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Home » US Law » 2022 West Virginia Code » Chapter 11. Taxation » Article 16. Nonintoxicating Beer

§11-16-24. Hearing on Sanctioning of License; Notice; Review of Action of Commissioner; Clerk of Court to Furnish Commissioner Copy of Order or Judgment of Conviction of Licensee; Assessment of Costs; 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 not revoke or suspend a license issued pursuant to this article or impose a civil penalty authorized under this article unless and until a hearing is held after at least ten days' notice to the licensee of the time and place of the hearing, which notice shall contain a statement or […]

§11-16-25. Reissuance of License After Revocation

No license shall be issued to any person who has formerly held a license, under the provisions of this article, which has been revoked by the commissioner, within a period of two years from the date of such revocation; nor shall any license be issued hereunder to any person who was an officer or stockholder […]

§11-16-26. Municipal License Tax

Any municipal corporation in this state shall have the authority to levy a license tax under the provisions of this article upon any retailer, distributor or brewer or operator of a brewpub of nonintoxicating beer whose place of business is situated within such municipality, but the amount of the license tax levied by such municipal […]

§11-16-28. Expiration Date of Existing Licenses; When Provisions Operable

(a) A license now in effect authorizing the manufacture, distribution or sale of nonintoxicating beer shall remain in effect until June 30, 1986, unless sooner revoked in accordance with the provisions of this article. (b) The provisions of this article enacted during the regular session of the Legislature held in the year 1986 shall become […]

§11-16-29. Severability

The provisions of subdivision (cc), section ten, article two, chapter two of this code shall apply to the provisions of this article to the same extent as if the same were set forth in extenso herein and to the extent therein provided the provisions of this article are declared to be severable.

§11-16-3. Definitions

For the purpose of this article, except where the context clearly requires differently: (1) “Brand” means a nonintoxicating beer product manufactured, brewed, mixed, concocted, blended, bottled, or otherwise produced, imported, or transshipped by a brewer or manufacturer, the labels of which have been registered and approved by the commissioner, that is being offered for sale […]

§11-16-4. Responsibility of Alcohol Beverage Control Commissioner; Administrators, Employees and Agents; Administration and Enforcement Expenses

(a) The Alcohol Beverage Control Commissioner described under the provisions of article two, chapter sixty of this code shall have sole responsibility for the administration of this article, except for those responsibilities expressly vested in the Tax Commissioner under sections thirteen, fourteen and fifteen of this article. All acts heretofore performed by the nonintoxicating beer […]

§11-16-6. License in One Capacity Only; No Connection Between Different Licensees; When Brewer May Act as Distributor; Credit and Rebates Proscribed; Brewer, Resident Brewer, and Brewpub Requirements

(a) A person shall not be licensed in more than one capacity under the terms of this article, and there shall be no connection whatsoever between any retailer, distributor, resident brewer, or brewer, and a person shall be interested, directly or indirectly, through the ownership of corporate stock, membership in a partnership, or in any […]

§11-16-6b. Brewpub, Class a Retail Dealer, Class B Retail Dealer, Private Club, Class a Retail Licensee, and Class B Retail Licensee”s Authority to Sell Growlers

(a) Legislative findings. — The Legislature hereby finds that it is in the public interest to regulate, control and support the brewing, manufacturing, distribution, sale, consumption, transportation, and storage of nonintoxicating beer and nonintoxicating craft beer and its industry in this state in order to protect the public health, welfare, and safety of the citizens […]

§11-16-6d. Nonintoxicating Beer or Nonintoxicating Craft Beer Delivery License for a Licensed Class a Retail Dealer or a Third Party; Requirements; Limitations; Third Party License Fee; Retail Transportation Permit; and Requirements

(a) 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 […]

§11-16-6e. License Required for Sale and Shipment of Nonintoxicating Beer or Nonintoxicating Craft Beer by a Brewer or Resident Brewer; Shipment of Limited Quantities of Nonintoxicating Beer or Nonintoxicating Craft Beer; Requirements; License Fee; and Penalties

(a) Authorization. Notwithstanding the provisions of this article or any other law to the contrary, 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 shippers […]

§11-16-6f. Nonintoxicating Beer or Nonintoxicating Craft Beer Delivery License for a Licensed Class B Retail Dealer or a Third Party; Requirements; Limitations; Third Party License Fee; Retail Transportation Permit; and Requirements

(a) 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 […]

§11-16-7. License Not Transferable; Change of Location

No license issued under the provisions of this article shall be transferred to another person, nor shall the location of the premises to which the license relates be changed without the written consent of the commissioner, which consent may be given or refused, in his or her discretion.

§11-16-8. Form of Application for License; Fee and Bond; Refusal of License

(a) A license may be issued by the commissioner to any person who submits an application, accompanied by a license fee and, where required, a bond, and states under oath: (1) The name and residence of the applicant, the duration of the residency, and that the applicant is 21 years of age. If the applicant […]