§11-16-1. Short Title
This article shall be known and may be cited as "The Nonintoxicating Beer Act."
§11-16-10. Brewer”s License for Foreign Corporation; Application; Bond; Contents of Application; Limitations; Licensed Representatives for Brewers, Resident Brewers, and Distributors; Annual License Fee; Renewal; Suspension; License Fee for Sales Representatives; Transportation Permits; Container Label Registration; and Beer License Operations Fund Created; and Implementation Operations of Fee
(a) A brewers license shall be issued by the commissioner to a foreign corporation which submits an application therefor accompanied by the license fee hereinafter prescribed, a certified copy of the certificate of authority issued by the Secretary of State authorizing such foreign corporation to transact business in the state, and a certified copy of […]
§11-16-11. Special License for Festivals and Fairs; License Fee and Application; License Subject to Provisions of Article; Exceptions
The commissioner may issue a special license to be designated a Class S license for the retail sale of nonintoxicating beer at a festival or fair, provided the festival or fair is sponsored or endorsed by the governing body of either the municipality or of the county wherein the festival or fair is to be […]
§11-16-11a. Nonintoxicating Beer Sampling
(a) Notwithstanding any provision of this code to the contrary, a Class A retail licensee may, with the written approval of the commissioner, conduct a nonintoxicating beer sampling event on a designated nonintoxicating beer sampling day. (b) At least five business days prior to the nonintoxicating beer sampling, the Class A retail licensee shall submit […]
§11-16-11b. Special License for One-Day Charitable Events; Application; License Subject to Provisions of Article; Exception
(1) The commissioner may issue a special one-day license to be designated a Class S1 license for the retail sale of nonintoxicating beer and nonintoxicating craft beer to 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 […]
§11-16-11c. Unlicensed Brewer or Unlicensed Home Brewer Temporary License; Fees; Requirements
(a) An unlicensed brewer or home brewer may obtain a temporary special license, upon meeting the requirements set forth in this section, to offer its nonintoxicating beer or nonintoxicating craft beer for sampling and sales at a fair and festival licensed under 11-16-11 and 11-16-11b of this code, when granted approval by the fair and […]
§11-16-12. When Bond Not Required; Bond of a Class a Retail Dealer; Action on Bond of Retail Dealer Upon Revocation of License; Duty of Prosecuting Attorney
(a) There shall be no bond for a brewer, resident brewer, distributor, Class S brewpub license, as the license privilege itself secures the payment of taxes and is subject to suspension and revocation for failure to pay said taxes. (b) Each Class A retail dealer, in addition to furnishing the information required by this article, […]
§11-16-13. Barrel Tax on Nonintoxicating Beer
(a) There is hereby levied and imposed, in addition to the license taxes provided for in this article, a tax of $5.50 on each barrel of thirty-one gallons and in like ratio on each part barrel of nonintoxicating beer manufactured in this state for sale within this state, whether contained or sold in barrels, bottles […]
§11-16-14. Collection of Unpaid License Tax
If any person whose report to the Tax Commissioner as provided for in section thirteen of this article shows him to be liable for any unpaid taxes, and who shall fail to pay the same as provided herein, the Tax Commissioner shall be authorized to institute collection remedies provided for in article ten of this […]
§11-16-15. Records of Brewer, Manufacturer or Distributor or Operator of a Brewpub; Collection of Unpaid Tax and Penalty
Every brewer, manufacturer or distributor or operator of a brewpub shall maintain, keep and preserve for a period of three years such record or records of nonintoxicating beer manufactured, sold or distributed in this state, including, but not limited to, coolers, together with such invoices, records, receipts, bills of lading and other pertinent papers as […]
§11-16-16. Restrictions on Nonresident Brewers, Manufacturers and Distributors
No brewer or manufacturer whose chief place of business is outside the State of West Virginia shall offer for sale or sell nonintoxicating beer, in the State of West Virginia, or offer any of the same for shipment into this state, except to a distributor who is duly licensed under this article, and no such […]
§11-16-17. Container Labeling
It shall be unlawful for any brewer, brewpub, manufacturer, distributor or retailer to have affixed upon any beer, ale or other malt beverage or malt cooler container, sold or for sale in this state, a label bearing any design, picture or wording, indicating that the contents of the container are brewed or manufactured for one […]
§11-16-17a. Commissioner to Investigate, Review, and Approve or Deny Franchise Agreements, Labels, Brands, and Line Extensions
(a) The commissioner shall investigate and review: (1) All franchise agreements and any amendments to a franchise agreement to verify compliance with this article and the promulgated rules.
§11-16-18. Unlawful Acts of Licensees; Criminal Penalties
(a) It is unlawful: (1) Except as provided for in 7-1-3ss and this chapter of this code, any licensee, his, her, its, or their servants, agents, or employees to sell, give, or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected thereto, nonintoxicating beer […]
§11-16-19. Unlawful Acts of Persons; Criminal Penalties
(a) (1) Any person under the age of twenty-one years, who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or shall be confined in jail, or, in the case of a juvenile, a detention facility, for a […]
§11-16-2. Declaration of Legislative Findings, Policy and Intent; Construction
It is hereby found by the Legislature and declared to be the policy of this state that it is in the public interest to regulate and control the manufacture, sale, distribution, transportation, storage, and consumption of the beverages regulated by this article within this state and that, therefore, the provisions of this article are a […]
§11-16-20. Unlawful Acts of Brewers or Manufacturers; Criminal Penalties
(a) It is unlawful: (1) For any brewer or manufacturer, or any other person, firm or corporation engaging in the business of selling nonintoxicating beer, ale or other malt beverage or cooler to a distributor or wholesaler, to discriminate in price, allowance, rebate, refund, commission, discount or service between distributors or wholesalers licensed in West […]
§11-16-21. Requirements as to Franchise Agreements Between Brewers and Distributors; Transfer of Franchise by Distributor; Franchise Distributor Network; Notice Thereof to Brewer; Arbitration of Disputes as to Such Transfer; Violations and Penalties; Limitation of Section
(a) On and after July 1, 1971, it shall be unlawful for any brewer to transfer or deliver to a distributor any nonintoxicating beer, ale or other malt beverage or malt cooler without first having entered into an equitable franchise agreement with such distributor, which franchise agreement and any amendments to that agreement shall be […]
§11-16-22. Powers of the Commissioner; Rules, or Orders
(a) In addition to all other powers conferred upon the commissioner and in order to effectively carry out the provisions, intent and purposes of this article, the commissioner shall have the power and authority to adopt, promulgate, repeal, rescind and amend, in accordance with the provisions of chapter 29A of this code, rules, standards, requirements […]
§11-16-23. Revocation or Suspension of License; Monetary Penalty; Hearing Assessment of Costs; Establishment of Enforcement Fund
(a) Upon a determination by the commissioner that a licensee has: (i) Violated the provisions of section eighteen of this article or of chapter sixty of this code; (ii) acted in such a way as would have precluded initial or renewal licensure; or (iii) violated any rule or order promulgated by the commissioner, the commissioner […]