West Virginia Code of State Rules
Agency 175 - Alcohol Beverage Control Commission
Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER
Series 175-02 - Private Club Licensing
Section 175-2-3 - Licensure

Universal Citation: 175 WV Code of State Rules 175-2-3

Current through Register Vol. XLI, No. 38, September 20, 2024

3.1. License application. - The application for license to operate any type of private club shall include the following:

3.1.1. The name signatures, citizenship, address, and residence of the applicant and manager.

3.1.2. The place at which such applicant will conduct its operations, whether it is owned or leased by applicant; and if leased, from whom, giving names and addresses of all lessors.

3.1.3. If the applicant is an unincorporated association, the names and addresses of members of its governing board.

3.1.4. If the applicant is a corporation, the names and addresses of its officers and directors. If such person be a limited liability company, the names and addresses of the members and/or managers.

3.1.5. The size and nature of the dining and kitchen facilities operated by applicant and the specific proportions of any structure used in conjunction with other purposes that will constitute the type of private club.

3.1.6. Arrest record, if any, of the applicant and manager, and if the applicant is a corporation, limited liability company, partnership or association the arrest record, if any, of the officers, directors, partners, members, managers, or stewards including disposition of same.
3.1.6.a. The Commissioner shall conduct background investigations for the purpose of determining whether the applicant or the applicant's manager has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant or the applicant's manager's fitness to hold a private club license. For purposes of this paragraph, "background investigation" means a criminal investigation of an applicant and manager who has applied for the issuance or renewal of a private club license pursuant to W. Va. Code § 60-7-1 et seq. The applicant will submit West Virginia Alcohol Beverage Control Administration Release of Information and Waiver of Confidentiality of Records Form on the form provided by the Commissioner. The applicant will also submit a full set of fingerprints to facilitate a criminal background check and the ABCA will request the state police to submit the fingerprints and identifying information to the Federal Bureau of Investigation for a national criminal history record check. The results of the fingerprint check will be returned to the ABCA.

3.1.6.b. The applicant will reimburse the ABCA for all fees or charges that are incurred by the ABCA for the background investigation.

3.1.7. Manager requirement. - No licenses shall be given to any applicant or renewed for any licensee who has not listed a manager on the applicant's license application, or a licensee's renewal application, and further that the manager shall meet all other requirements of licensure, including, but not limited to, United States citizenship or naturalization, passing a background investigation, being at least 21 years of age, not have been convicted of a felony in the previous five years before the date of application, not have been convicted of a crime involving fraud, dishonesty, or deceit in the previous five years before application, and not have been convicted of a felony crime for violating alcohol-related distribution laws in the previous five years, being capable of operating a bona fide private club of good reputation in the community, and other requirements, all as set forth in the code and the legislative rules, in order for the manager to be able to meet and conduct any regulatory matters, including, but not limited to: licensure or enforcement matters related to the applicant or licensee all in the interest of protecting public health and safety and being a suitable applicant or licensee. In order to maintain active licensure, any change by a licensee in any manager listed on a license or renewal application shall be made immediately to the Commissioner, to verify that the new manager meets licensure requirements.

3.1.8. A statement of purpose or purposes for which the club is organized (social, recreation, benevolent, charitable, fraternal or profit).

3.1.9. How long the club has been in existence prior to the date of the application.

3.1.10. What national organization it is affiliated with, if any, and the date of affiliation and nature thereof.

3.1.11. Number of employees.

3.1.12. Number of members of the applicant.

3.1.13. West Virginia consumers sales tax identification number.

3.1.14. West Virginia business franchise tax number.

3.1.15. West Virginia Health Department permit number to operate a restaurant.

3.1.16. Type of license applied for.

3.1.17. Application shall only be made on the form provided by the Commissioner or available on the ABCA website at www.abca.wv.gov. This form must be completed in its entirety and failure to complete all questions shall constitute grounds for refusal to grant a license.

3.1.18. Whether the applicant is the holder of a federal gambling stamp.

3.1.19. Whether the applicant is the holder of a retail liquor dealer special tax stamp.

3.2. Refusal of license.

3.2.1. No license shall be issued by the Commissioner to any private club:
3.2.1.a. That is located on any college campus, state university campus, or branch thereof, unless such private club type is located upon the premises of a National Collegiate Athletic Association, or its successor, approved Division I, II, or III sports stadium used for revenue generating sports by a college or university on its campus and no classes are held at the sports stadium.

3.2.1.b. That is the holder of a federal gambling stamp or whose manager or employee is a holder of a federal gambling stamp.

3.2.1.c. That discriminates against any person or group of persons in violation of applicable state or federal law: Provided, that a license cannot be refused based on unlawful discrimination.

3.2.1.d. That submits an application for license that contains any false statement, and any statement found to be false after granting of said license shall be grounds for revocation or suspension of said license.

3.2.1.e. That is not a bona fide private club of good reputation in the community in which it operates. For purposes of making such a determination, the Commissioner shall take into consideration whether the ownership and management of the private club will involve persons that have not been convicted of a felony in the previous five years before the date of application, not have been convicted of a crime involving fraud, dishonesty, or deceit in the previous five years before application, and not have been convicted of a felony crime for violating alcohol-related distribution laws in the previous five years and whether the premises to be used by the private club is a suitable place.

3.2.1.f. That fails to have the applicant and manager attest that the information in the application is true and accurate.

3.2.2. The Commissioner may refuse to grant any license if he or she has reasonable cause to believe, as indicated by documented evidence, that the applicant, or any officer, director or manager thereof, or shareholder owning 20% or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs of the applicant or of the proposed licensed premises, in whole or part:
3.2.2.a. Has not been convicted of a felony in the previous five years before the date of application, has not been convicted of a crime involving fraud, dishonesty, or deceit in the previous five years before application, and has not been convicted of a felony crime for violating alcohol-related distribution laws in the previous five years;

3.2.2.b. Has maintained a noisy, loud, disorderly, or unsanitary establishment;

3.2.2.c. Has demonstrated, either by his or her police record or by his record as a former licensee under W. Va. Code § 11-16-1 et seq. or Chapter 60 of the West Virginia Code a lack of respect for law and order, generally, or for the laws and rules governing the sale and distribution of alcoholic beverages or nonintoxicating beer;

3.2.2.d. Has misrepresented a material fact in applying to the Commissioner for a license; or

3.2.2.e. Has not listed accurate and complete ownership information.

3.2.3. For purposes of this rule, the Commissioner shall refuse to grant any license if he or she has reasonable cause to believe, as indicated by documented evidence that the applicant, or any officer, director or manager thereof, or shareholder owning 20% or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs to the applicant or of the proposed licensed premises, in whole or part:
3.2.3.a. Is not 21 years of age or older;

3.2.3.b. Has been convicted of a felony or other crime involving fraud, dishonesty, or deceit, and upon such conviction the applicant will not be eligible for licensure within five years next preceding successful completion of all conditions of probation, discharge from parole supervision, or expiration of sentence;

3.2.3.c. Has been convicted of violating any alcoholic liquor laws, rules, or regulations, or any beer laws, rules, or regulations of any state or the United States, and upon such conviction the applicant shall not be eligible for licensure within five years next preceding successful completion of all conditions of probation, discharge from parole supervision, or expiration of sentence;

3.2.3.d. Has had any license revoked under the alcoholic liquor laws, rules, or regulations, or the beer laws, rules or regulations of any state or the United States within five years next preceding the filing date of the application;

3.2.3.e. Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business, which have not been disclosed;

3.2.3.f. Is a person to whom alcoholic beverages may not be sold under the provisions of Chapter 60 of the West Virginia Code;

3.2.3.g. Has been adjudicated an incompetent;

3.2.3.h. Is an officer or employee of the Alcohol Beverage Control Commissioner of West Virginia; or

3.2.3.i. Is violating or allowing the violation of any provision of Chapter 60 or Chapter 61 of the West Virginia Code or W. Va. Code § 11-16-1 et seq. in its establishment at the time its application for a license is pending or at any time during either the current licensed period or the immediately preceding licensing period.

3.2.4. No license shall be issued by the Commissioner to any type of private club if the place to be occupied by the applicant:
3.2.4.a. Does not conform to the requirements of applicable laws of the State with respect to sanitation, health, construction, or equipment, or to any similar requirements established by the rules of the Commissioner.

3.2.4.b. Is so located that violations of W. Va. Code § 60-1-1 et seq., or of the rules of the Commissioner, or the laws of this State relating to peace and good order would result from the issuance of such license and operation by the applicant.

3.2.4.c. Is so situated with respect to any church, hospital, school, college, or university, public or private playground or other similar recreational facilities, or any state, local, or federal government-operated facility, that operation under the license will adversely affect or interfere with normal, orderly conduct of the affairs of such facilities or institutions.

3.2.4.d. Is so situated with respect to any residence or residential area that its operation will adversely affect real property values or substantially interfere with the usual quietude and tranquility of the residential area.

3.2.5. The Commissioner may refuse to issue a license if he or she has reasonable ground to believe that the number of licenses existent in the locality is such that the issuance of an additional license would be detrimental to the interests, morals, safety, or welfare of the public, and, in reaching his or her conclusion in this respect, the Commissioner may consider the character, population, and number of similar licensees in the particular town, city, or county and the immediate neighborhood concerned, and the effect which a new license may have on such town, city, county, or neighborhood in conforming with the purposes of the Liquor Control Act.
3.2.5.a. Any person applying for a license to operate a private club at any location within a municipality must file a notice of such intention using the zoning form provided by the Commissioner or available on the ABCA website at www.abca.wv.gov, with the clerk or recorder of the municipality at least 10 calendar days prior to filing an application for a private club license with the ABCA as required by W. Va. Code § 60-7-4a.

3.2.5.b. Any person applying for a license to operate any type of private club that is not within a municipality, must submit a letter from the county commissioner stating that the location of the club is in compliance with zoning ordinances for that county.

3.2.6. In the process of determining whether or not a license should be issued, the Commissioner must investigate the accuracy of all allegations, that could lead to denial of the license. The Commissioner may request such other information as the Commissioner may reasonably require of the applicant and a manager which shall include, but not be limited to, all pecuniary or financial interest in the applicant and the criminal records, if any, of each member of the applicant's governing board.

3.2.7. Upon receipt of a completed application, together with the accompanying fee and bond, the Commissioner shall conduct an investigation to determine the accuracy of the matters contained in such completed application and whether applicant is a bona fide private club of good reputation in the community in which it shall operate. For the purpose of conducting such investigation, the Commissioner may withhold the granting or refusal to grant the license for a period not to exceed 30 calendar days or until the applicant has completed the conditions set forth in the code, all as determined by the Commissioner. The Commissioner may issue a license authorizing the applicant to sell alcoholic liquors if it appears that the applicant is a bona fide private club of good reputation in the community in which it shall operate and that the applicant and the manager listed in the application or renewal application have not made any false statement, material misrepresentation, or omissions; have no hidden ownership or undisclosed pecuniary interests; and have complied with all applicable requirements in the West Virginia Code and Code of State Rules, which are all subject to investigation by the Commissioner and as determined by the Commissioner.

3.3. Type of license. - The Commissioner, upon a decision to grant a license, will issue said license in one of two categories:

Type I. - This is for a private club license issued to a nationally recognized fraternal or veterans organization, and or any other nonprofit social club, all of the same being operated exclusively for the benefit of its members and pays no part of its income to shareholders or individual members, and maintains on its premises a suitable kitchen and dining facility with related equipment for serving food to members and their guests.

Type II. - This is for social organizations or corporations operated for legitimate purposes and for profit, that pays part of its income to shareholders or individual members, and maintains on its premises a suitable kitchen and dining facility with related equipment, and employs a sufficient number of persons for the serving of meals to members and their guests at all times during the hours of operation.

As to each of the categories above, a license will only be granted upon a certification that the general public is not and will not be admitted on the premises, and only duly elected or approved dues paying members in good standing, and their guests, while in the company of a member, are permitted to enter said premises. The membership list requirement may be met through social media members and guests, actual member and guest list, or other lists of members, either electronically or manually, maintained by the licensee. Any type of private club that does not maintain a membership list may not be afforded the rights and protections of the private club privilege.

3.3.1. A private fair and festival, one-day charitable rare, antique, or vintage liquor auction, and a private multi-vendor festival are temporary Type II licenses, and a private club bar, private club restaurant, private manufacturers club, private hotel, private resort hotel, private golf club, private nine-hole golf course, private caterer, private farmers market, private multi-sport complex, private professional sports stadium, private tennis club, and private wedding venue or barn are Type II licenses.

3.4. Fees, additional license types and license services.

3.4.1. The annual fee for licenses issued under the provisions of W. Va. Code § 60-7-1 et seq. shall be as follows:
3.4.1.a. For a fraternal or veterans organization or a nonprofit social club, $750.00.

3.4.1.b. For a private club bar or private club restaurant other than a private club of the type specified in subdivision 3.4.1.a. of this subsection, $1,000.00 if determined by the Commissioner that such private club has less than 1,000 members and $2,500.00 if such private club bar or private club restaurant has 1,000 or more members. A private club bar or private club restaurant licensee with 1,000 or more members may, in the Commissioner's discretion, operate Class B license for the off-premises sale of nonintoxicating beer and wine in a connected but separately operated area of the private club premises: Provided, that each business is licensed separately and operates separate cash registers and maintains separation barriers between the different licensed operations. Failure of a licensee to license two inner-connected businesses shall subject the licensee to the penalties under W.Va. Code § 60-7-1 et seq. and this rule. The fee for any license issued following the first day of January of any year, to expire on the 30th day of June of each year, will be 1/2 of that previously prescribed. Such fee shall be payable to the West Virginia Alcohol Beverage Control Commissioner by certified check, cashier's check, or money order and must accompany the application.
3.4.1.b.1. For a private hotel or a private golf club (18 holes) of the type specified in W. Va. Code § 60-7-6(b), $4,000.00.

3.4.1.b.2. For a private resort hotel of the type specified in W. Va. Code § 60-7-6(b): with 5 or fewer designated areas, $7,500.00; with at least 6 but no more than 10 designated areas, $12,500.00; with at least 11 but no more than 15 designated areas, $17,500.00; and with no fewer than 15 nor more than 20 designated areas, $22,500.00.

3.4.1.b.3. For a private nine-hole golf course, private farmers market, private professional sports stadium, private multi-sport complex, private manufacturer club, or a private tennis club of the type specified in W. Va. Code § 60-7-6(b), $2,000.00.

3.4.1.b.4. For a private wedding venue or barn of the type specified in W. Va. Code § 60-7-6(b), $1,500.00.

3.4.1.b.5. For a private caterer, that is already licensed as private club restaurant, of the type specified in W. Va. Code § 60-7-6(b), $1,000.00.

3.4.2. A private resort hotel having obtained a license and paid the $22,500.00 annual license fee may, upon application to and approval of the Commissioner, designate additional areas for a period not to exceed seven calendar days for an additional fee of $150.00 per day, per designated area.

3.4.3. A private fair and festival shall be designated a Class S2 private fair and festival license for the retail sale of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer for on-premises consumption at a temporary event and shall pay a nonrefundable nonprorated license fee of $750.00.

3.4.4. A private multi-vendor fair and festival shall be designated a Class S3 private multi-vendor fair and festival license for the retail sale of liquor, wine, and nonintoxicating beer or nonintoxicating craft beer for on-premises consumption at a temporary event and shall pay a nonrefundable nonprorated license fee of $500.00.

3.4.5. A one-day charitable rare, antique, or vintage liquor auction shall be a one-day special license issued to any licensed private club type in partnership with a duly organized and federally approved nonprofit organization or entity to conduct a charitable auction of rare, antique, or vintage liquor, as determined by the Commissioner, on the licensed private club's licensed premises for consumption off-premises and shall pay a nonrefundable nonprorated $150.00 license fee per one-time event.

3.4.6. Growler requirements.
3.4.6.a. Nonintoxicating beer or nonintoxicating craft beer growler requirements. - Any type of licensed private club who pays the $100.00 fee set forth in W. Va. Code § 11-16-6b and meets the requirements of this section may offer nonintoxicating beer or nonintoxicating craft beer for retail sale to patrons from their licensed premises in a growler for personal consumption only off of the licensed premises and not for resale.
3.4.6.a.1. Prior to a growler sale, the licensee shall verify, using proper identification, that any patron purchasing nonintoxicating beer or nonintoxicating craft beer is 21 years of age or over and that the patron is not visibly intoxicated.

3.4.6.a.2. A licensee may not sell, give, or furnish alcoholic liquors, including wine, for consumption off of its licensed premises, unless it is any type of private club licensed to sell sealed wine for consumption off of the licensed premises and meets the requirements set forth in the W. Va. Code § 60-8-1 et seq., and in subsection 3.4.7. or 3.4.6.b., for the sale of sealed wine growlers, not liquor, and further unless a private club restaurant or private manufacturer club is licensed for sale of liquor in craft cocktail growlers as set forth in subsection 3.4.6.c. and W. Va. Code § 60-7-1 et seq.

3.4.6.a.3. A licensee shall comply with all the retail sales, payment of taxes and fees, advertising, nonintoxicating beer or nonintoxicating craft beer growler requirements, nonintoxicating beer or nonintoxicating craft beer growler labeling, nonintoxicating beer or nonintoxicating craft beer growler sanitation, nonintoxicating beer or nonintoxicating craft beer growler sampling and limitations provisions of W. Va. Code § 11-16-6b and shall be subject to all applicable requirements and penalties in W. Va. Code § 11-16-1 et seq.

3.4.6.b. Wine Growler requirements. Any type of licensed private club who pays the $100.00 fee set forth in W. Va. Code § 60-8-6d and meets the requirements of this section may offer wine for retail sale to patrons from their licensed premises in a growler for personal consumption only off of the licensed premises, and not for resale.
3.4.6.b.1. Prior to a growler sale, the licensee shall verify, using proper identification, that any patron purchasing wine is 21 years of age or over and that the patron is not visibly intoxicated.

3.4.6.b.2. A licensee may not sell, give, or furnish alcoholic liquors, including wine, for consumption off of its licensed premises, unless it is any type of private club licensed to sell sealed wine for consumption off of the licensed premises and meets the requirements set forth in the W. Va. Code § 60-8-1 et seq., and in subsection 3.4.7. or 3.4.6.b., for the sale of sealed wine growlers, not liquor, and further unless a private club restaurant or private manufacturer club is licensed for sale of liquor in craft cocktail growlers as set forth in subsection 3.4.6.c. and W. Va. Code § 60-7-1 et seq.

3.4.6.b.3. A licensee shall comply with all the retail sales, payment of taxes and fees, advertising, wine growler requirements, wine growler labeling, wine growler sanitation, wine growler sampling and limitations provisions of W. Va. Code § 60-8-6c and §60-8-6d and shall be subject to all applicable requirements and penalties in W. Va. Code § 60-8-1 et seq.

3.4.6.c. Craft Cocktail Growler requirements.
3.4.6.c.1. Craft cocktail growler defined. - "Craft Cocktail Growler" means a container or jug that is made of glass (may include a howler), ceramic, metal, plastic (any plastic must be certified as BPA free and any plastic that generates BPAs in the cleaning and sanitization process, which are hazardous to public health, will not be approved), 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 and may be sold in accordance with the Code.

3.4.6.c.2 Sales of craft cocktail growlers. - A licensed private club restaurant or private manufacturer club that is authorized under a current and valid license and meets the requirements of this section may offer a craft cocktail growler in the ratio of up to one fluid ounce of liquor to four fluid ounces of nonalcoholic beverages or mixers, not to exceed 128 fluid ounces for the entire beverage in the craft cocktail growler, for retail sale to patrons from their licensed premises in a sealed craft cocktail growler for personal consumption only off of the licensed premises.
3.4.6.c.2.A. There shall be a $100 non-prorated, non-refundable annual fee to sell craft cocktail growlers and sales must be completed in accordance with the Code.

3.4.6.c.2.B. Every licensee licensed under this section shall pay all taxes and fees required by the Code and shall comply with the required markup specified in W. Va. Code § 60-3A-17(e)(2) when conducting sealed craft cocktail growler sales.

3.4.6.c.2.C. Every licensee licensed under this section may only advertise a particular brand or brands of liquor manufactured by a distillery, mini-distillery, or micro-distillery upon written approval from the distillery, mini-distillery, micro-distillery, or an authorized and licensed broker to the licensee. Advertisements may not encourage intemperance or target minors.

3.4.6.c.3. Craft cocktail growler requirements.
3.4.6.c.3.A. A licensee licensed under this section may refill a craft cocktail growler from a secure area only accessible by the authorized licensee and its staff and not accessible by patrons, subject to the requirements of this section. The Commissioner has discretion to determine a secure area on a case-by-case basis for each authorized licensee.

3.4.6.c.3.B. A licensee licensed under this section must sanitize, inspect, fill, securely seal, and label any craft cocktail growler prior to its sale (See 3.4.6.c.5.) in accordance with the Code.

3.4.6.c.4. Craft cocktail growler labeling. - A licensee licensed under this section selling craft cocktail growlers shall affix a conspicuous label on all sold and securely sealed craft cocktail growlers listing the name of the licensee selling the craft cocktail growler, the brand of the liquor in the craft cocktail growler, the type of craft cocktail or name of the craft cocktail, the alcohol content by volume of the liquor in the craft cocktail growler, and the date the craft cocktail growler was filled or refilled, and, all labeling on the craft cocktail growler shall be consistent with all federal labeling and warning requirements.

3.4.6.c.5. Craft cocktail growler sanitation. - A licensee licensed under this section shall clean and sanitize all craft cocktail growlers he or she fills or refills in accordance with all state and county health requirements prior to its sealing. In addition, the licensee licensed under this section shall sanitize, in accordance with all state and county health requirements, all taps, tap lines, pipe lines, barrel tubes, and any other related equipment used to fill or refill craft cocktail growlers. Failure to comply with this subsection may result in penalties under this article: Provided, That, if the reuse or refilling of a craft cocktail growler would violate federal law such craft cocktail growler must only be used one-time, for one filling, and be discarded after the one-time use. Any approved craft cocktail growler made from plastic must be certified BPA-free, sanitized at the place of manufacture and prior to filling must remain in the original sanitized package in order to meet sanitization requirements, thus such a one-time use approved craft cocktail growler made from plastic is permissible when meeting the requirements of the Code and rule. A plastic cup with a lid does not qualify as craft cocktail growler.

3.4.6.c.6. Pre-mixing of a craft cocktail. - A licensee licensed under this section may pre-mix the nonalcoholic beverages or mixers in the advance of a craft cocktail growler purchase and sealing, and add the liquor, as set forth in this section, upon a member or guest's purchase of a craft cocktail growler. A licensee licensed under this section must dispose of any expired premixed nonalcoholic beverages or mixers pursuant to Bureau for Public Health requirements when such premixed nonalcoholic beverages or mixers are no longer fit for human consumption. A licensee authorized under W. Va. Code § 60-6-8(7) may use a premixed beverage meeting the requirements therein and is also subject to the requirements of this section for a craft cocktail growler.

3.4.6.c.7. Limitations on licensees.
3.4.6.c.7.A. Sales of craft cocktail growlers to member and guests only. A licensee licensed under this section shall not sell craft cocktail growlers to other licensees, but only to its members and guests.

3.4.6.c.7.B. Sales of craft cocktail growlers made: to a person ordering while physically at the licensed premises, to a person ordering by telephone, mobile application, or web-based ordering for in-person or in-vehicle pickup, or any craft cocktail growler sales.
3.4.6.c.7.B.i. A licensee licensed under this section must provide food or a meal along with one sealed craft cocktail growler to a patron, subject to verification that the purchasing person is 21 years of age or older, and not visibly or noticeably intoxicated, and as otherwise specified.

3.4.6.c.7.B.ii. A licensee licensed under this section may only sell one sealed craft cocktail growler to a patron who has not been consuming alcoholic liquors or nonintoxicating beer on its licensed premises or one craft cocktail growler per food or meal in the order delivered per W. Va. Code § 60-7-8f.

3.4.6.c.7.C. A licensee licensed to sell craft cocktail growlers shall be subject to the applicable Bureau for Public Health legislative rules and requirements concerning sanitation.

3.4.6.d. Pre-mixing Permits. - It is generally unlawful for any licensee to sell, furnish, tender, or serve pre-mixed alcoholic liquor that is not in the original container, except:
3.4.6.d.1. Any type of private club licensee may sell, furnish, tender, and serve up to 15 recipes of pre-mixed beverages consisting of alcoholic liquors and nonalcoholic mixer (Examples of pre-mixed cocktails: margarita, sangria, old fashioned, and cosmopolitan), when approved by the Commissioner and in accordance with public health and safety standards;
3.4.6.d.1.A. Any type of private club licensee shall use approved dispensing and storage equipment which shall be cleaned after each use or after each batch of the pre-mixed beverage is made and at the end each business day; and

3.4.6.d.1.B. A licensee that obtains a permit shall maintain a written record reflecting the cleaning and sanitizing of the storage and dispensing equipment for inspection by the Commissioner and health inspectors, and shall abide by the requirements regarding disposal of premixed beverages or nonalcoholic beverages pursuant to the Bureau of Public Health;

3.4.6.d.2. Any type of private club licensee desiring to pre-mix alcoholic beverages shall complete the Pre-Mixing Permit application found on the ABCA website and list up to 15 drink recipes for pre-mixing approval by the Commissioner, and shall also submit the type of dispensing and storage equipment for each pre-mix recipe for approval by the Commissioner;

3.4.6.d.3. The licensee applying for a pre-mixing permit must specify if alcohol is being added to the pre-mixed recipe before storage, after storage, or at the time of purchase.

3.4.6.d.4. A violation or violations of this subdivision may result in the suspension or revocation of the permit and may result in additional sanctions under W. Va. Code § 60-1-1 et seq.

3.4.6.e. Private delivery license for a licensed private club restaurant, private manufacturer club, or a third party; craft cocktail growler delivery requirements; limitations; third party license fee; private cocktail delivery permit; and requirements.
3.4.6.e.1. A licensed private club restaurant or private manufacturer club licensed to sell liquor for on-premises consumption may apply for a private delivery license permitting the order, sale, and delivery of liquor and a nonalcoholic mixer or beverage in a sealed craft cocktail growler, when separately licensed for craft cocktail growler sales as set forth in the Code and rules.
3.4.6.e.1.A. The order, sale, and delivery of a sealed craft cocktail growler is permitted for off-premises consumption when completed by the licensee to a person purchasing the craft cocktail growler through a telephone, a mobile ordering application, or web-based software program, authorized by the licensee's license.

3.4.6.e.1.B. There is no additional fee for a licensed private club restaurant or private manufacturer club to obtain a private delivery license.

3.4.6.e.2. A third party, not licensed for liquor sales or distribution, may apply for a private delivery license for the privilege of ordering and delivery of craft cocktail growlers, from a licensee with a craft cocktail growler license.
3.4.6.e.2.A. The order and delivery of a sealed craft cocktail growler is permitted by a third party who obtains a license under this section when a private club restaurant or private manufacturer club sells to a person purchasing the sealed craft cocktail growler through telephone orders, a mobile ordering application, or a web-based software program.

3.4.6.e.2.B. The private delivery license nonprorated, nonrefundable annual fee is $200 for each third party entity, with no limit on the number of drivers and vehicles.

3.4.6.e.3. Sale Requirements: A craft cocktail growler purchase must accompany the purchase of prepared food or a meal, must be sold to a person at least 21 years of age who is not visibly or noticeably intoxicated at the time of the sale, may not be in excess of 128 fluid ounces; and must otherwise comply with W. Va. Code § 60-7-1 et seq., and specifically W. Va. Code § 60-7-8f.

3.4.6.e.4. Craft Cocktail Growler Delivery Requirements: A craft cocktail growler may be delivered to a person if the delivery driver verifies that the person is at least 21 years of age, is not noticeably or visibly intoxicated at the time of delivery and is the purchasing person as defined in the Code. Any delivery driver that cannot complete a delivery in accordance with W. Va. Code § 60-7-8f may leave the food or meal that was ordered with the person at the delivery location, but must return any craft cocktail growler or growlers to the licensee since the delivery requirements were not met.

3.4.6.e.5. Telephone, mobile ordering application, or web-based software requirements. - The delivery person must permit only the person who placed the delivery order through telephone order, mobile ordering application, or web-based software to accept the prepared food or meal and a craft cocktail growler delivery. The delivery person must verify the person's age using the person's legal identification. The delivery must otherwise comply with W. Va. Code § 60-7-8f(f).

3.4.6.e.6. Private Cocktail Delivery Permit.
3.4.6.e.6.A. The licensed private club restaurant, private manufacturer club, or third party private delivery licensee shall:
3.4.6.e.6.A.i. Obtain and maintain a retail transportation permit for its delivery drivers for the delivery of prepared food and a sealed craft cocktail growler;

3.4.6.e.6.A.ii. Provide vehicle and driver information, requested by the Commissioner. Upon any change in vehicles or drivers, the licensee shall update the driver and vehicle information with the Commissioner within 10 days of the change; and

3.4.6.e.6.B. Per W. Va. Code § 60-6-12, a private cocktail delivery permit shall meet the requirements of a transportation permit which authorizes the permit holder to transport liquor.

3.4.7. Wine bottle requirements. - A license to sell wine granted to any private club entitles the operator to sell and serve wine, for consumption on the premises of the licensee when the sale accompanies the serving of food or a meal:
3.4.7.a. Any licensed private club for no additional license fee may permit a person over 21 years of age to purchase wine, consume wine, and recork or reseal, using a tamper resistant cork or seal, up to two separate bottles of unconsumed wine in conjunction with the serving of food or a meal to its members and their guests in accordance with the provisions of W. Va. Code § 60-8-1 et seq. for the purpose of consumption of said wine off-premises;

3.4.7.b. Any licensed private club who shall apply, pay a $100.00 license fee, and is approved by the Commissioner may offer for sale, for consumption off the premises, sealed bottles of wine to its customers in conjunction with the serving of food or a meal: Provided, that no more than one bottle is sold per each person over 21 years of age, as verified by the private club, for consumption off the premises. Such licensees are authorized to keep and maintain on their premises a supply of wine in quantities appropriate for the conduct of operations thereof. Any sale of wine is subject to all restrictions set forth in W. Va. Code § 60-8-20.

3.4.7.c. Corkage or uncorking of wine is permitted for a private club restaurant as set forth in the requirements in subsection 2.22.5

3.4.8. Liquor bottle service. - A private club licensed under W. Va. Code § 60-7-1 et seq., that is in good standing with the Commissioner may apply for the Commissioner's approval, and shall pay a $1,000.00 annual fee which is nonrefundable and non-prorated, to sell or serve liquor by the bottle to two or more persons for personal consumption, not for resale, on the licensed premises only in a designated area set forth on the license's approved floorplan.

3.4.9. Operational fee. - All Class A and private club type licensees shall pay, with their annual fee, an annual $100.00 operational fee per licensed premises.

3.4.10. Reactivation fee. - A licensee that fails to complete a renewal application and make payment of its annual license fee in renewing its license on or before June 30 of any subsequent year, after initial application, shall be charged an additional $150.00 reactivation fee. The fee payment may not be prorated or refunded. The reactivation fee must be paid prior to the processing of any renewal application and payment of the applicable full year annual license fee. A licensee who continues to operate upon the expiration of its license is subject to all fines, penalties, and sanctions available in W. Va. Code § 60-7-13 and W.Va. Code § 60-7-13a, all as determined by the Commissioner.

3.4.11. Private outdoor dining and private outdoor street dining.
3.4.11.a. Private outdoor dining. - With prior approval of the Commissioner a private club licensee may sell, serve, and furnish alcoholic liquor and, if also licensed to sell, serve, and furnish nonintoxicating beer or nonintoxicating craft beer to be consumed on premises in a legally demarcated area which may include a temporary private outdoor dining area. The emphasis of this authorization is to permit outdoor dining only. The Commissioner may, at his or her discretion, authorize entertainment or alcoholic beverage service in the private outdoor dining area. The Commissioner may determine not to authorize entertainment but must provide a written statement indicating why such entertainment is not authorized.

3.4.11.b. Private outdoor street dining. - With prior approval of the Commissioner a private club licensee may sell, serve, and furnish alcoholic liquor and, if also licensed to sell, serve, and furnish nonintoxicating beer or nonintoxicating craft beer to be consumed on premises in a legally demarcated area which may include a temporary private outdoor street dining area. The emphasis of this authorization is to permit outdoor street dining only. The Commissioner may, at his or her discretion, authorize entertainment or alcoholic beverage service in the private outdoor street dining area. The Commissioner may determine not to authorize entertainment but must provide a written statement indicating why such entertainment is not authorized
3.4.11.b.1. A temporary private outdoor street dining area shall be approved by the municipal government or county commission in which the licensee operates. The Commissioner shall develop and make available an application form to facilitate the purposes of this subsection.

3.4.11.c. A private club licensee shall submit to the Commissioner:
3.4.11.c.1. An application available on the Commissioner's website;

3.4.11.c.2. The municipal or county written approval, either a letter from the municipality or county or a form on the Commissioner's website, of the private outdoor dining area or private outdoor street dining area; and,

3.4.11.c.3. A revised floorplan requesting to sell alcoholic liquors, and when licensed for nonintoxicating beer or nonintoxicating craft beer, then nonintoxicating beer or nonintoxicating craft beer, subject to the Commissioner's requirements, in an approved and bounded outdoor area in accordance with W. Va. Code § 60-7-8d.

3.4.11.d. In the absence of legal demarcation by resolution or ordinance of a municipality or county, the Commissioner may, at his or her discretion, provide for temporary legal demarcation based on a written and executed authorization letter from a municipality or county, subject to passage of a resolution or ordinance for a private outdoor dining area or private outdoor street dining area.

3.5. Bond. - No license will be issued until the applicant has executed a bond in the penal sum of $5,000.00, payable to the State of West Virginia. The surety on the bond shall be executed by a corporate surety authorized to transact business in the State of West Virginia, which bond will be conditioned on the payment of all fees prescribed by law and on the faithful performance of, and compliance with the provisions of W. Va. Code § 60-7-1 et seq. and this rule duly promulgated thereunder, and the same shall be done on Alcohol Beverage Control Commissioner's Form No. ABCA 193. Also required is a bond in the penal sum of $1,000.00, payable to the State of West Virginia for the same surety as above for Nonintoxicating Beer Bond and will be submitted on Alcohol Beverage Control Commissioner's Form No. ABCA-194 Nonintoxicating Beer Bond.

3.6. License not transferable. - A license issued under the provision of this rule will be valid only for the organization named to conduct a private club on the premises thereon described and is not transferable. If there is a change in ownership, the new owners must make application as prescribed, then such violation shall constitute grounds for revocation of their license that they are then operating under.

3.7. License application form. - The application form for a license to sell alcoholic liquors by any private club type is available from the Commissioner or on the ABCA website at www.abca.wv.gov.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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