W. Va. Code R. § 175-5-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 175-5-7 - Retail License Application Requirements; Federal Licensing Requirements
7.1. Following the purchase option licensing process and the license bidding procedure for selection of the successful bidders, the successful applicants shall file an "Application For Retail License" form with the Commissioner. In addition to answering the questions asked on the application, the applicant shall attach a copy of its corporate charter or other agreements under which the entity operates to its application, and shall add the name of the market zone and the county.
7.2. A person who purchases alcoholic liquors for resale to retail customers is required to register for and obtain a retail dealer in liquors tax stamp from the TTB. This stamp must be obtained before engaging in any business which will involve the retail sales of alcoholic liquors. As of July 1, 2009, the cost of this tax stamp is two hundred and fifty dollars ($250.00) per year.
7.2.a. Current licensees who are purchase option applicants or who are successful bidders will have an opportunity to have this stamp renewed and the TTB will notify those licensees as to when they must renew.
7.2.b. Purchase option applicants or successful bidders who are not current licensees shall be required to submit Form TTB 5630.5, Special Tax Registration And Return, to TTB, P.O. Box 371962, Pittsburgh, PA 15250-7962 and enclose a check or money order for two hundred fifty dollars ($250.00) to pay the Retail Special Occupation Tax which will result in the issue of a Retail Dealer In Liquors Tax Stamp. This stamp must be purchased and displayed in each retail store before a retail licensee can engage in the retail sale of liquor.
7.3. The Commissioner shall not issue a retail license to an applicant who does not hold a license issued by the TTB pursuant to federal law to sell liquor at wholesale.
7.3.a. Current licensees who are purchase option applicants or successful bidders and who hold a Federal Wholesaler's Permit and Wholesale Dealer In Liquors Tax Stamp will have an opportunity to have this stamp renewed and the TTB will notify those licensees as to when they must renew.
7.3.b. Successful bidders who are not current licensees shall be required to obtain a Wholesaler's Basic Permit by submitting Form TTB 5100.24 Application For Basic Permit Under The Federal Alcohol Administration Act and mailing it to TTB, 550 Main Street, Cincinnati, OH 45202-3263. If this permit is issued, the successful bidder shall submit an TTB Form 5630.5, Special Tax Registration and Return, to qualify for a Wholesale Dealer In Liquors Tax Stamp and mailing it along with a check or money order for five hundred dollars ($500.00) made payable to TTB, P.O. Box 371962, Pittsburgh, PA 15250-7962. Questions about this matter can be answered by telephoning TTB, 1-800-937-8865 at its Cincinnati, OH office.
7.3.c. A "NOTICE TO ALL BIDDERS FOR RETAIL LICENSES -- FEDERAL LIQUOR DEALER PERMITS AND TAX STAMPS REQUIRED" will be provided by the Commissioner.

W. Va. Code R. § 175-5-7