Current through Register Vol. XLI, No. 50, December 13, 2024
Section 176-1-5 - Growlers5.1. The retail sale of nonintoxicating beer and nonintoxicating craft beer in growlers for off-premises personal consumption and not for resale from a brewer or resident brewer located in the state of West Virginia, a licensed brewpub, a Class A retail dealer, a Class B retail dealer, a Class A Retail licensee, or a Class B Retail licensee subject to certain requirements in the Code and the rules.5.2. For purposes of this rule an "authorized licensee" means a licensed brewer or resident brewer located in the state of West Virginia, a licensed brewpub, a Class A retail dealer, a Class B retail dealer, a Class A Retail licensee, or a Class B Retail licensee who has applied for the growler privilege, paid the $100.00 nonrefundable fee (or is a brewer, resident brewer, or brewpub exempt from such fee) and obtained all the necessary approvals for licensure with the growler privilege.5.3. The Commissioner shall provide growler informational and licensure forms on its website at www.abca.wv.gov.5.4. Growler requirements: 5.4.a. An authorized licensee may offer nonintoxicating beer or nonintoxicating craft beer only for retail sale to patrons from their licensed premises in a growler for personal consumption only off of the licensed premises and not for resale. 5.4.a.1. Prior to the sale, the authorized licensee shall verify, using proper identification, that any patron purchasing nonintoxicating beer or nonintoxicating craft beer is 21 years of age or over and that the patron is not visibly intoxicated.5.4.a.2. An authorized licensee may not sell, give, or furnish alcoholic liquors, including wine, for consumption off of its licensed premises subject to the penalties in the Code and this rule, unless it is:5.4.a.2.A. Any type of private club licensed to sell sealed wine for consumption off of the licensed premises and meets the requirements set out in subsections (j) and (l), of W. Va. Code § 60-8-3, for the sale of wine, or is separately authorized for the sale of wine growlers, or is private club restaurant or a private manufacturer club separately authorized for the sale of craft cocktail growlers;5.4.a.2.B. A retail outlet with a Class A retail license (freestanding liquor retail outlet) or Class B retail license (mixed retail liquor outlet) licensed to sell sealed original container liquor and nonintoxicating beer or wine, or all three, for off-premises consumption; or5.4.a.2.C. A Class B licensee licensed to sell sealed original container nonintoxicating beer or wine, or both for off-premises consumption.5.4.b. Growler requirements - An authorized licensee must sanitize, fill, or refill, securely seal, and label any growler prior to its sales in accordance with the Code and this rule. All growler sales and samples must comply with W. Va. Code § 11-16-6b.5.5. An authorized licensee shall remit a $100.00 nonrefundable fee for the growler privilege to the Commissioner, except for a licensed brewer or resident brewer located in the state of West Virginia, or a licensed brewpub.5.6. A brewer or resident brewer with its principal place of business and manufacture located in the State of West Virginia may only offer 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 W. Va. Code § 11-16-6a;5.7. An authorized licensee may provide complimentary samples of nonintoxicating beer or nonintoxicating craft beer in accordance with W. Va. Code § 11-16-6b;5.8. A brewer, resident brewer, or authorized licensee's failure to comply with any requirements or conditions of this section of the rule may result in penalties under the Code and this rule.