W. Va. Code R. § 175-10-6

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

Section 175-10-6 - Licensing

6.1. Licenses are issued on an annual basis, valid January 1 to December 31 of the year for which they are issued and must be displayed on the licensed premises in a prominent location.

6.2. The license fee for a distillery license is $1,500.00, a mini-distillery license fee is $50.00, a micro-distillery license fee is $750 and a licensed representative (or broker) license fee is $100 per distillery, mini-distillery, micro-distillery or manufacturer for the license period and may not be pro-rated.

6.3. A licensed distillery, mini-distillery, or micro-distillery located in the state of West Virginia will be assigned a limited retail outlet number to account for limited retail sales for off-premises personal use and consumption of only its own alcoholic liquors manufactured on the licensed premises.

6.4. No more than one distillery, mini-distillery, or micro-distillery license may be issued to a single person or entity and no person may hold any combination of a distillery, a mini-distillery, or a micro-distillery license.

6.5. A distillery, mini-distillery, or micro-distillery shall not be licensed as a private club, private wine restaurant, or tavern.

6.6. Following receipt of a completed application for a distillery, mini-distillery, micro-distillery, or a representative's/broker's license containing additional or supplemental information as the Commissioner may require, the Commissioner may conduct an investigation of an applicant to determine whether the applicant is qualified to receive a distillery, mini-distillery, micro-distillery, or representative/broker's license. The Commissioner may request any additional information necessary to review an application.

6.6.a. The Commissioner will conduct background investigations for the purpose of determining whether an applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a license. For purposes of this paragraph, "background investigation" means a security, criminal, and credit investigation of an applicant who has applied for the issuance or renewal of a license. The applicant will submit a West Virginia Alcohol Beverage Control Administration Release of Information and Waiver of Confidentiality of Records Form for this purpose. The applicant will submit a full set of fingerprints to facilitate a criminal background check and the The Commissioner will request the state police or its designee to submit the fingerprints and identifying information to the Federal Bureau of Investigation for a national criminal history record check. The results of the fingerprint check will be returned to the ABCA.

6.6.b. The applicant will reimburse the West Virginia Alcohol Beverage Control Commission for all fees or charges that are incurred by the West Virginia Alcohol Beverage Control Commission for a background investigation undertaken pursuant to this subsection.

6.6.c. The applicant must verify that he or she is a United States citizen of good moral character and, if a naturalized citizen, when and where naturalized; and, if a corporation organized and authorized to do business under the laws of West Virginia, when and where incorporated, with the name and address of each officer; that each officer is a citizen of the United States, and a person of good moral character; and if a firm, association, partnership, or limited partnership, that each member is a citizen of the United States and, if a naturalized citizen, when and where naturalized, each of whom must sign the application.

6.6.d. The Commissioner, after initial examination and evaluation of the application may determine that an Initial Inspection Report is warranted and, accordingly, have one made by a staff person using the "Initial Inspection Report".

6.6.e. Upon completion of any investigation of an applicant, the Commissioner shall inform such applicant, in writing, whether the application has been approved or denied.

6.7. No distillery, mini-distillery, or micro-distillery may be located within the immediate vicinity of a school or church. Immediate vicinity shall mean 100 feet as measured along the streets or street from front door to front door.

6.8. A distillery, mini-distillery, micro-distillery, or representative/broker applicant shall not falsify, make material misrepresentations, or omit any material facts in its application for licensure. Such actions may be considered by the Commissioner as additional grounds for determining an unsuitable person or applicant.

6.9. A distillery, mini-distillery, or micro-distillery shall provide all federal tax stamp, federal licensure approval, and federal registrations to the Commissioner for review.

6.10. A distillery, mini-distillery, or micro-distillery license is not transferable, but with the permission of the Commissioner, the location of the business may be amended.

6.11. Forms for licensing and renewal may be obtained on the ABCA website, accessible at www.abca.wv.gov, or by contacting the offices at 304-356-5500.

6.12. The Commissioner shall refuse to issue a distillery, mini-distillery, micro-distillery or representative/broker license if he or she finds that:

(a) the applicant is not a suitable person;

(b) the place to be occupied by the applicant is not a suitable place; or

(c) a sufficient number of licenses have already been issued in the area where the applicant proposes to locate its premises.

W. Va. Code R. § 175-10-6