.4.a. An unsuccessful bidder who is a current and active retail licensee, submitted a bid higher than the minimum bid and who after applying all preferences remains an unsuccessful bidder, shall have the right to match the highest bid for its active retail license subject to complying with the requirements of this rule and W. Va. Code §§ 60-3A-1, et seq. and 60-3A-10b(e).

13.5. The Commissioner will provide a guideline entitled "Current Licensee Preferences" for bidders seeking a current licensee preference and a current licensee right to match.

W. Va. Code R. § 175-5-13