W. Va. Code R. § 175-10-4

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

Section 175-10-4 - On-Premises Free Complimentary Sampling; Retail Sales for off-premises personal consumption

4.1. Free complimentary samples of alcoholic liquor manufactured at the distillery, mini-distillery, or micro-distillery's licensed premises may not exceed the moderate quantities of three, on ounce servings of liquor, per customer, per day. A distillery, mini-distillery, or micro-distillery shall not operate a bar or sell, provide, or furnish other liquor, wine, beer, nonintoxicating beer, or nonintoxicating craft beer and shall not be licensed as a private club, private wine restaurant, tavern, or any other license permitting on-premises consumption, except for free-complimentary samples.

4.2. No person while on the premises of any distillery, mini-distillery, or micro-distillery shall break the seal on any package of alcoholic liquor, other than the licensee, for the limited purpose of on-premises sampling.

4.3. Prior to permitting any on-premises liquor sampling, a distillery, mini-distillery, or micro-distillery shall verify that each person being served, furnished, or consuming samples are 21 years of age or over and are not noticeably or visibly intoxicated at any point during the consumption of on-premises samples.

4.4. The retail price charged by a distillery, mini-distillery, or micro-distillery for off-premises retail sales of alcoholic liquor manufactured at the distillery, mini-distillery, or micro-distillery may not be less than 110% of the wholesale cost of the product as contained in the Commissioner's Wholesale Spirits Catalog which sets the uniform price (in accordance with W. Va. Code § 60-3A-17) to a retailer.

4.5. Retail sales of alcoholic liquor manufactured at the distillery, mini-distillery, or micro-distillery are for off-premises personal consumption by the purchaser and resale by the purchaser is prohibited.

4.6. Free complimentary samples consist of the alcoholic liquor only, and samples shall not include mixers or be sampled, advertised, or marketed as mixed alcoholic drinks.

4.7. Alcoholic liquor samples must all be free and complimentary and shall not be sold by the distillery, mini-distillery, or micro-distillery.

W. Va. Code R. § 175-10-4