W. Va. Code R. § 175-10-15

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

Section 175-10-15 - Revocation, hearing and appeals

15.1. The Commissioner may revoke a license upon a finding that:

(a) the a distillery, mini-distillery, micro-distillery, or licensed representative/broker is not a suitable person or involves unsuitable persons;

(b) the place occupied by the distillery, mini-distillery, or micro-distillery is not a suitable place;

(c) the distillery, mini-distillery, or micro-distillery has violated a provision of Chapter 60 of the West Virginia Code, this rule, or any rule made by the Commissioner under the authority of Chapter 60 of the Code; or

(d) the distillery, mini-distillery, micro-distillery, or licensed representative/broker has failed to comply with the spirit and intent of Chapter 60 of the Code by encouraging intemperance, the unlawful consumption of alcoholic liquors, or otherwise.

15.2. The Commissioner shall give the distillery, mini-distillery, micro-distillery, or licensed representative/broker at least 10 days' notice prior to a revocation. The notice shall be in writing, state the reason for revocation, and designate a time and place when the distillery, mini-distillery, or micro-distillery may show cause why the license should not be revoked. Notice shall be sent by certified mail or other express mail to the current address for which the license was issued. The distillery, mini-distillery, or micro-distillery may, at the time designated for the hearing, produce evidence on his or her behalf and be represented by counsel. On the final revocation of a license or licenses the Commissioner shall immediately take over the inventory stocks of liquors possessed by the distillery, mini-distillery, or micro-distillery, and pay to the licensee the amount paid by him or her to the state for such stocks less the amount necessary to defray the costs incurred by the Commissioner in the revocation proceedings and hearing.

15.3. A final decision of the Commissioner granting or revoking, or refusing to grant or to revoke a license authorized by Chapter 60 of the West Virginia Code, shall be subject to judicial review in the circuit court of Kanawha County or the circuit court in the county where the proposed or licensed premises is located and will or does conduct sales upon the appeal of a distillery, mini-distillery, micro-distillery, licensed representative/broker, or an applicant for a license.

W. Va. Code R. § 175-10-15