W. Va. Code R. § 175-10-13

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

Section 175-10-13 - Transportation

13.1. A distillery or mini-distillery located in the state of West Virginia may sell and ship alcoholic liquors for wholesale sales, which are for re-sale, outside the state of West Virginia, subject to other states' or jurisdictions' requirements. A micro-distillery is not authorized to sell and ship alcoholic liquors for wholesale sales, which are for re-sale, outside the state of West Virginia. A distillery, mini-distillery, or micro-distillery may not ship alcoholic liquors via U. S. mail or another mail or package service.

13.2. Transportation permits. - Any person, including any common carrier hired by a manufacturer, distillery, mini-distillery, or micro-distillery who transports, for hire, any alcoholic liquors to be sold commercially in quantities in excess of one gallon within, into, or through the State of West Virginia, shall first give a surety bond, approved by the Attorney General as to form and execution, and by the Commissioner as to sufficiency, payable to the State of West Virginia in the penalty of $1,000.00 on condition that the person will exercise the privileges granted by the permit in conformity with the provisions of the Liquor Control Act and the rules of the Commissioner. A bonded person who defaults on condition of the surety forfeits to the state school fund the sum of $100.00 for each breach, recoverable by the ABCA upon motion with 10 days' notice in any court having jurisdiction of the parties. Each person transporting alcoholic liquors, in addition to the bond aforesaid, shall pay the Commissioner an annual fee of $10.00 for the first permit and $1.00 for each duplicate permit issued. In the case of motor carriers for hire, a permit issued by the Commissioner under seal showing that the required bond has been given and the fee paid shall accompany the alcoholic liquors at all times during transportation. In the case of air carriers and rail carriers for hire, a permit issued by the Commissioner under seal showing that the required bond has been given and the fee paid shall be filed in the principal office of such carrier in this state. Any person holding a transportation permit who transports any alcoholic liquors in violation of this rule and the West Virginia Code is subject to all penalties available in the code for each violation. Further, any person holding a transportation permit who transports product for an unlicensed distillery, mini-distillery, or micro-distillery and who fails to verify that the distillery, mini-distillery, or micro-distillery is licensed in West Virginia prior to shipment is subject to all penalties available in the West Virginia Code for each violation.

13.3. Any distillery, mini-distillery, or micro-distillery who has a licensed representative/broker who is licensed under W. Va. Code § 60-4-22 may, by virtue of his or her license, transport within West Virginia any sample bottles of alcoholic liquors labeled as "SAMPLE" for the brands represented by the licensed representative/broker that are deemed to be transported in connection with the purpose for which such license was granted without a transportation permit issued by the Commissioner.

13.4. A licensed distillery, mini-distillery, or micro-distillery may deliver or, upon picking up alcoholic liquors at the ABCA warehouse, may transport them to the distillery, mini-distillery, or micro-distillery in order to use the alcoholic liquors for either on-premises free complimentary samples or for off-premises retail sales for personal consumption and not for resale. The receipt provided by the ABCA warehouse is the written approval provided by the ABCA.

13.5. All permits provided for in this rule shall be issued for the period of the calendar year, and the fee therefor shall not be prorated.

13.6. A person may transport in this state up to 10 gallons of alcoholic liquors not for resale. Any amount of alcohol to be transported that is in excess of 10 gallons requires prior written authorization of the Commissioner.

W. Va. Code R. § 175-10-13