West Virginia Code of State Rules Agency 175 - Alcohol Beverage Control Commission
West Virginia Code of State Rules Agency 175 – Alcohol Beverage Control Commission
Overview:
Agency 175 establishes the rules and regulations for the control, regulation, licensing, and enforcement of alcohol-related activities within the state of West Virginia. The Commission oversees the issuance and management of licenses for the manufacture, distribution, and sale of alcoholic beverages, ensuring compliance with the state’s policies as outlined in the Code of State Rules.
Structure:
The rules under Agency 175 are divided into several series, each addressing different aspects of alcohol control. Some of the key series include:
Series 1: General Provisions and Definitions
This series provides definitions for terms used throughout the regulations, outlines the scope of the Commission’s authority, and sets general procedural guidelines.
Series 2: Private Club Licensing
This series governs the licensing process for private clubs that serve alcoholic beverages. It outlines eligibility criteria, application requirements, and restrictions on operations.
Series 8: Cigarettes Produced for Export and Imported Cigarettes (within the scope of Alcohol Beverage Control)
Addresses rules concerning the sale and distribution of cigarettes connected with alcohol beverage licensing.
Series 10: Distillery Regulations
This series contains rules specific to distilleries, mini-distilleries, and micro-distilleries, covering licensing, prohibited practices, and operational guidelines.
Key Provisions and Rules:
1. Licensing Procedures
Licenses must be applied for in writing using forms prescribed by the Commission.
Applications require detailed personal and business information.
Licenses are subject to renewal and can be revoked or suspended for violations of the rules.
2. Eligibility and Grounds for Denial
The Commission may deny licenses based on incomplete or false information.
Certain conduct or business practices deemed inconsistent with the purposes of regulation can disqualify applicants.
Private clubs must meet specific membership and operational criteria to maintain licenses.
3. Prohibitions and Restrictions
License holders are prohibited from engaging in activities such as providing inducements to retailers or entering into ownership interests with retailers (distilleries).
Certain types of advertising or promotional practices may be restricted to prevent unfair competition or undue influence.
There are limitations on the display, sale, and transfer of alcoholic beverages connected to licensed entities.
4. Enforcement
The Commission conducts inspections and investigations to ensure compliance.
Violations may lead to sanctions including fines, license suspension, or revocation.
The rules provide a process for hearings and appeals regarding enforcement actions.
Administrative Procedures:
Notices and communications under the rules must be served in prescribed manners.
License holders are required to maintain records and submit reports as required by the Commission.
The Commission holds meetings to review applications, complaints, and enforcement matters.
Summary
Agency 175 constitutes a comprehensive regulatory framework created by the West Virginia Alcohol Beverage Control Commission. It governs all aspects of alcohol licensing, from application to enforcement, to ensure the lawful, responsible distribution and sale of alcoholic beverages within the state. The regulations define roles, responsibilities, and limitations for all stakeholders, aiming to balance industry activity with public safety and fair practice.
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