W. Va. Code R. § 176-1-3

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

Section 176-1-3 - Licenses

3.1. General License Requirement: Each person seeking to manufacture, tender, sell, possess for sale, transport, distribute, or deliver nonintoxicating beer in the state of West Virginia must first be licensed in accordance with W. Va. Code § 11-16-5. Such licenses shall be valid for one (1) year for the period of July 1 through June 30 of the following year.

3.1.a. Following receipt of a completed application, on a form provided by the Commissioner and as determined by the Commissioner, for a license containing supplemental information as the Commissioner may require, the Commissioner may conduct such investigation of an applicant as deemed necessary or desirable in determining whether the applicant is qualified to receive a license.

3.1.b. The Commissioner will conduct background investigations for the purpose of determining whether an applicant and the applicant's manager has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a retail liquor license. For purposes of this paragraph, "background investigation" means a criminal investigation of an applicant and the applicant's manager who has applied for the issuance or renewal of a license. The applicant and the applicant's manager will submit West Virginia Alcohol Beverage Control Administration Release of Information and Waiver of Confidentiality of Records Form as provided by the Commissioner. The applicant and the applicant's manager will submit a full set of fingerprints to facilitate a criminal background check and the Commissioner will request the state police 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 checks will be returned to the ABCA.

3.1.c. The applicant will reimburse the ABCA for all fees or charges that are incurred by the ABCA for a background investigation undertaken pursuant to subdivision 3.1.b. of this rule.

3.1.d. A person may be licensed in only one capacity as a brewer, distributor, or licensed retailer and there shall be no connection or interest, direct or indirect, between such persons, except as noted in section 3.7. A resident brewer may operate in a limited capacity as a distributor when self-distributing the product it manufactures and from its licensed place of manufacture.

3.1.e. Manager requirement. - No licenses shall be given to any applicant or renewed for any licensee who has not listed a manager on the applicant's license application, or a licensee's renewal application, and further that the manager shall meet all other requirements of licensure, including, but not limited to, United States citizenship or naturalization, passing a background investigation, being at least 21 years of age, not have been convicted of a felony in the previous five years before application, not have been convicted of a crime involving fraud, dishonesty, and deceit in the previous five years before application, not have been convicted of a felony crime for violating alcohol-related distribution laws in the previous five years before application, being capable of operating a bona fide private club of good reputation in the community, where applicable, and other requirements, all as set forth in the code and the legislative rules, in order for the manager to be able to meet and conduct any regulatory matters, including, but not limited to: licensure or enforcement matters related to the applicant or licensee all in the interest of protecting public health and safety and being a suitable applicant or licensee. In order to maintain active licensure, any change by a licensee in any manager listed on a license or renewal application shall be made immediately to the Commissioner, to verify that the new manager meets licensure requirements.

3.1.f. Operational fee. - All brewers, resident brewers, Class A retail dealers, Class B retail dealers, and distributors shall pay, with their annual fee, an annual $100.00 non-prorated and nonrefundable operational fee.

3.1.g. Reactivation fee. - A licensee that fails to complete a renewal application and make payment of its annual license fee in renewing its license on or before June 30 of any subsequent year, after initial application, shall be charged an additional non-prorated and nonrefundable $150.00 reactivation fee.

3.2. Brewer and Resident Brewer License: The annual license fee for a brewer, or a brewer or resident brewer with a principal place of business located in this state is $1,500.00 for each place of manufacture, except as noted in subdivision 3.2.d.

3.2.a. If the period of the original license for the principle place of business or for a warehouse commences on or after January 1 of any year, the license fee for the facility is $750.00.

3.2.b. No brewer or manufacturer shall offer for sale, sell, consign, ship, or deliver nonintoxicating beer into this state except to a duly licensed distributor for delivery at the distributor's place of business.

3.2.c. A resident brewer may act as a distributor in a limited capacity for up to 10,000 barrels of his or her own products produced at its brewery and place of manufacture. A resident brewer shall, on a form provided by the Commissioner, provide information on the amount of its barrel and gallon production as required by the Commissioner. Nothing in this subdivision shall prevent a resident brewer or brewer from using the services of licensed distributors as specified in W. Va. Code § 11-16-1et seq. and this rule. A resident brewer acting in the limited capacity of a distributor for up to 10,000 barrels of his or her own nonintoxicating beer products produced at its brewery and place of manufacture annually, shall meet the distributor requirements in subsection 6.3 of this rule.

3.2.d. The annual license fee for a brewer or resident brewer with its principal place of business and manufacture located in the state of West Virginia and who produces:

3.2.d.1. 12,500 barrels or less of nonintoxicating beer or nonintoxicating craft beer, the annual license fee is $500.00 for each place of manufacture;

3.2.d.2. 12,501 barrels and up 25,000 barrels of nonintoxicating beer or nonintoxicating craft beer, the annual license fee is $1,000.00 for each place of manufacture; or

3.2.d.3. 25,001 barrels or more of nonintoxicating beer or nonintoxicating craft beer, the annual license fee is $1,500.00 for each place of manufacture.

3.2.e. In order to determine the correct license fee for a brewer or resident brewer with its principal place of business and manufacture located in the state of West Virginia, as set forth in subsection 3.2.d. above, said brewer or resident brewer shall:

3.2.e.1. Provide the Commissioner, on a form provided by the Commissioner, with an estimate of the number of nonintoxicating beer or nonintoxicating craft beer barrels and gallons it will produce during the year based upon the production capacity of the brewer's or resident brewer's manufacturing facilities, and the prior year's production and sales volume of nonintoxicating beer or nonintoxicating craft beer with the submission of a new license application prior to licensure or for licensees upon the submission of a license renewal application;

3.2.e.2. File a final report on or before July 15 of each year, on a form provided by the Commissioner, that is dated as of June 30 of each year, stating the actual volume of nonintoxicating beer or nonintoxicating craft beer in barrels and gallons produced at its principal place of business and manufacture during the prior year;

3.2.e.3. Include a remittance for the balance of the license fee pursuant to this subsection that would be required for any final higher level of production, if the actual total production of nonintoxicating beer or nonintoxicating craft beer by the brewer or resident brewer exceeded the brewer's or resident brewer's estimate that was filed with the license application or license renewal application for that period;

3.2.e.4. Only a brewer whose place of manufacture is located in West Virginia is permitted to contract brew or brew on contract nonintoxicating beer, nonintoxicating craft beer, or non-alcoholic beer for a second party or possibly other parties who may or may not be located in West Virginia, of whom one party who is either the importer or brand owner must obtain a brewer license in West Virginia to provide the party or parties' nonintoxicating beer, nonintoxicating craft beer, or non-alcoholic beer for sale in West Virginia;

3.2.e.4.A. The written agreement between the actual brewer whose place of manufacture is located in West Virginia must be provided to the Commissioner for review and the actual brewer, owner of the brand, the importer of the brand, and all parties must be identified in the written agreement or other documentation submitted to the Commissioner.

3.2.e.4.B. No resident brewer may contract brew or brew under contract.

3.2.e.4.C. The party that obtains a brewer's license as an importer of a brand or brand owner shall submit the label(s) and brand(s) for registration and shall be licensed as a brewer for the payment of all beer barrel taxes, unless not operating in West Virginia, then the actual brewer shall make payment of all beer barrel taxes. Only one brewer's license is permitted per brand.

3.2.e.4.D. Contract brewing shall not be used as an arrangement to circumvent any franchise agreement or franchise distributor network.

3.2.e.5. A brewer or resident brewer that brews or a distributor that distributes non-alcoholic beer containing less than 0.5% alcohol by volume must, prior to any sale in West Virginia, submit the brand or brands for verification of the non-alcoholic claims and status to the Commissioner, on a form provided by the Commissioner; and

3.2.e.5.A. Non-alcoholic beer must meet federal labeling requirements for 0.00% beer or for beer less than 0.5% alcohol by volume.

3.2.e.5.B. All labeling shall clearly convey the non-alcoholic nature of the non-alcoholic beer.

3.2.e.6. Collaboration nonintoxicating beer or nonintoxicating craft beer.

3.2.e.6.A. Any brewer or resident brewer collaborating with another brewer, resident brewer, or a third party (not a licensee) must provide the WVABCA a written agreement that sets forth which brewer, resident brewer, or third party shall be the owner and have all rights, title, and interest in the nonintoxicating beer or nonintoxicating craft beer recipe and brand. There cannot be a mutual ownership. The brewer, resident brewer, or third party that owns the brand shall have primary placement of logo and markings on any bottle or cans, and the actual brewer must be listed on the brands label as the actual brewer of the nonintoxicating beer or nonintoxicating craft beer with no logo or trademark permitted on the label. In no way shall this section be construed to permit private label nonintoxicating beer or nonintoxicating craft beer brands.

3.2.f. License Application: An applicant shall submit a verified application (provided by the Commissioner) to the Commissioner, which shall state:

3.2.f.1. the name of the applicant, where incorporated and the date incorporated;

3.2.f.2. the applicant's federal identification number or social security number;

3.2.f.3. the address of the applicant's main office;

3.2.f.4. the names and respective addresses of the applicant's partners, members, owners, shareholders, manager or for a corporation, its officers and directors;

3.2.f.5. the date the applicant qualified to transact business in this state and a copy from the West Virginia Secretary of State authorizing the applicant to transact business in the state;

3.2.f.6. the applicant is in good standing with the Tax commissioner by providing a written letter or document from the Tax Commissioner;

3.2.f.7. the applicant is in compliance with unemployment compensation and workers' compensation, and if necessary will provide any proof or support required by the Commissioner; and,

3.2.f.8. any other information required by the Commissioner.

3.2.g. Bonds: There shall be no bond for a brewer, resident brewer, distributor, any Class S license, or a brewpub.

3.2.h. A resident brewer and brewer shall meet the requirements in subsection 3.6 of this rule where applicable.

3.2.i. Any brewer or resident brewer located in the state of West Virginia who fails to file the reports required in subdivisions 3.2.d and 3.2.e., shall be required to pay the $1,500.00 annual license fee.

3.2.j. A licensed brewer or resident brewer with its principal place of business and manufacture located in the state of West Virginia may offer tours during normal hours of operation per subdivisions 6.1.a., of this rule.

3.2.k. A licensed brewer or resident brewer with its principal place of business and manufacture located in the state of West Virginia may offer limited complimentary samples of nonintoxicating beer or nonintoxicating craft beer brewed at the brewer's or resident brewer's principal place of business and manufacture in accordance with the W. Va. Code § 11-16-6a and this rule.

3.2.l. A brewer or resident brewer, licensed under the Code and this rule, may separately apply, pay, and, if qualified, receive other manufacturing licenses specified in W. Va. Code § 60-4-2, such as a distillery or winery license.

3.3. Foreign Corporation Brewer's License Application: A foreign corporation seeking a West Virginia brewer's license shall submit a verified application to the Commissioner, which shall state:

3.3.a. the name of the corporation and the state where incorporated;

3.3.b. the date incorporated;

3.3.c. the address of the corporation's main office;

3.3.d. the names and respective addresses of the corporation's officers and directors, and also its manager;

3.3.e. the date the corporation qualified to transact business in this state;

3.3.f. the applicant is in good standing with the Tax Commissioner based on a written letter or document provided by the Tax Commissioner;

3.3.g. the applicant is in compliance with unemployment compensation and workers' compensation and, if necessary, will provide any proof or support required by the Commissioner; and,

3.3.h. any other information required by the Commissioner.

3.4. A foreign corporation seeking a West Virginia brewer's license shall meet the requirements in subsection 3.6 of this rule and also provide the following to the Commissioner:

3.4.a. A certified copy of the certificate of authority issued by the Secretary of State authorizing the corporation to transact business in this state; and,

3.4.b. A certified copy of the corporation's most recent charter.

3.5. The annual license fee for a brewer's license for a foreign corporation selling nonintoxicating beer in this state, regardless of where its principal place of business is located, is $1,500.00.

3.5.a. If the period the original license commences is on or after January 1 of any year, the license fee is $750.00.

3.6. Distributor, Class A, and Class B Licenses: The following information must be provided on the application form provided by the Commissioner for a distributor, Class A, or Class B license:

3.6.a. The name, residence, and certification of the applicant and the applicant's manager;

3.6.a.1. If the applicant is an individual, that the applicant and the applicant's manager must be at least 21 years of age and list the state of residence of the applicant and the applicant's manager. If claiming West Virginia residency each shall have the requisite proof to show that the applicant or the applicant's manager are a resident of West Virginia;

3.6.a.2. If the applicant is a firm, association, partnership, limited partnership, limited liability company, or corporation, the application shall include the residence of the members or officers: Provided, that if a corporation applies for a Class A or Class B license, the officers, agents, or employees who shall manage and be in charge of the licensed premises must possess all of the requirements of an individual applicant for a licensed retailer's license: Provided further, that if a limited liability company applies for a Class A or Class B license, the agents, employees, or members who shall manage and be in charge of the licensed premises must possess all of the requirements of an individual applicant for a licensed retailer's license;

3.6.a.3. If the application is for a distributor license, the application shall state that the person, or for a firm, partnership, limited partnership, limited liability company, association, corporation, or trust or has a trust as an owner, the members, officers, trustees, or other persons in active control of the activities of the limited liability company, association, corporation, or trust;

3.6.a.4. If the applicant for a distributor's license is a trust or has a trust as an owner, the trustees or other persons in active control of the activities of the trust relating to the license shall provide a certification of trust as described W. Va. Code § 44D-10-1013. This certification of trust shall include the excerpts described in W. Va. Code § 44D-10-1013(e) and shall further state, under oath, the names, addresses, Social Security numbers, and birth dates of the beneficiaries of the trust and certify that the trustee and beneficiaries are 21 years of age or older. If a beneficiary is not 21 years of age, the certification of trust must state that such beneficiary's interest in the trust is represented by a trustee, parent or legal guardian who is 21 years of age and who will direct all actions on behalf of such beneficiary related to the trust with respect to the distributor license until the beneficiary is at least 21 years of age. Any beneficiary who is not 21 years of age or older shall have his or her trustee, parent, or legal guardian include in the certification of trust and state under oath his or her name, address, Social Security number, and birth date.

3.6.b. The place of birth of the applicant and the applicant's manager. That the applicant and the applicant's manager are citizens of the United States, of good moral character, and if naturalized when and where naturalized;

3.6.b.1. If the applicant is a corporation, the application must state when and where incorporated, the name and address of each officer and manager, and that each officer and manager is a United States citizen and has not been convicted of a felony in the previous five years before application, has not been convicted of a crime involving fraud, dishonesty, and deceit in the previous five years before application, and has not been convicted of a felony crime for violating alcohol-related distribution laws in the previous five years before application;

3.6.b.2. If the applicant is a firm, association, limited liability company, partnership, limited partnership, trust, or has a trust as an owner, the application shall provide the place of birth of each member of the firm, association, limited liability company, partnership, or limited partnership and the trustees, beneficiaries, manager, or other persons in active control of the activities of the trust relating to the license and that each member or trustee, beneficiary, or other persons in active control of the activities of the trust is a United States citizen and if naturalized, when and where, and each member must qualify and sign the application;

3.6.c. The particular place for which the license is desired and a detailed description of the place, the description shall include the size and nature of the facilities operated by the applicant and the specific proportions of any structure used in conjunction with other purposes that will constitute the licensed premises;

3.6.d. The name of the owner of the building and if the owner is not the applicant, that a statement that the applicant is the actual and bona fide lessee of the premises;

3.6.e. Verification that the place or building in which the proposed business will be located:

3.6.e.1. conforms to all applicable health, fire, safety, and zoning regulations;

3.6.e.2. is a safe and proper place or building; and,

3.6.e.3. is not within 300 feet of a church or school, measured from front door to front door, along the street or streets; Provided:

3.6.e.3.A. that this requirement does not apply to Class B license, or any place occupied by a licensed retailer so long as that place is continuously so occupied; and,

3.6.e.3.B. that this requirement does_not apply to a college or university that has notified the Commissioner, in writing, that it has no objection to the location of the proposed business; and

3.6.e.3.C. that this requirement does not apply to a school or church that has notified the Commissioner, in writing, that it has no objection to the location of a proposed business.

3.6.f. That the applicant and the applicant's manager are not incarcerated and have not been convicted of a felony or other crime involving moral turpitude. An applicant or an applicant's manager who has been convicted of a felony or other crime involving moral turpitude shall not be eligible for licensure until five (5) years after successfully completing all conditions of probation, discharge from parole supervision, or expiration of sentence;

3.6.g. That the applicant is and shall remain for the license period the only person with a pecuniary interest in the business to be licensed, and no other person is pecuniarily interested during the license period;

3.6.h. That the applicant and the applicant's manager have not during the five (5) years preceding the application date had a nonintoxicating beer license revoked;

3.6.i. In the case of an applicant for a distributor license that is a trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the Commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the Commissioner pursuant to this rule is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act, W. Va. Code § 29B-1-1et seq.;

3.6.j. That the applicant and the applicant's manager have not been convicted of a felony in the previous five years before application, have not been convicted of a crime involving fraud, dishonesty, or deceit in the previous five years before application, and have not been convicted of a felony crime violating alcohol-related distribution laws in the previous five years before application to be licensed;

3.6.k. That the applicant and the applicant's manager have made no false statements or material misrepresentations in the application and licensure process, or after licensure, and further that all information provided in the application and submitted to the Commissioner shall be true and correct;

3.6.l. That the applicant and the applicant's manager are not involved in hidden ownership with an applicant or licensee;

3.6.m. That the applicant and the applicant's manager have not failed to disclose any person or persons with a pecuniary interest in the applicant or licensee;

3.6.n. That the applicant and the applicant's manager have not omitted any pertinent or relevant information in the application or licensure process; and

3.6.o. That the applicant and the applicant's manager have not failed to fully complete the application or license renewal form, as determined by the Commissioner.

3.7. A Brewpub is a Class A license available to only resident brewers for on-premises sales. All applicants must meet the requirements of a Class A license applicant under section 3 of this rule. Further, a resident brewer who is also licensed as a brewpub may apply separately and, if qualified under the Code and rules, be licensed as a tavern or Class A retail dealer per the requirements of this rule and W. Va. Code § 11-16-1et seq., private manufacturer club per the requirements of W. Va. Code § 60-7-1et seq., a private wine restaurant per the requirements of W. Va. Code § 60-8-1et seq, or may apply separately and, if qualified and in good standing with the Commissioner, pay all applicable fees and receive a Class S or S1 license per W. Va. Code § 11-16-11 or § 11-16-11b and meet all other Class S or S1 license requirements. The brewpub license fee is $500.00. A brewpub may not be licensed as a private club bar or private club restaurant.

3.8. Refusal of License: The Commissioner shall refuse to issue a brewer, resident brewer, brewpub, foreign corporation brewer, distributor, Class A or Class B license if the applicant or the applicant's manager:

3.8.a. fails to satisfy any of the requirements of section 3;

3.8.b. has engaged in conduct declared to be unlawful by W. Va. Code § 11-16-1et seq.;

3.8.c. has not been convicted of a felony in the previous five years before application, has not been convicted of a crime involving fraud, dishonesty, or deceit in the previous five years before application, and has not been convicted of a felony crime violating alcohol-related distribution laws in the previous five years before application to be licensed; or

3.8.d. is or has a manager, owner, employee, or person, in a contractual relationship to provide goods or services to the applicant or licensee, who is an employee of the Commissioner.

3.9. Additional Requirements and Investigation: The Commissioner may require any additional information from an applicant or an applicant's manager for a brewer, resident brewer, brewpub, foreign corporation brewer, distributor, Class A license, or Class B license and may conduct any investigation of the applicant, the applicant's manager, or the proposed place of business as the Commissioner may determine is necessary:

3.9.a. The applicant will provide a letter of good standing from the Tax commissioner;

3.9.b. The applicant will provide proof of compliance with unemployment compensation and workers' compensation;

3.9.c. The applicant or the applicant's manager will provide any other information required by the Commissioner;

3.9.d. Bond. All Class A license applicants and licensees, except for a brewpub, shall furnish a $1,000 bond from a solvent surety company that upon penalty and failure to pay or serve a penalty, suspension, and failure to serve a suspension, or revocation that the sum shall be due and payable by the surety to the State of West Virginia for the applicant or licensee's failure to faithfully observe the provisions of the W.Va. Code § 11-16-1et seq., this rule, the Commissioner's regulations, and orders, and any other laws of the State of West Virginia generally relating to the distribution, sale, or delivery of nonintoxicating beer. The bond term shall be for the applicable license period from July 1 to June 30 of the applicable year; and

3.9.e. The Commissioner, as necessary and advisable, may, withhold the granting or refusal of license when conducting additional investigation of an applicant, manager, or of the place to be occupied for a 30 day period or until the applicant has completed the conditions of licensure set forth by the Commissioner, and such delay for an additional investigation shall be communicated to the applicant.

3.10. Annual License Fees: Annual license fees are as follows:

3.10.a. Class A licensee: $150.00 for each place of business;

3.10.b. Class A licensee: for each social, fraternal or nonprofit club in continuous operation for two (2) or more years immediately preceding the application date -- $150.00;

3.10.c. Class A licensee: for each railroad dining, club or buffet car in which nonintoxicating beer will be dispensed -- $10.00 for each car;

3.10.d. Class B licensee: $150.00 for each place of business;

3.10.e. Distributor: $1,000.00 for each place of business;

3.10.f. Brewer: $1,500.00 for each location, unless requirements are met at section 3.2., of this rule;

3.10.g. Foreign Corporation Brewer: $1,500.00 for each location;

3.10.h. Resident Brewer: $1,500.00 for each location, unless requirements are met at section 3.2., of this rule; and

3.10.i. Brewpub: $500.00 for each location.

3.11. Class S License, Class S1 License, the Nonintoxicating Beer Floorplan Extension, and additional licenses.

3.11.a. Class S License. An applicant shall submit the application, as provided by the Commissioner, for a Class S license to the Commissioner at least 30 days before the first day upon which nonintoxicating beer is to be sold at a fair or festival or other special event approved by the Commissioner. Any time a Class S license is obtained, the licensee is required to notify in writing all distributors in the area where the fair, festival or special event will occur in order that all distributors are provided the opportunity to participate.

3.11.a.1. The Commissioner may issue a Class S license for a term of no longer than 10 consecutive days.

3.11.a.2. The license fee for a Class S license is $250.00.

3.11.b. Class S1 License. An applicant shall submit the application, as provided by the Commissioner, at least 15 days prior to the event to the Commissioner for a Class S1 license for the retail sale of nonintoxicating beer and nonintoxicating craft beer by a duly-organized nonprofit corporation, limited liability entity, or an association having received federal tax exempt status allowing the sale and serving of nonintoxicating beer or nonintoxicating craft beer when raising money for artistic, athletic, charitable, educational, or religious purposes.

3.11.b.1 The special license S1 shall be issued for a term no longer than one day.

3.11.b.2. No more than six licenses may be issued to any single licensee during any calendar year.

3.11.b.3. The Commissioner may not charge a fee to the applicant that meets requirements for licensure.

3.11.b.4. The license application shall contain a copy of the documents showing approved federal tax-exempt status and other information required by the Commissioner.

3.11.b.5. Nonintoxicating beer served and sold during the event shall be purchased from a licensed distributor or resident brewer acting in the limited capacity of a distributor for its own products, that services the location where the festival, fair, or other event is occurring. All distributors and resident brewers in the area must be notified in writing by mail, facsimile or electronic mail of the event in advance and be presented with the opportunity to participate in the event.

3.11.b.6. Licensed representatives of distributors, brewers, or resident brewers may attend the one-day event and discuss their products, but may not engage in the serving or selling of the nonintoxicating beer or nonintoxicating craft beer. A licensee licensed by this section may use bona fide employees or volunteers of the charitable entity to sell and serve nonintoxicating beer and nonintoxicating craft beer.

3.11.c. A license issued under the provisions of section 3.11.a. or section 3.11.b. and the licensee holding the license are subject to all other provisions of W. Va. Code § 11-16-1et seq., and the rules and orders of the Commissioner relating to the special license: Provided, That the Commissioner may by rule or order allow certain waivers or exceptions with respect to those provisions, rules, or orders as the circumstances of each event requires, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of W. Va. Code § 11-16-24: Provided, however, That under no circumstances may the provisions W. Va. Code § 11-16-18(a)(1), §11-16-18(a)(2), or §11-16-18(a)(3), be waived or an exception granted.

3.11.d. Nonintoxicating Beer Floorplan Extension. A Class A retail dealer may apply to the Commissioner (on a form provided by the Commissioner) to conduct a nonintoxicating beer event using a temporary one day nonintoxicating beer floor plan extension permit which would authorize the sale and consumption of nonintoxicating beer within a bounded area that is contiguous to the licensee's licensed premises and existing floorplan.

3.11.d.1. The permit shall be issued for a term no longer than one day.

3.11.d.2. The license fee per event for a nonintoxicating beer floor plan extension is $50, and the fee may not be prorated or refunded, and must be accompanied with a license application, certification that the event meets certain requirements in the code and rules, and such other information as the Commissioner may reasonably require.

3.11.e. Class B Retail Dealer Grocery Store - Curbside Delivery with mobile application or web based sales. An applicant shall submit the application, as provided by the Commissioner, to permit a grocery store containing over $100,000 of fresh produce and saleable food and food products fit for human consumption, in a combination of displayed and stored inventory, for a Class B license privilege granting the licensee the ability to complete the sale of such nonintoxicating beer or nonintoxicating craft beer in the original sealed container for off-premises consumption to a person purchasing the nonintoxicating beer or nonintoxicating craft beer from a vehicle. The applicant will be required to meet all requirements in the rule and the Code.

3.11.e.1. The Class B retail dealer for a grocery store curbside delivery license privilege permit, nonrefundable and non-prorated, annual fee is $250.

3.11.e.2. For a Class B retail dealer that is not a grocery store as set forth in 3.11.e., of this rule, curbside in-person or in-vehicle delivery of nonintoxicating beer or nonintoxicating craft beer in a sealed bottle, can, pouch, or beer growler is not permitted.

3.11.f. Class A Delivery License and Third Party Delivery License from a Class A Licensee.

3.11.f.1. A Class A retail dealer who is licensed to sell nonintoxicating beer or nonintoxicating craft beer may apply for a nonintoxicating beer or nonintoxicating craft beer delivery license permitting the order, sale, and delivery of nonintoxicating beer or nonintoxicating craft beer in a sealed original container of bottles or cans, and sealed growlers, when separately licensed for growler sales. The applicant will be required to meet all requirements in the rule and the Code.

3.11.f.1.A. The order, sale, and delivery of nonintoxicating beer or nonintoxicating craft beer is permitted for off-premises consumption when completed by the licensee or the licensee's employees to a person purchasing the nonintoxicating beer or nonintoxicating craft beer by telephone, a mobile ordering application, or a web-based software program, as authorized by the licensee's license.

3.11.f.1.B. There is no additional fee for licensed Class A retail dealers to obtain a nonintoxicating beer or nonintoxicating craft beer delivery license.

3.11.f.2. A third party, not licensed for nonintoxicating beer or nonintoxicating craft beer sales or distribution, may apply for a nonintoxicating beer or nonintoxicating craft beer delivery license for the privilege and convenience to offer ordering and delivery services of nonintoxicating beer or nonintoxicating craft beer in the sealed original container of bottles or cans, and sealed growlers, from a licensee with a growler license.

3.11.f.2.A. The order, sale, and delivery of nonintoxicating beer or nonintoxicating craft beer is permitted for off-premises consumption when the Class A retail dealer sells to a person purchasing the nonintoxicating beer or nonintoxicating craft beer through telephone orders, a mobile ordering application, or a web-based software program.

3.11.f.2.B. The annual nonintoxicating beer or nonintoxicating craft beer delivery license non-prorated and nonrefundable fee is $200 per third party entity, with no limit on the number of drivers and vehicles.

3.11.f.3. The nonintoxicating beer or nonintoxicating craft beer delivery license application for a Class A or a third party shall comply with licensure requirements in W. Va. Code § 11-16-8, and this rule, and further shall require any information as reasonably required by the Commissioner.

3.11.f.4. Sale Requirements - Nonintoxicating beer or nonintoxicating craft beer purchases must accompany the purchase of prepared food or meal, must not be in excess of 384 fluid ounces, and must be purchased by someone at least 21 years of age and not noticeably or visibly intoxicated. All sales must be in accordance with requirements in W. Va. Code § 11-16-6d(d).

3.11.f.5. Delivery Requirements - Delivery of nonintoxicating beer or nonintoxicating craft beer must accompany the delivery of prepared food or meal and must be delivered to the person placing the order for delivery. Delivery drivers must verify the age of the person accepting the delivery and may not complete the delivery if the person accepting the delivery is noticeably or visibly intoxicated. If delivery cannot be completed, the delivery driver may leave the prepared food or meal at the door but must return any nonintoxicating beer or nonintoxicating craft beer to the licensee. All delivery of nonintoxicating beer or nonintoxicating craft beer must be in accordance with requirements in W. Va. Code § 11-16-6d(e).

3.11.f.6. Telephone, mobile ordering application, or web-based software requirements: The delivery person may only permit the person who placed the order through a telephone, mobile ordering application, or web-based software to accept the delivery of food and nonintoxicating beer or nonintoxicating craft beer and the delivery driver must verify the person's legal identification to ensure the person accepting the delivery is at least 21 years of age. A record of the delivery and of verifying the person's identification must be created and retained for at least 3 years.

3.11.f.6.A. All records are subject to inspection by the Commissioner. A Class A retail dealer or third party delivery licensee shall retain all records for three years, and may not unreasonably withhold the records from the Commissioner's inspection; and

3.11.f.6.B. Each vehicle delivering nonintoxicating beer or nonintoxicating craft beer must be issued a retail transportation permit per W. Va. Code § 11-16-6d(g) and section 3.21.

3.11.f.7. A Retail Transportation Permit shall meet the requirements in this section and section 3.21.

3.11.g. Class B Delivery License and Third Party Delivery License from a Class B Licensee.

3.11.g.1. A Class B retail dealer who is licensed to sell nonintoxicating beer or nonintoxicating craft beer may apply for a nonintoxicating beer or nonintoxicating craft beer delivery license permitting the order, sale, and delivery of nonintoxicating beer or nonintoxicating craft beer in a sealed original container of bottles or cans, and sealed growlers, when separately licensed for growler sales. The applicant shall meet all applicable requirements in the Code and this rule.

3.11.g.1.A. The order, sale, and delivery of nonintoxicating beer or nonintoxicating craft beer is permitted for off-premises consumption when completed by the licensee or the licensee's employees to a person purchasing the nonintoxicating beer or nonintoxicating craft beer by a telephone, a mobile ordering application, or web-based software program, as authorized by the licensee's license.

3.11.g.1.B. There is no additional fee for licensed Class B retail dealers to obtain a nonintoxicating beer or nonintoxicating craft beer delivery license.

3.11.g.2. A third party, not licensed for nonintoxicating beer or nonintoxicating craft beer sales or distribution, may apply for a nonintoxicating beer or nonintoxicating craft beer delivery license for the privilege and convenience to offer ordering and delivery services of nonintoxicating beer or nonintoxicating craft beer in the sealed original container of bottles or cans, and sealed growlers, from a licensee with a growler license.

3.11.g.2.A. The order, sale, and delivery of nonintoxicating beer or nonintoxicating craft beer is permitted for off-premises consumption when the Class B retail dealer sells to a person purchasing the nonintoxicating beer or nonintoxicating craft beer through a telephone order, a mobile ordering application, or web-based software program.

3.11.g.2.B. The nonintoxicating beer or nonintoxicating craft beer delivery annual non-prorated and nonrefundable license fee is $200 per third party licensee, with no limit on the number of drivers and vehicles.

3.11.g.3. The nonintoxicating beer or nonintoxicating craft beer delivery license application for a Class B and a third party shall comply with licensure requirements in W. Va. Code § 11-16-8 and shall require any information as reasonably required by the Commissioner.

3.11.g.4. Sale Requirements - Nonintoxicating beer or nonintoxicating craft beer purchases must accompany the purchase of prepared food or meal, must not be in excess of 384 fluid ounces, and must be purchased by someone at least 21 years of age and not noticeably or visibly intoxicated. All sales must be in accordance with requirements in W. Va. Code § 11-16-6f(d).

3.11.g.5. Delivery Requirements - Delivery of nonintoxicating beer or nonintoxicating craft beer must accompany the delivery of prepared food or meal and must be delivered to the person placing the order for delivery. Delivery drivers must verify the age of the person accepting the delivery and may not complete the delivery if the person accepting the delivery is noticeably or visibly intoxicated. If delivery cannot be completed, the delivery driver may leave the prepared food or meal at the door but must return any nonintoxicating beer or nonintoxicating craft beer to the licensee. All delivery of nonintoxicating beer or nonintoxicating craft beer must be in accordance with requirements in W. Va. Code § 11-16-6f(e).

3.11.g.6. Telephone, mobile ordering application, or web-based software requirements: The delivery person may only permit the person who placed the order through a telephone, mobile ordering application, or web-based software to accept the delivery of food and nonintoxicating beer or nonintoxicating craft beer and the delivery driver must verify the person's legal identification to ensure the person accepting the delivery is at least 21 years of age. A record of the delivery and of verifying the person's identification must be created and retained for at least 3 years.

3.11.g.6.A. All records are subject to inspection by the Commissioner. A Class B retail dealer and a third party licensee shall retain all records for three years, and may not unreasonably withhold the records from the Commissioner's inspection; and

3.11.g.6.B. Each vehicle delivering nonintoxicating beer or nonintoxicating craft beer shall be issued a retail transportation permit in accordance with W. Va. Code § 11-16-6f(g).

3.11.g.7. A Retail Transportation Permit shall meet the requirements in this section and section 3.21., and the Code.

3.11.h. Nonintoxicating Beer or Nonintoxicating Craft Beer Outdoor Dining Area.

3.11.h.1. A Class A retail dealer, in good standing with the Commissioner, may apply, on a form provided by the Commissioner, to sell, serve, and furnish nonintoxicating beer or nonintoxicating craft beer for on-premises consumption in an outdoor dining area, as authorized by any municipal government or county commission in the which the licensee operates.

3.11.h.2 The Class A retail dealer shall submit to the municipal government or county commission, for approval, a revised floorplan and a request to sell and serve nonintoxicating beer or nonintoxicating craft beer, subject to the Commissioner's requirements, in an approved outdoor dining area in accordance with W. Va. Code § 11-16-9. The Commissioner may supply a form for municipality or county commission approval of outdoor dining.

3.11.h.3. Any licensee not using the approved outdoor area for dining purposes, as determined by the Commissioner shall be subject to penalties under this rule and W. Va. Code § 11-16-1et seq. Outdoor dining is intended for dining only and not a fair, festival, or other outdoor event. The Commissioner may approve entertainment, however, if the Commissioner denies entertainment the Commissioner must provide an explanation for denying such entertainment.

3.11.i. Nonintoxicating Beer or Nonintoxicating Craft Beer Outdoor Street Dining Area.

3.11.i.1. A Class A retail dealer, in good standing with the Commissioner, may apply, on a form provided by the Commissioner, to sell, serve, and furnish nonintoxicating beer or nonintoxicating craft beer for on-premises consumption in an outdoor street dining area, as authorized by any municipal government or county commission in the which the licensee operates.

3.11.i.2. The Class A retail dealer shall submit to the municipal government or county commission, for approval, a revised floorplan and a request to sell and serve nonintoxicating beer or nonintoxicating craft beer, subject to the Commissioner's requirements, in an approved outdoor area in accordance with W. Va. Code § 11-16-9. The Commissioner may supply a form for municipality or county commission approval of outdoor dining.

3.11.i.3. Any licensee not using the approved outdoor area for street dining purposes, as determined by the Commissioner shall be subject to penalties under this rule and W. Va. Code § 11-16-1et seq. Outdoor street dining is intended for dining only and not a fair, festival, or other outdoor event. The Commissioner may approve entertainment, however, if the Commissioner denies entertainment the Commissioner must provide an explanation for denying such entertainment.

3.11.j. Sale and shipment of nonintoxicating beer or nonintoxicating craft beer by a brewer or resident brewer.

3.11.j.1. Authorization. - Any person that is currently licensed and in good standing in its domicile state as a brewer, resident brewer, other nonintoxicating beer or nonintoxicating craft beer manufacturer, and who also obtains a nonintoxicating beer or nonintoxicating craft beer direct shipper's license from the Commissioner, as provided in this article, may sell and ship nonintoxicating beer or nonintoxicating craft beer brewed by the brewer, resident brewer, other nonintoxicating beer or nonintoxicating craft beer manufacturer by mail to a purchasing person who is 21 years of age or older, for personal use, and not for resale. Once licensed, a nonintoxicating beer or nonintoxicating craft beer direct shipper may ship nonintoxicating beer or nonintoxicating craft beer by mail to a purchasing person who is 21 years of age or older who purchases nonintoxicating beer or nonintoxicating craft beer, subject to the requirements of this rule and W. Va. Code § 11-16-1et seq., in and throughout West Virginia. A nonintoxicating beer or nonintoxicating craft beer direct shipper may sell and ship nonintoxicating beer or nonintoxicating craft beer out of this state by mail to a purchasing person who is 21 years of age or older subject to the recipient state's or country's requirements, laws, and international laws. All sales and shipments must follow the requirements of W. Va. Code § 11-16-6e.

3.11.j.2. Pay to the Commissioner the $250 non-prorated and nonrefundable annual license fee;

3.11.j.3. Shipping Requirements. All nonintoxicating beer or nonintoxicating craft beer direct shipper licensees shall, in addition to there requirements in W. Va. Code § 11-16-6e:

3.11.j.3.A. Ensure that all containers of nonintoxicating beer or nonintoxicating craft beer shipped directly to a purchasing person who is 21 years of age or older are clearly and conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON 21 OR OLDER REQUIRED FOR DELIVERY";

3.11.j.3.B. Utilize a licensed and bonded shipping carrier who has obtained a transportation permit as specified in W. Va. Code § 60-6-12 and section 3.21.;

3.11.j.4. Payment of Fees and Taxes - Any nonintoxicating beer or nonintoxicating craft beer direct shipper licensee must meet the markup requirements for retail sales set forth in W. Va. Code § 47-11A-6, remit all taxes and fees, and otherwise comply with W. Va. Code § 11-16-6e;

3.11.j.5. Jurisdiction. By obtaining a nonintoxicating beer or nonintoxicating craft beer direct shipper licensee, the licensee shall be considered to have agreed and consented to the jurisdiction of the Commissioner, who is located in Charleston, West Virginia and the Kanawha County circuit court would be the court of jurisdiction for the enforcement of this rule, W. Va. Code § 11-16-1et seq., and any other related laws or rules; and

3.11.j.6. Records and reports.

3.11.j.6.A. Licensed nonintoxicating beer or nonintoxicating craft beer direct shippers must maintain accurate records of all shipments sent to West Virginia and must retain those records for at least 3 years.

3.11.j.6.B. Provide proof or records to the Commissioner, upon request, that all direct shipments of liquor were purchased and delivered to a purchasing person who is 21 years of age or older.

3.11.j.7. The nonintoxicating beer or nonintoxicating craft beer direct shipper may annually renew its license with the Commissioner by application, paying the nonintoxicating beer or nonintoxicating craft beer direct shipper annual license fee and providing the Commissioner with a true copy of a current brewer, resident brewer, or other nonintoxicating beer or nonintoxicating craft beer manufacturer's license from the nonintoxicating beer or nonintoxicating craft beer direct shipper's domicile state.

3.11.k. Unlicensed brewer or unlicensed home brewer temporary license.

3.11.k.1. An unlicensed brewer or home brewer may obtain a temporary special license, to offer its nonintoxicating beer or nonintoxicating craft beer for sampling and an unlicensed brewer with a federal brewer's permit may obtain a temporary special license for sales to a fair and festival licensed for on-premises consumption at the licensed fair or festival under W. Va. Code § 11-16-11 and §11-16-11b, when granted approval by the fair and festival licensee. The unlicensed brewer or home brewer is exempt from the requirements of registering the brand and using a distributor and a franchise agreement due to the limited nature of this temporary license. All requirements for a temporary special license must be in accordance with W. Va. Code § 11-16-11c.

3.11.k.2. A brewer or home brewer unlicensed in West Virginia, or an unlicensed brewer or home brewer that is a resident of West Virginia, shall pay a $150 nonrefundable and non-prorated fee and submit an application provided by the Commissioner for a temporary special license.

3.11.k.3. The unlicensed brewer or home brewer temporary license application shall include, but is not limited to:

3.11.k.3.A. the person or entity's name, address, taxpayer identification number, and location;

3.11.k.3.B. If the unlicensed brewer or home brewer is from out of state, a copy of its licensure in its domicile state or home brewer's license, if applicable; a signed and notarized verification that it produces 25,000 barrels or less of nonintoxicating beer or nonintoxicating craft beer per year; a signed and notarized verification that it is in good standing with its domicile state; copies of its federal certificate of label approvals and a certified lab alcohol analysis for the nonintoxicating beer or nonintoxicating craft beer it plans to sell to a fair or festival licensed under W. Va. Code § 11-16-11 and § 11-16-11b; and

3.11.k.3.C. Any other information required by the Commissioner, except that if an unlicensed brewer is licensed in its domicile state and is in good standing, no criminal background checks may be required for the temporary one-day license.

3.11.k.4. The applicant shall include in its application a list of all nonintoxicating beers or nonintoxicating craft beers it proposes to provide, in sealed containers, to a licensed fair or festival for sampling or sale so that the Commissioner may review them in the interest of public health and safety. Once approved, the submitted nonintoxicating beer or nonintoxicating craft beer list creates a temporary nonintoxicating beer or nonintoxicating craft beer brand registration for up to two days at any event licensed under W. Va. Code §11-16-11 and §11-16-11b, for no additional fee.

3.11.k.5. An applicant that receives this temporary special license for any event licensed must pay all taxes and fees in accordance with W. Va. Code § 11-16-11c.

3.11.k.6. The unlicensed brewer or home brewer shall submit an application for each temporary special license sought for an event licensed under W. Va. Code § 11-16-11 and §11-16-11b, at which the applicant proposes to provide nonintoxicating beer or nonintoxicating craft beer for sampling or sale, when permitted. The license fee covers up to two separate one-day licenses for the event before an additional fee is required. Any applicant desiring to attend more than four events per year or otherwise operate in West Virginia shall seek appropriate licensure as a brewery or resident brewery in this state.

3.11.k.7. The applicant shall also apply for and receive a nonintoxicating beer or nonintoxicating craft beer transportation permit in order to legally transport nonintoxicating beer or nonintoxicating craft beer in the state as required by W. Va. Code § 11-16-10(f).

3.11.k.8. The Commissioner may by rule or order provide for certain waivers or exceptions with respect to the provisions of this code, rules, or orders required by the circumstances of each festival or fair. Fingerprints for a criminal background investigation will not be required when an unlicensed home brewer or unlicensed brewer can present a written document to the Commissioner from its domicile regulatory authority indicating that it is in good standing with that authority.

3.11.k.9. The Commissioner may revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of W. Va. Code § 11-16-23 and §11-16-24.

3.12. Brewery and Distributor Representatives, Permits, Fee, Term, Suitability: No person shall act as agent, representative, solicitor or salesman in the state of West Virginia for any brewer, resident brewer distributor, or manufacturer of nonintoxicating beer until that person has obtained a permit to act as an agent, representative, solicitor or salesman, from the Commissioner.

3.12.a. Application: An application for a permit, shall be accompanied by a photograph (2 inches by 3 inches) of the applicant, and shall be made on a form prescribed and furnished by the Commissioner.

3.12.b. Fee: There is no fee for a permit to act as a brewer, resident brewer or distributors' agent, representative, solicitor, or salesman but such person must compete a form provided by the Commissioner and be approved for a license prior to acting in any such capacity.

3.12.c. Term: All such permits expire on September 30 succeeding the date of issuance of October 1, unless suspended, cancelled, or revoked.

3.12.d. Suitability: The Commissioner shall issue a permit to any person upon showing that he or she:

3.12.d.1. Is a citizen of the United States of America;

3.12.d.2. Is at least 18 years of age;

3.12.d.3. Has not been convicted of a felony within the five (5) years immediately preceding the application for a permit and has completed all conditions of probation, been discharged from parole supervision or the sentence has expired;

3.12.d.4. Has not been convicted of a violation of federal or state liquor or beer law within the five (5) years immediately preceding the application for a permit;

3.12.d.5. Has not had a similar license or permit revoked or suspended in this or any other state within the five (5) years immediately preceding the application for a permit;

3.12.d.6. has not been convicted of a felony in the previous five years before application, has not been convicted of a crime involving fraud, dishonesty, or deceit in the previous five years before application, and has not been convicted of a felony crime violating alcohol-related distribution laws in the previous five years before application; and,

3.12.d.7. Is employed by a nonintoxicating beer manufacturer, resident brewer, or brewer qualified to sell or transport nonintoxicating beer into the state of West Virginia.

3.12.e. Suspension or Revocation: Permits may be suspended or revoked by the Commissioner for noncompliance with the West Virginia Nonintoxicating Beer Act and this rule, or for false or fraudulent representations made in securing the permits. However, the Commissioner shall not revoke or suspend any permit unless and until a hearing shall be held after 10 days' notice, in writing, to the licensee. Such notice shall contain a statement of the charge or charges against the permittee and the time and place of hearing. Furthermore, such notice shall be served upon the permittee by registered mail, addressed to the office of the permittee's principal, as set out in the application.

3.13. Transfer: Nonintoxicating beer licenses are not transferable from one person to another; however, with the consent of the Commissioner, endorsed on the face of the license, a license may be transferred from one location to another.

3.13.a. A licensee shall not transfer a license from one (1) location to another before the transfer is approved by the Commissioner.

3.13.b. A licensee shall apply for a transfer of a license on the regular license application form.

3.13.c. A letter from licensee's surety company accepting liability on the new location must accompany the transfer application, if applicable.

3.13.d. The Commissioner will not approve the transfer of a license before the letter from the surety company accepting liability on the new location is received, if applicable.

3.14. Abandonment, Leasing or Loaning: No licensee shall abandon, loan, rent, or lease his or her license.

3.14.a. Upon the sale of an outlet, the licensee shall remove his or her license from the premises and file it with the Commissioner.

3.14.b. Licensees, together with their surety, permitting others to use their licenses, either by express permission or by abandonment, will be held strictly liable for any bond forfeiture, if applicable, ordered against them for violations of the W. Va. Code § 11-16-1et seq.

3.15. Establishment: The following businesses and locations are generally not suitable for the retail sale of beer and, depending upon the circumstances, the Commissioner may refuse to issue a license to an applicant who intends to operate in:

3.15.a. Establishments in reasonable close proximity to churches, schools, state institutions, privately operated charitable or eleemosynary institutions: Provided, however, that a Class A license shall not be issued to a new establishment located within 300 feet of a school or church, measured from front door to front door along the street or highway;

3.15.b. Establishments in predominantly residential districts of any city, town, or village;

3.15.c. Filling stations or grocery stores, unless a bona fide restaurant is operated in connection with the station or store, and the sale, serving, and consumption of beer is restricted to the restaurant section of the filling station or grocery store;

3.15.d. Establishments not completely under the control of the licensee, including all balconies and adjacent connecting rooms; and,

3.15.e. Premises on which there is an existing nonintoxicating beer license unless the applicant for a new license for the premises and the owner of the building submit notarized statements to the Commissioner to verify that substantial efforts were made to recover and surrender the existing license.

3.16. Any person whose nonintoxicating beer license has been revoked shall not be eligible for a nonintoxicating beer license until after the revocation has been in effect for a period of five (5) years.

3.17. Posting License: The license granted in accordance with these Rules must be kept posted in a conspicuous place on the licensed premises.

3.18. Posting of Blood-Alcohol Chart: A blood alcohol chart, as prescribed by W. Va. Code § 60-6-24, shall be posted in every establishment in West Virginia which sells or offers for sale nonintoxicating beer.

3.18.a. Every private club licensed in accordance with W. Va. Code § 60-7-1et seq. with a nonintoxicating beer license shall prominently post the blood-alcohol chart. The chart shall be posted so as to be readily accessible and easily readable by the members and guest of the licensed private club.

3.18.b. Every licensed retailer licensed to sell nonintoxicating beer pursuant to the provisions of W. Va. Code § 11-16-1et seq. shall prominently display during the hours for which the retail sale of nonintoxicating beer is permitted, the blood-alcohol chart at or near that portion of the retail establishment devoted to the sale and/or display of any nonintoxicating beer sold by the licensed retailer. In the event the licensed retailer has nonintoxicating beer displayed for sale at more than one location within the licensed premises, or has multiple points of sale, or multiple points of ingress and egress from the licensed premises, then the licensed retailer may be required to display additional blood-alcohol charts at or near the displays, points of sale or store exits.

3.18.c. The licensed retailer is responsible for the prudent care of the blood-alcohol chart, the license in 3.17., the chart in 3.19., and the notice in 3.20., and for assuring that the license, charts, and notice are displayed in accordance with the provisions of this rule.

3.19. Posting of the Fetal Alcohol Syndrome Chart: All persons licensed to sell nonintoxicating beer at retail either for consumption off-premises or on-premises, or both, shall display signs provided by the Commissioner warning of the possible danger of birth defects which may result from the consumption of alcohol during pregnancy as prescribed by W. Va. Code § 60-6-25.

3.20. Posting of the Human Trafficking Notice: All persons licensed to sell nonintoxicating beer at retail either for off-premises consumption or on-premises consumption, or both, shall display the human trafficking notice required by W. Va. Code §15A-2-5.

3.21. Nonintoxicating Beer Transportation Permits for brewers, resident brewers, distributors, and Nonintoxicating Beer or Nonintoxicating Craft Beer Retail Transportation Permits for Class A Retail Dealers, Class B Retail Dealers, and Third Party Delivery Licensees.

3.21.a. Any brewer, resident brewer, distributor, Class A retail dealer, Class B retail dealer, third party delivery licensee, or any person transporting nonintoxicating beer or nonintoxicating craft beer for resale, and not for personal use, in or through this state on behalf of such licensees, or by contract or other means, may only transport nonintoxicating beer or nonintoxicating craft beer that is registered and available for resale, and not personal use, in or through West Virginia.

3.21.b. All vehicles transporting nonintoxicating beer or nonintoxicating craft beer for a brewer, resident brewer, distributor, or other person shall be issued a nonintoxicating beer transportation permit.

3.21.c. All vehicles delivering nonintoxicating beer or nonintoxicating craft beer for a Class A retail dealer, Class B retail dealer, third party delivery licensee, or other person after a retail sale shall be issued a nonintoxicating beer or nonintoxicating craft beer retail transportation permit.

3.21.c.1. Nonintoxicating beer or Nonintoxicating Craft Beer Retail Transportation Permit.

3.21.c.1.A. A Class A retail dealer, Class B retail dealer, and a third party licensee shall obtain and maintain a retail transportation permit for the delivery of food and nonintoxicating beer or nonintoxicating craft beer.

3.21.c.1.B. A Class A retail dealer, Class B retail dealer, and a third party shall apply for a permit and provide vehicle and driver information, required by the Commissioner. Upon any change in vehicles or drivers, Class B retail dealer and a third party licensee shall provide a written update of the vehicle and driver information to the Commissioner within 10 days of the change.

3.21.d. Transporting nonintoxicating beer or nonintoxicating craft beer for resale, and not for personal use, in or through this state requires a nonintoxicating beer or nonintoxicating craft beer retail transportation permit.

3.21.e. The Commissioner shall prescribe forms to complete such permitting.

3.22. Special privilege of Class A private club licensee to operate a separate but connected Class B license.

3.22.a. A Class A private club licensee with 1,000 or more members may, in the Commissioner's discretion, operate a Class B licenses for the off-premises sale of nonintoxicating beer and wine in a connected but separately operated area of the Class A private club premises.

3.22.b. The Class A licensed private club with 1,000 or more members and the Class B business must be licensed separately and operate separate cash registers and maintain separation barriers between the different licensed operations.

W. Va. Code R. § 176-1-3