Current through Register Vol. XLI, No. 38, September 20, 2024
As used in this rule and unless the context clearly requires
a different meaning, the following terms shall have the meaning ascribed
herein, and apply in the singular and in the plural.
2.1 The "ABCA" refers to the West Virginia
Alcohol Beverage Control Administration or Commission.
2.2. "Alcoholic liquor" means alcohol, beer,
including barley beer, wine, including barley wine and distilled spirits, and
any liquid or solid capable of being used as a beverage, but does not include
wine with an alcohol content of 14% or less by volume, nonintoxicating beer or
nonintoxicating craft beer, or nonintoxicating beverages.
2.3. "Applicant" means a private club
applying for a license under the provisions of W. Va. Code §
60-7-1
et
seq.
2.4. "Beer" means any
beverage obtained by the fermentation of barley, malt, hops, or any other
similar product or substitute, and containing more alcohol than that of
nonintoxicating beer or nonintoxicating craft beer and shall be included in the
definition of "liquor" and "alcoholic liquor", as used in W.Va. Code §
11-16-1
et seq.:
Provided, That in the Liquor Control Act, "beer" shall not be
construed to include or embrace nonintoxicating beer or nonintoxicating craft
beer.
2.5. "Code" means the
official Code of West Virginia, 1931, as amended.
2.6. "Commissioner" or "Alcohol Beverage
Control Commissioner" means the Commissioner of the West Virginia Alcohol
Beverage Control Administration (ABCA or Commission) or his or her
delegate.
2.7. Commissioner's
Forms: "ABCA" form designation means documents used by ABCA.
2.8. "Distilled spirits" means ethyl alcohol,
ethanol or spirits, or wine, including all dilutions and mixtures thereof, from
whatever source or by whatever process produced, for beverage use including,
but not limited to, natural spirits, whiskey, brandy, rum, gin, vodka,
cordials, and liqueurs. Any alcoholic beverage containing more than 24% of
alcohol by volume shall be deemed to be distilled spirits.
2.9. "Fortified wine" means any wine to which
brandy or other alcohol has been added and includes dessert wines which are not
fortified and any wine containing greater than 14% alcohol by volume.
2.10. "Growler" means a container or jug that
is made of glass (also a 32 ounce glass container, referred to as a howler),
ceramic, metal (also a canned type of metal growler referred to as a crowler)
or other material approved by the Commissioner, that may be no larger than 128
fluid ounces in size and must be capable of being securely sealed. The growler
is utilized by an authorized licensee for purposes of off-premises sales only
of nonintoxicating beer or nonintoxicating craft beer for personal consumption
not on a licensed premises and not for resale. A securely sealed growler is not
an open container under state and local law. A growler with a broken seal is an
open container under state and local law unless it is located in an area of the
motor vehicle physically separated from the passenger compartment. The secure
sealing of a growler requires the use of a tamper-evident seal, shrink wrap, or
other material, as approved by the Commissioner, placed on or over the
growler's opening. The seal, shrink wrap, or other material must be clearly
marked with the date of the secure sealing by the authorized licensee who is
selling the growler. Additional requirements are set forth in W. Va. Code
§
60-8-1
et seq.,
for wine growlers, and in W. Va. Code §
60-7-1
et seq.,
and this rule for craft cocktail growlers.
2.11. "Intoxicated" means having one's
faculties impaired by alcohol or other drugs to the point where physical or
mental control or both are markedly diminished.
2.12. "Nonintoxicating beer" means any
beverage, obtained by the fermentation of barley, malt, hops, or similar
products or substitute and containing at least one-half of one percent (.5%)
alcohol by volume, but not more than 11.9% of alcohol by weight, or 15% by
volume, whichever is greater, with no caffeine infusion or any additives
masking or altering the alcohol effect. The word "liquor" as used in W. Va.
Code §
60-1-1
et seq.,
does not include or embrace nonintoxicating beer nor any of the beverages,
products, mixtures, or preparations included within this definition. For the
purposes of this definition "infusion" means and includes to artificially add,
input, or otherwise deliver caffeine or any other additive, not a true
flavoring or coloring, that would mask or alter the alcohol effect in
nonintoxicating beer.
2.13.
"Nonintoxicating craft beer" means any beverage obtained by the natural
fermentation of barley, malt, hops, or any other similar product or substitute
and containing not less than 5% percent by volume and not more than 15% alcohol
by volume or 11.9% alcohol by weight with no caffeine infusion or any additives
masking or altering the alcohol effect. For the purposes of this definition
"infusion" means and includes any artificially added, input, or otherwise
delivered caffeine or any other additive, not a true flavoring or coloring,
that would mask or alter the alcohol effect in nonintoxicating craft
beer.
2.14. "Liquor Control Act"
means Chapter 60 of the Code.
2.15.
"Manager" means an individual who is the applicant's or licensee's on-premises
employee, member, partner, shareholder, director, or officer who meets the
licensure requirements of W. Va. §
60-7-1
et seq.
and rules promulgated thereunder who actively manages, conducts, and carries on
the day-to-day operations of the applicant or licensee with full and apparent
authority or actual authority to act on behalf of the applicant or licensee.
Such duties include but are not limited to: coordinating staffing; reviewing
and approving payroll; ordering and paying for inventory, such as
nonintoxicating beer, wine, and liquor, as applicable; and managing security
staff, security systems, video, and other security equipment; and any further
acts or actions involved in managing the affairs of the business, on behalf of
owners, partners, members, shareholders, officers, or directors.
2.16. "Market zone" means the geographical
area designated as such by the Retail Liquor Licensing Board for the purpose of
issuing retail liquor outlet licenses.
2.17. "Person" means an individual, firm,
partnership, limited partnership, corporation, limited liability company, or
voluntary association.
2.18.
"Public place" means any place, building, or conveyance to which the public
has, or is permitted to have access, including, but not limited to
establishments that provide lodging, places that sell food, for consumption on
or off the premises including, but not limited to, vessels, parks, airports,
and any highway, street, lane, park, or place of public resort or amusement:
Provided, That the term "public place" does not mean or
include any of the above-named places or any portion or portions thereof which
qualify and are licensed by the Commissioner to sell alcoholic liquors for
consumption on the premises, nor shall the term "public place" mean or include
any legally demarcated area designated solely for the consumption of beverages
and freshly prepared food that directly connects and adjoins any portion or
portions of a premises that qualifies and is licensed under the provisions of
Chapter 60 of the West Virginia Code to sell alcoholic liquors for consumption
thereupon, which may include certain legally demarcated deck areas or other
areas that meet the requirements specified in this proviso and further that
legal demarcation includes, but is not limited to, ABCA rules; local
ordinances; county zoning requirements; Americans with Disabilities Act
requirements; State Fire Marshal requirements; any other applicable laws,
including, but not limited to, state and federal law; public safety
requirements and so forth: Provided however, That the term
"public place" also does not include a facility constructed primarily for the
use of a Division I, II, or III college that is a member of the National
Collegiate Athletic Association, or its successor, and used as a football,
basketball, baseball, soccer or other Division I, II, or III sports stadium and
also which holds a special license to sell wine pursuant to the provisions of
W.Va. Code §
60-8-3, in the designated areas of
sale and consumption of wine and other restrictions established by that section
and the terms of the special license issued thereunder.
2.19. "Private Caterer" means a licensed
private club restaurant authorized by the Commissioner to cater and serve food
and sell and serve alcoholic liquors, or non-intoxicating beer, or
non-intoxicating craft beer. A private caterer shall purchase wine sold or
served at a catering event from a wine distributor. A private caterer shall
purchase nonintoxicating beer and nonintoxicating craft beer sold or served at
the catering event from a licensed beer distributor. A private caterer shall
purchase liquor from a retail liquor outlet authorized to sell in the market
zone, where the catering event is held. The private caterer or the persons or
entity holding the catering event shall:
2.19.1. Have at least 10 members and guests
attending the catering event;
2.19.2. Have obtained an open container
waiver, be conducted inside a person's private home in accordance with W.Va.
Code §
60-6-1, or have otherwise been
approved by a municipality or county in which the event is being
held;
2.19.3. Operate a private
club restaurant on a daily operating basis;
2.19.4. Only use its employees, independent
contractors, or volunteers to sell and serve alcoholic liquors who have
received certified training in verifying the legal identification, the age of a
purchasing person, and the signs of visible, noticeable, and physical
intoxication;
2.19.5. Provide to
the Commissioner, at least 7 days before the event is to take place:
2.19.5.a. The name and business address of
the unlicensed private venue where the private caterer is to provide food and
alcohol for a catering event, which can be an unlicensed business or a private
home;
2.19.5.b. The name of the
owner or operator of the unlicensed private venue;
2.19.5.c. A copy of the contract or contracts
between the private caterer, the person contracting with the caterer, and the
unlicensed private venue;
2.19.5.d.
A floorplan of the unlicensed private venue to comprise the private catering
premises, which shall only include spaces in buildings or rooms of an
unlicensed private venue where the private caterer has control of the space for
a set time period where the space safely accounts for the ingress and egress of
the stated members and guests who will be attending the private catering event
at or on the catering premises. The unlicensed private venue's floorplan during
the set time period as stated in the contract shall comprise the private
caterer's licensed premises, which is authorized for the lawful sale, service,
and consumption of alcoholic liquors, nonintoxicating beer and nonintoxicating
craft beer, and wine throughout the licensed private catering premises;
Provided, that the unlicensed private venue shall:
2.19.5.d.1. Be inside a building or
structure;
2.19.5.d.2. Have other
facilities to prepare and serve food and alcohol;
2.19.5.d.3. Have adequate restrooms, and
sufficient building facilities for the number of members and guests expected to
attend the private catering event; and
2.19.5.d.4. Otherwise be in compliance with
health, fire, safety, and zoning requirements.
2.19.6. Not hold more than 15 private
catering events per calendar year. Upon reaching the 16th event, the unlicensed
venue shall obtain its own private club license type;
2.19.7. Submit to the Commissioner, evidence
that any noncontiguous area of an unlicensed venue is within 150 feet of the
private caterer's submitted floorplan, and may submit a floorplan extension for
authorization to permit alcohol and food at an outdoor event;
2.19.8. Meet and be subject to all other
private club requirements, as applicable; and
2.19.9. Use an age verification system
approved by the Commissioner.
2.20. "Private club" means any corporation,
limited liability company, or unincorporated association which either:
2.20.1. Belongs to or is affiliated with a
nationally recognized fraternal or veterans organization that is operated
exclusively for the benefit of its members and pays no part of its income to
its shareholders or individual members; owns or leases a building or other
premises such as vessels, parks, and airports; admits only duly elected or
approved dues paying members in good standing of such corporation or
association and their guests while in the company of a member and does not
admit the general public; and maintains in said building or premises a suitable
kitchen and dining facility with related equipment for serving food to members
and their guests; or
2.20.2. Is a
nonprofit social club operated exclusively for the benefit of its members; pays
no part of its income to its shareholders or individual members; owns or leases
a building or other premises; grants admission to only duly elected or approved
dues paying members in good standing of such corporation or association and
their guests while in the company of a member and does not allow admission of
the general public; and maintains in said building or on said premises a
suitable kitchen and dining facility with related equipment for serving food to
members and their guests; or
2.20.3. Is organized and operated for
legitimate purposes and has at least 100 duly elected or approved dues paying
members in good standing; owns or leases a building or other premises,
including any vessel licensed or approved by any federal agency to carry or
accommodate passengers on navigable waters of this State; admits only duly
elected or approved dues paying members in good standing of such corporation or
association and their guests while in the company of a member and does not
admit the general public; maintains in said building or on said premises a
suitable kitchen and dining facility with related equipment and employs a
sufficient number of persons for serving meals to members and their guests;
or
2.20.4. Is organized for
legitimate purposes and owns or leases a building or other limited premises in
any state, county, or municipal park or at any airport, in which building or
premises a club has been established; grants admission to only duly elected and
approved dues paying members in good standing and their guests while in the
company of a member and does not admit the general public; maintains in
connection with said club a suitable kitchen and dining facility and related
equipment; and employs a sufficient number of persons for serving meals in said
club to their members and guests.
2.21. "Private club bar" means an applicant
for a private club or licensed private club licensee that has a primary
function for the use of the licensed premises as a bar for the sale and
consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating
craft beer when licensed for such sales, while providing a limited food menu
for members and guests, and meeting the following criteria which:
2.21.1. Has at least 100 members;
2.21.2. Operates a bar with a kitchen,
including at least:
2.21.2.a. A two-burner hot
plate, air fryer, or microwave oven;
2.21.2.b. A sink with hot and cold running
water;
2.21.2.c. A 17 cubic foot
refrigerator or freezer, or some combination of a refrigerator and freezer,
which is not used for alcohol cold storage;
2.21.2.d. Kitchen utensils and other food
consumption apparatus, as determined by the Commissioner; and
2.21.2.e. Food fit for human consumption
available to be served during all hours of operation on the licensed
premises;
2.21.3.
Maintains, at any one time, $500 of food inventory capable of being prepared in
the private club bar's kitchen. In calculating the food inventory, the
Commissioner shall include television dinners, bags of chips or similar
products, microwavable food or meals, frozen meals, prepackaged foods, or
canned prepared foods;
2.21.4. Uses
an age verification system approved by the Commissioner for the purpose of
verifying that persons under the age of 18 who are in the private club bar are
accompanied by a parent or legal guardian, and if a person under 18 years of
age is not accompanied by a parent or legal guardian that person may not be
admitted as a guest; and
2.21.5.
Meets and is subject to all other private club requirements.
2.22. "Private club restaurant"
means an applicant for a private club or licensed private club licensee that
has a primary function of using the licensed premises as a restaurant for
serving freshly prepared meals and dining in the restaurant area. The private
club restaurant may have a bar area separate from or commingled with the
restaurant, however seating requirements for members and guests must be met by
the restaurant area. The applicant for a private club restaurant license shall
meet the following criteria which:
2.22.1. Has
at least 100 members;
2.22.2.
Operate a restaurant and full kitchen with at least:
2.22.2.a. Ovens and four-burner
ranges;
2.22.2.b. Refrigerators or
freezers, or some combination of refrigerators and freezers, greater than 50
cubic feet, or a walk-in refrigerator or freezer;
2.22.2.c. Other kitchen utensils and
apparatus, as determined by the Commissioner; and
2.22.2.d. Freshly prepared food fit for human
consumption available to be served during all hours of operation on the
licensed premises;
2.22.3. Maintains a fresh food inventory
capable of being prepared in the private club restaurant's full kitchen;
and
2.22.4. Uses an age
verification system approved by the Commissioner for the purpose of verifying
that persons under 18 years of age who are in the bar area of a private club
restaurant are accompanied by a parent or legal guardian. The licensee may not
seat a person in the bar area who is under the age of 18 years and who is not
accompanied by a parent or legal guardian, but may allow that person, as a
guest, to dine for food and nonalcoholic beverage purposes in the restaurant
area of a private club restaurant;
2.22.5. Corkage Fee:
2.22.5.a. May uncork and serve members and
guests up to two bottles of wine that a member purchased when the purchase is
for personal use and, not for resale.
2.22.5.b. May charge a corkage fee of up to
$10 dollars per bottle.
2.22.5.c.
May not permit a member or a group of members and guests to exceed up to two
sealed bottles or containers of wine to carry onto the licensed premises for
uncorking and serving by the private club restaurant and for personal
consumption by the member and guests.
2.22.5.d. May cork and reseal any unconsumed
wine bottles as provided in W. Va. Code §
60-8-3(j) and the
legislative rules, for carrying unconsumed wine off the licensed
premises.
2.22.6. Must
have at least two restrooms for members and their guests:
Provided, that this requirement may be waived by the local
health department upon supplying a written waiver of the requirement to the
Commissioner: Provided, however, that the requirement may also
be waived for a historic building by written waiver supplied to Commissioner of
the requirement from the historic association or district with jurisdiction
over a historic building: Provided, further that in no event
shall a private club restaurant have less than one restroom; and
2.22.7. Shall meet and be subject to all
other private club requirements.
2.23. "Private farmers market" means an
applicant for a private club or licensed private club licensee that operates as
an association of bars, restaurants, and retailers who sell West Virginia made
products among other products, and other stores who open primarily during
daytime hours of 6:00 a.m. to 6:00 p.m., but may operate in the day or evenings
for special events where the sale of food and alcoholic liquors and
nonintoxicating beer or nonintoxicating craft beer may occur for on-premises
consumption, such as reserved weddings, reserved dinners, pairing events,
tasting events, reunions, conferences, meetings, or other special events and
does not maintain daily or regular operating hours as a bar or restaurant, and
all business that are members of the association have agreed in writing to be
liable and responsible for all sales, service, furnishing, tendering, and
consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating
craft beer occurring on the entire licensed premises of the private farmer's
market, including indoor and outdoor bounded areas, and further the applicant
shall:
2.23.1. Have at least 100
members;
2.23.2. Have one or more
members operating a private club restaurant and full kitchen with ovens,
four-burner ranges, a refrigerator, or freezer (or some combination of the
two), and other kitchen utensils and apparatus as determined by the
Commissioner on the licensed premises and serves freshly prepared food at least
15 hours per week;
2.23.3. Have one
or more members operating who maintains a fresh food inventory capable of being
prepared for events conducted at the private farmers market in the private club
restaurant's full kitchen;
2.23.4.
Have an association that owns or leases, controls, operates, and uses acreage
amounting to more than one acre, which is contiguous acreage of bounded or
fenced real property which would be listed on the licensee's floorplan and
would be used for large contracted for reserved weddings, reserved dinners,
pairing events, tasting events, reunions, conferences, meetings, or other
special events;
2.23.5. Have an
association that lists in the application for licensure the entire property and
all adjoining buildings and structures on the private farmers market's
floorplan which would comprise the licensed premises, which would be authorized
for the lawful sales, service, and consumption of alcoholic liquors and
nonintoxicating beer or nonintoxicating craft beer throughout the licensed
premises whether these activities were conducted in a building or structure or
outdoors while on the private farmers market's licensed premises and as noted
on the private farmers market's floorplan;
2.23.6. Have an identified person, persons,
or entity that has right, title, and ownership or lease interest in the real
property buildings and structures located on the proposed licensed
premises;
2.23.7. Have at least two
separate and unrelated vendors applying for the license and certifying that all
vendors in the association have agreed to the liability, and responsibility
associated with a private farmers market license;
2.23.8. Only use its employees, independent
contractors, or volunteers to purchase, sell, furnish, or serve liquor, wine,
or nonintoxicating beer or nonintoxicating craft beer;
2.23.9. Provide adequate restroom facilities,
whether permanent or portable, to serve the stated members and guests who will
be attending the private farmers market;
2.23.10. Provide a copy of a written
agreement between all the vendors of the association that is executed by all
vendors stating that each vendor is jointly and severally liable for any
violations of this chapter committed during the event;
2.23.11. Provide a security plan indicating
all vendor points of service, entrances, and exits in order to verify members,
patrons, and guests ages, whether a member, patron, or guest is intoxicated and
to provide for the public health and safety of members, patrons, and
guests;
2.23.12. Use an age
verification system approved by the Commissioner; and
2.23.13. Meet and be subject to all other
private club requirements.
2.24. "Private fair and festival" means an
applicant for a private club or a licensed private club meeting the
requirements of W. Va. Code §
60-7-8a for a temporary private
club event or Class S2 license, and the criteria set forth in this subsection
which:
2.24.1. Has at least 100
members;
2.24.2. Has been
sponsored, endorsed, or approved, in writing, by the governing body (or its
duly elected or appointed officers) of either the municipality or of the county
wherein the festival, fair, or other event is to be conducted;
2.24.3. Shall prepare, provide, or engage a
food caterer to provide adequate freshly prepared food or meals to serve its
stated members and guests who will be attending the temporary festival, fair,
or other event, and further shall provide any documentation or agreements of
such to the Commissioner prior to approval;
2.24.4. Shall not use third-party entities or
individuals to purchase, sell, furnish, or serve alcoholic liquors (liquor and
wine), nonintoxicating beer, or nonintoxicating craft beer;
2.24.5. Shall provide adequate restroom
facilities, whether permanent or portable, to serve the stated members and
guests who will be attending the festival, fair, or other event;
2.24.6. Shall provide a floorplan for the
proposed premises with a defined and bounded area to safely account for the
ingress and egress of stated members and guests who will be attending the
festival, fair, or other event; and
2.24.7. Utilizes an age verification system
approved by the Commissioner.
2.25. "Private hotel" means an applicant for
a private club or licensed private club licensee which:
2.25.1. Has at least 2,000 members;
2.25.2. Offers short-term, daily rate
accommodations or lodging for members and their guests amounting to at least 30
separate bedrooms, and also offers a conference center for meetings;
2.25.3. Operates a restaurant and full
kitchen with ovens, four-burner ranges, walk-in freezers, and other kitchen
utensils and apparatus, as determined by the Commissioner, on the licensed
premises and serves freshly prepared food at least 20 hours per week;
2.25.4. Maintains, at any one time, $2,500.00
of fresh food inventory capable of being prepared in the private hotel's full
kitchen, and in calculating the food inventory the Commissioner may not include
microwavable, frozen, or canned foods;
2.25.5. Owns or leases, controls, operates,
and uses acreage amounting to more than one acre but fewer than three acres,
which are contiguous acres of bounded or fenced real property which would be
listed on the licensee's floorplan and would be used for hotel and conferences
and large contracted for group-type events such as weddings, reunions,
conferences, meetings, and sporting or recreational events;
2.25.6. Lists in the application the acreage
referenced in subsection 2.25.5. and the entire property and all adjoining
buildings and structures on the private hotel's floorplan which would comprise
the licensed premises, which would be authorized for the lawful sales, service,
and consumption of alcoholic liquors throughout the licensed premises whether
these activities were conducted in a building or structure or outdoors while on
the private hotel's licensed premises and as noted on the private hotel's
floorplan;
2.25.7. Has an
identified person, persons, or entity that has right, title and ownership or
lease interest in the real property buildings and structures located on the
proposed licensed premises; and
2.25.8. Utilizes an age verification system
approved by the Commissioner.
2.26. "Private resort hotel" means an
applicant for a private club or licensed private club licensee which:
2.26.1. Has at least 5,000 members;
2.26.2. Offers short-term, daily rate
accommodations or lodging for members and their guests amounting to at least 50
separate bedrooms;
2.26.3. Operates
a restaurant and full kitchen with ovens, six-burner ranges, walk-in freezers,
and other kitchen utensils and apparatus, as determined by the Commissioner, on
the licensed premises and serves freshly prepared food at least 25 hours per
week;
2.26.4. Maintains, at any one
time, $5,000 of fresh food inventory capable of being prepared in the private
resort hotel's full kitchen, and in calculating the food inventory the
Commissioner may not include microwavable, frozen, or canned foods;
2.26.5. Owns or leases, controls, operates,
and uses acreage amounting to at least 10 contiguous acres of bounded or fenced
real property which would be listed on the licensee's floorplan and would be
used for destination, resort, and large contracted for group-type events such
as weddings, reunions, conferences, meetings, and sporting or recreational
events;
2.26.6. Lists the entire
property from subsection 2.26.5. and all adjoining buildings and structures on
the private resort hotel's floorplan which would comprise the licensed
premises, which would be authorized for the lawful sales, service, and
consumption of alcoholic liquors throughout the licensed premises whether these
activities were conducted in a building or structure or outdoors while on the
private resort hotel's licensed premises and as noted on the private resort
hotel's floorplan;
2.26.7. Has an
identified person or persons or entity that has right, title, and ownership or
lease interest in the real property buildings and structures located on the
proposed licensed premises;
2.26.8.
Utilizes an age verification system approved by the Commissioner; and
2.26.9. May have a separately licensed
resident brewer with a brewpub license inner-connected via a walkway, doorway,
or entryway, all as determined and approved by the Commissioner, for limited
access during permitted hours of operation for tours and complimentary samples
at the resident brewery.
2.27. "Private golf club" means an applicant
for a private club or licensed private club licensee which:
2.27.1. Has at least 100 members;
2.27.2. Maintains at least one 18-hole golf
course with separate and distinct golf playing holes, not reusing nine golf
playing holes to comprise the 18 golf playing holes, and a clubhouse;
2.27.3. Operates a restaurant and full
kitchen with ovens, as determined by the Commissioner, on the licensed premises
and serves freshly prepared food at least 15 hours per week;
2.27.4. Owns or leases, controls, operates,
and uses acreage amounting to at least 80 contiguous acres of bounded or fenced
real property which would be listed on the private golf club's floorplan and
could be used for golfing events and large contracted for group-type events
such as weddings, reunions, conferences, meetings, and sporting or recreational
events;
2.27.5. Lists the entire
property from subsection 2.27.4. and all adjoining buildings and structures on
the private golf club's floorplan which would comprise the licensed premises,
which would be authorized for the lawful sales, service, and consumption of
alcoholic liquors throughout the licensed premises whether these activities
were conducted in a building or structure or outdoors while on the private golf
club's licensed premises and as noted on the private golf club's
floorplan;
2.27.6. Has an
identified person or persons or entity that has right, title, and ownership
interest in the real property buildings and structures located on the proposed
licensed premises; and
2.27.7.
Utilizes an age verification system approved by the Commissioner.
2.28. "Private manufacturer club"
means an applicant for a private club or licensed private club licensee which
is also licensed as a distillery, mini-distillery, micro-distillery, winery,
farm winery, brewery, or resident brewery that manufacturers liquor, wine, or
nonintoxicating beer or nonintoxicating craft beer, which may be sold, served,
and furnished to members and guests for on-premises consumption at the
licensee's licensed premises and in the area or areas denoted on the licensee's
floorplan, and which meets the following criteria which:
2.28.1. Has at least 100 members;
2.28.2. Offers tours, may offer complimentary
samples, and may offer space as a conference center or for meetings;
2.28.3. Operates a restaurant and full
kitchen with ovens, four-burner ranges, a refrigerator, freezer, or some
combination of a refrigerator and freezer, and other kitchen utensils and
apparatus as determined by the Commissioner on the licensed premises and serves
freshly prepared food at least 15 hours per week;
2.28.4. Maintains a fresh food inventory
capable of being prepared in the private manufacturer club's full
kitchen;
2.28.5. Owns or leases,
controls, operates, and uses acreage amounting to at least one acre which is
contiguous bounded or fenced real property that would be listed on the
licensee's floorplan and may be used for large events such as weddings,
reunions, conferences, meetings, and sporting or recreational events;
2.28.6. Lists the entire property from
subsection 2.28.5., and all adjoining buildings and structures on the private
manufacturer club's floorplan that would comprise the licensed premises, which
would be authorized for the lawful sale, service, and consumption of alcoholic
liquors, nonintoxicating beer or nonintoxicating craft beer, and wine
throughout the licensed premises, whether these activities were conducted in a
building or structure or outdoors while on the private manufacturer club's
licensed premises, and as noted on the private manufacturer club's
floorplan;
2.28.7. Identifies a
person, persons, an entity, or entities who or which has right, title, and
ownership or lease interest in the real property, buildings, and structures
located on the proposed licensed premises;
2.28.8. Uses an age verification system
approved by the Commissioner; and
2.28.9. Meets and is subject to all other
private club requirements.
2.29. "Private multi-sport complex" means an
applicant for a private club or licensed private club licensee that is open for
multiple sports events to be played at the complex facilities, reserved
weddings, concerts, reunions, conferences, meetings, or other special events,
and which:
2.29.1. Has at least 100
members;
2.29.2. Maintains an open
air multi-sport complex primarily for use for sporting events, such as
baseball, soccer, basketball, tennis, frisbee, quidditch, curling, or other
sports, but may also conduct weddings, concerts, reunions, conferences,
meetings, or other events where parties must reserve the parts of the sports
complex in advance of the sporting or other event;
2.29.3. Operates a restaurant and full
kitchen with ovens in the licensee's main facility, as determined by the
Commissioner, on the licensed premises and capable of serving freshly prepared
food, or meals to serve its stated members, guests, and patrons who will be
attending the event at the private multi-sport complex. A licensee may contract
with temporary food vendors or food trucks for food sales only, but not on a
permanent basis, in areas of the multi-sport complex not readily accessible by
the main facility, such food vendor or food truck contracts must be approved by
the Commissioner;
2.29.4.
Maintains, at any one time, $1,000 of fresh food inventory capable of being
prepared in the private multi-sport complex's full kitchen. In calculating the
food inventory, the Commissioner may not include television dinners, bags of
chips, or similar products, microwavable meals, frozen meals, prepackaged
foods, or canned prepared foods;
2.29.5. Owns or leases, controls, operates,
and uses acreage amounting to at least 50 contiguous acres of bounded or fenced
real property, as determined by the Commissioner, which would be listed on the
private multi-sport complex's floorplan and could be used for contracted for
sporting events, group-type weddings, concerts, reunions, conferences,
meetings, or other events;
2.29.6.
Lists the entire property from subsection 2.29.5., and all adjoining buildings
and structures on the private multi-sport complex's floorplan which would
comprise the licensed premises, which would be authorized for the lawful sales,
service, and consumption of alcoholic liquors throughout the licensed premises
whether these activities were conducted in a building or structure or outdoors
while on the private multi-sport complex's licensed premises and as noted on
the private multi-sport complex's floorplan. The licensee may sell alcoholic
liquors from a golf cart or food truck owned or leased by the licensee and also
operated by the licensee when the golf cart or food truck is located on the
private multi-sport complex's licensed premises;
2.29.7. Has an identified person, persons, or
entity that has right, title, and ownership interest in the real property
buildings and structures located on the proposed licensed premises;
2.29.8. Meets and is subject to all other
private club requirements; and
2.29.9. Uses an age verification system
approved by the Commissioner.
2.30. "Multi-vendor private fair and
festival" means a special license designated Class S3 private multivendor fair
and festival license for the retail sale of liquor, wine, and nonintoxicating
beer or nonintoxicating craft beer for on-premises consumption at an event
where multiple vendors shall share liability and responsibility, and apply for
this license. Each vendor may temporarily purchase, sell, furnish, or serve
liquor, wine, and nonintoxicating beer or nonintoxicating craft beer as
provided in this section.
2.30.1. To be
eligible for the private multivendor fair and festival or other event shall:
2.30.1.a. Have at least two separate and
unrelated vendors applying for the license and certifying that at least 100
members will be in attendance;
2.30.1.b. Provide freshly prepared and
provide food or meals, or engage a food vendor to prepare and provide adequate
freshly prepared food or meals to serve its stated members and guests who will
be attending the temporary festival, fair, or other event, and provide any
written documentation or agreements of the food caterer to the Commissioner
prior to approval of the license;
2.30.1.c. Only use its employees, independent
contractors, or volunteers to purchase, sell, furnish, or serve liquor, wine,
and nonintoxicating beer or nonintoxicating craft beer;
2.30.1.d. Provide adequate restroom
facilities, whether permanent or portable, to serve the stated members and
guests who will be attending the private multi-vendor festival, fair, or other
event;
2.30.1.e. Require all
vendors to be jointly and severally liable for any improper acts or conduct
committed during the multi-vendor festival or fair event;
2.30.1.f. Provide a security plan indicating
all vendor points of service, entrances, and exits in order to verify members',
patrons', and guests' ages, and whether a member, patron, or guest is
intoxicated, to provide for the public health and safety of members, patrons,
and guests;
2.30.1.g. Provide a
floorplan for the proposed premises with one defined and bounded indoor and/or
outdoor area to safely account for the ingress and egress of stated members,
patrons, and guests who will be attending the festival, fair, or other event,
and the floorplan that would comprise the licensed premises, which would be
authorized for the lawful sales, service, and consumption of liquor, wine, and
nonintoxicating beer or nonintoxicating craft beer throughout the licensed
premises whether these activities were conducted in a building or structure, or
outdoors while on the licensed premises and as noted on the
floorplan;
2.30.1.h. Meet and be
subject to all other private club requirements; and
2.30.1.i. Use an age verification system
approved by the Commissioner.
2.31. "Private nine-hole golf course" means
an applicant for a private club or licensed private club licensee meeting the
criteria set forth in this subsection which:
2.31.1. Has at least 50 members;
2.31.2. Maintains at least one nine-hole golf
course with separate and distinct golf playing holes;
2.31.3. Operates a restaurant and full
kitchen with ovens, as determined by the Commissioner, on the licensed premises
and serves freshly prepared food at least 15 hours per week;
2.31.4. Owns or leases, controls, operates,
and uses acreage amounting to at least 30 contiguous acres of bounded or fenced
real property which would be listed on the private nine-hole golf course's
floorplan and could be used for golfing events and large contracted for
group-type events such as weddings, reunions, conferences, meetings, and
sporting or recreational events;
2.31.5. Lists the entire property from
subsection 2.31.4. and all adjoining buildings and structures on the private
nine-hole golf course's floorplan which would comprise the licensed premises,
which would be authorized for the lawful sales, service, and consumption of
alcoholic liquors throughout the licensed premises whether these activities
were conducted in a building or structure or outdoors while on the private
nine-hole golf course's licensed premises and as noted on the private nine-hole
golf course's floorplan;
2.31.6.
Has an identified person, persons, or entity that has right, title, and
ownership interest in the real property buildings and structures located on the
proposed licensed premises; and
2.31.7. Utilizes an age verification system
approved by the Commissioner.
2.32. "Private professional sports stadium"
means an applicant for a private club or licensed private club licensee that is
only open for professional sporting events when such events are affiliated with
or sponsored by a professional sporting association, reserved weddings,
reunions, conferences, meetings, or other special events and does not maintain
daily or regular operating hours as a bar or restaurant. The licensee may not
sell alcoholic liquors when conducting or hosting non-professional sporting
events, and further the applicant shall:
2.32.1 Have at least 1000 members;
2.32.2. Maintain an open air or closed air
stadium venue primarily used for sporting events, such as football, baseball,
soccer, auto racing, or other professional sports, and also weddings, reunions,
conferences, meetings, or other events where parties must reserve the stadium
venue in advance of the event;
2.32.3. Operate a restaurant and full kitchen
with ovens, as determined by the Commissioner, on the licensed premises and
capable of serving freshly prepared food, or meals to serve its stated members,
guests, and patrons who will be attending the event at the private professional
sports stadium;
2.32.4. Own or
lease, control, operate, and use acreage amounting to at least 3 contiguous
acres of bounded or fenced real property, as determined by the Commissioner,
which would be listed on the professional sports stadium's floorplan and could
be used for contracted for professional sporting events, group-type weddings,
reunions, conferences, meetings, or other events;
2.32.5. List the entire property from
subsection 2.32.4., and all adjoining buildings and structures on the private
professional sports stadium's floorplan which would comprise the licensed
premises, which would be authorized for the lawful sales, service, and
consumption of alcoholic liquors throughout the licensed premises whether these
activities were conducted in a building or structure or outdoors while on the
private professional sports stadium's licensed premises and as noted on the
private professional sports stadium's floorplan;
2.32.6. Have an identified person, persons,
or entity that has right, title, and ownership interest in the real property
buildings and structures located on the proposed licensed premises;
2.32.7. Meet and be subject to all other
private club requirements; and
2.32.8. Use an age verification system
approved by the Commissioner.
2.33. "Private tennis club" means an
applicant for a private club or licensed private club licensee meeting the
criteria set forth in this subsection which:
2.33.1. Has at least 100 members;
2.33.2. Maintains at least four separate and
distinct tennis courts, either indoor or outdoor, and a clubhouse or similar
facility;
2.33.3. Has a restaurant
and full kitchen with ovens, as determined by the Commissioner, on the licensed
premises and is capable of serving freshly prepared food;
2.33.4. Owns or leases, controls, operates,
and uses acreage amounting to at least two contiguous acres of bounded or
fenced real property which would be listed on the private tennis club's
floorplan and could be used for tennis events and large events such as
weddings, reunions, conferences, tournaments, meetings, and sporting or
recreational events;
2.33.5. Lists
the entire property from subsection 2.33.4., and all adjoining buildings and
structures on the private tennis club's floorplan that would comprise the
licensed premises, which would be authorized for the lawful sales, service, and
consumption of alcoholic liquors throughout the licensed premises whether these
activities were conducted in a building or structure or outdoors while on the
private tennis club's licensed premises and as noted on the private tennis
club's floorplan;
2.33.6. Has
identified a person, persons, an entity, or entities who or which has right,
title, and ownership interest in the real property buildings and structures
located on the proposed licensed premises;
2.33.7. Meets and is subject to all other
private club requirements; and
2.33.8. Uses an age verification system
approved by the Commissioner.
2.34. "Private wedding venue or barn" means
an applicant for a private club or licensed private club licensee that is only
open for reserved weddings, reunions, conferences, meetings, or other events
and does not maintain daily or regular operating hours, and which:
2.34.1. Has at least 25 members;
2.34.2. Maintains a venue, facility, barn, or
pavilion primarily used for weddings, reunions, conferences, meetings, or other
events where parties must reserve or contract for the venue, facility, barn, or
pavilion in advance of the event;
2.34.3. Operates a restaurant and full
kitchen with ovens, as determined by the Commissioner, on the licensed premises
and is capable of serving freshly prepared food, or may engage a food caterer
to provide adequate freshly prepared food or meals to serve its stated members,
guests, and patrons who will be attending the event at the private wedding
venue or barn. The applicant or licensee shall provide written documentation
including a list of food caterers or written agreements regarding any food
catering operations to the Commissioner prior to approval of a food catering
event;
2.34.4. Owns or leases,
controls, operates, and uses acreage amounting to at least two contiguous acres
of bounded or fenced real property. The applicant or licensee shall verify
that, the property is less than two acres and is remotely located, subject to
the Commissioner's approval. The bounded or fenced real property may be listed
on the private wedding venue's floorplan and may be used for large events such
as weddings, reunions, conferences, meetings, or other events;
2.34.5. Lists the entire property from
subsection 2.34.4., and all adjoining buildings and structures on the private
wedding venue or barn's floorplan that would comprise the licensed premises,
which would be authorized for the lawful sales, service, and consumption of
alcoholic liquors throughout the licensed premises whether these activities
were conducted in a building or structure or outdoors while on the private
wedding venue or barn's licensed premises and as noted on the private wedding
venue or barn's floorplan;
2.34.6.
Has an identified person, persons, or entity that has right, title, and
ownership interest in the real property buildings and structures located on the
proposed licensed premises;
2.34.7.
Meets and is subject to all other private club requirements; and
2.34.8. Uses an age verification system
approved by the Commissioner.
2.35. "Record" means any manner of recording
from which a transcript can be made.
2.36. "Retail liquor store" means the
establishment where the private club is authorized to purchase alcoholic
liquors. Such retail liquor store must be licensed to sell alcoholic liquors in
the original package for consumption off the premises, to the public in West
Virginia by the Commissioner as authorized by either W. Va. Code §
60-3-1
et seq. or
W. Va. Code §
60-3A-1
et
seq.
2.37. "Sale" means
any transfer or exchange of goods or services, in exchange for money, currency,
checks, credit cards, or barter in any manner or by any means, for a
consideration, and shall include all sales made by principal, proprietor,
agent, or employee.
2.38. "Selling"
includes solicitation or receipt of orders, possession for sale, and possession
with intent to sell.
2.39. "Wine"
means any beverage obtained by the fermentation of the natural content of
fruits, or other agricultural products, containing sugar and includes, but is
not limited to, still wines, champagne, and other sparkling wines, carbonated
wines, imitation wines, vermouth, hard cider, perry, sake, or other similar
beverages offered for sale or sold as wines containing not less than 0.5
percent nor more than 24% alcohol by volume (See 175 CSR 4 - Sale of
Wine).
