§60-8-27. Local Option Elections
The question "Shall the sale of alcoholic beverages under the West Virginia liquor control commission be permitted in …………………………………….."? stated in the petition and ballot under the provisions of sections three and five, article five of this chapter shall be deemed to include therein the sale of wine under the provisions of this article. Within […]
§60-8-28. Wine Brand Licensing and Registration and Review of Wine Labels
§60-8-28. Wine brand licensing and registration and review of wine labels. Every supplier offering wine for sale under this article shall register with the commissioner each wine brand offered for sale in the state and shall pay a fee of $100 for the registration of such wine brand for three years, such fee shall be […]
§60-8-29. Affidavit of Compliance Required of Distributors and Suppliers
Each applicant for a distributors license or a suppliers license shall furnish at the time of application an affidavit of compliance with federal and state laws regarding tied house laws, trade practice requirements, and furnishing things of value requirements set forth in the code and the rules. The commissioner shall suspend the licenses of licensed […]
§60-8-7. Records; Inspection
Every person who sells or ships wine as a direct shipper to West Virginia adult residents or who sells or ships wine to a distributor, and every distributor shall maintain records of all sales, shipments and deliveries, including invoices, records, receipts, bills of lading and other pertinent papers required by the commissioner. All such records […]
§60-8-30. Exclusive Franchise Agreements Prohibited
It shall be illegal for any manufacturer, winery, farm winery or supplier to enter into any exclusive franchise agreement with any distributor whereby any such distributor is given the exclusive right within this state or in any given territory within this state to distribute the product or products of such manufacturer which are to be […]
§60-8-16. Application for License
(a) Any person desiring a license under this article shall file a written application for a license with the commissioner and in the application shall state under oath: (1) The name of the applicant, including his or her trade name if any, his or her residence address and the length of his or her residence;
§60-8-31. Other Unlawful Acts
It is unlawful: (a) For a distributor to discriminate in price, sales agreements, terms or services offered to retailers, licensees or to any licensee under article seven of this chapter and further it is unlawful for a supplier to discriminate against a distributor in price, sales agreements, terms or services. "Discriminate", as used in this […]
§60-8-17. License Issuance or Refusal; Terms of License
(a) Upon receipt of the completed application, fee, and bond if required, the commissioner shall conduct any investigation he or she considers necessary to determine the accuracy of the matters contained in the completed application for the applicant or manager. For the purposes of conducting such investigation, the commissioner may withhold the granting or refusal […]
§60-8-32. Where Wine May Be Sold at Retail
§60-8-32. Where wine may be sold at retail. Except as to sales permitted to be made by wineries or farm wineries that obtain a retailer's license, private wine bed and breakfasts, private wine restaurants and private wine spas, wine sold pursuant to this article may be sold at retail only by the commissioner and in […]
§60-8-18. Revocation, Suspension, and Other Sanctions Which May Be Imposed by the Commissioner Upon the Licensee; Procedure for Appealing Any Final Order of the Commissioner Which Revokes, Suspends, Sanctions, or Denies the Issuance or Renewal of Any License Issued Under This Article
(a) The commissioner may on his or her own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article or any rule promulgated or any order issued by the commissioner has been violated by any licensee. After investigation, the commissioner may impose penalties and […]