Current through Register Vol. XL, No. 12, March 24, 2023
4.1.
Sale to members and guests. - No licensee is authorized to sell alcoholic
liquor or nonintoxicating beer for consumption on the premises of said licensee
except to its members and their guests, while in the company of a member, and
said alcoholic liquors must have been purchased from the West Virginia Alcohol
Beverage Control Commissioner. No open container or mixed alcoholic liquor
drink, nonintoxicating beer or nonintoxicating craft beer, or wine, may be
carried into or out of any type of private club or any premises licensed by the
Commissioner, except as provided in the Code and this rule.
4.2. Age for purchase of alcoholic beverages.
- No licensee shall sell any alcoholic beverage or nonintoxicating beer to
individuals below the age of 21 years. The licensee must require proof of age
by way of at least one of three documents certifying the age of the individual,
one form of proof shall be either a valid driver's license, commercial driver's
license or Department of Motor Vehicles identification card showing that the
holder is at least 21 years of age. The following are considered to be valid
proofs of age.
4.2.1. A valid West Virginia
driver's license showing that the holder is at least 21 years of age.
4.2.2. A valid West Virginia Commercial
Driver's license (CDL) license showing that the holder is at least 21 years of
age.
4.2.3. A West Virginia
Department of Motor Vehicles identification card showing that the holder is at
least 21 years of age.
4.2.4. A
driver's license from another state may be accepted if there is no indication
or evidence that the license has been altered.
4.2.5. Any other valid means of satisfactory
proof with picture identification showing the individual to be at least 21
years of age. The failure to produce satisfactory proof of age upon demand
entitles the licensee to refuse to sell alcoholic beverages to the individual.
4.3. Age of manager. -
No licensee whose manager is under the age of 21 years shall be eligible for
license.
4.4. Inspection. - The
licensee shall at reasonable times permit the immediate inspection of the
licensed premises by the Commissioner, in order to ensure that the laws and
rules of the State of West Virginia are enforced. Upon the presentation of
credentials the licensee will allow the Commissioner immediate access to the
licensed premises, and there shall be no occasion for delay in the conduct of
such inspection. No licensee shall personally or by an agent or employee hinder
or interfere with an inspection of the licensed premises nor shall any licensee
allow patrons or others to hinder or interfere with the inspection. Any
evidence of a violation found during an inspection will be seized and impounded
by the Commissioner and shall be admissible into evidence to prove such
violation.
4.5. Posting license,
door markers, and signage. - Each licensee shall post:
4.5.1. All licenses issued to the licensee
pursuant to Chapter 60 of the West Virginia Code in a conspicuous area inside
the licensed premises.
4.5.2. At,
above, or on the licensee's main entrance to its private club in letters no
higher than 6 inches, a statement "ABCC License No. _________" which lists the
license's license number in the blank space.
4.5.3. In an open and prominent place a
blood-alcohol chart in the form prescribed by W. Va. Code §
60-6-24
as provided by the Commissioner.
4.5.4. In an open and prominent place the
fetal alcohol syndrome warning of birth defects in the manner prescribed by W.
Va. Code §
60-6-25
in the form as provided by the Commissioner.
4.5.5. The human trafficking notice required
by W. Va. Code § 15A-2-5.
4.6. Licensee's purchases of alcoholic
liquors. - After the granting of any type of private club license, each holder
shall purchase alcoholic liquors for resale from a retail liquor outlet. Any
private club license type may purchase alcoholic liquors only from the retail
liquor outlet in whose market zone it is located or from a retail liquor outlet
located in a market zone that is contiguous to the market zone in which the
private club is located. Upon a showing of good cause to the Commissioner, any
type of private club will be authorized to purchase alcoholic liquors from any
retail liquor outlet within the State. Whenever the ABCA continues to operate a
retail liquor outlet in a market zone for which no retail liquor outlet license
has been issued, all private clubs located in that same market zone are
required to purchase all alcoholic liquors from such ABCA licensed retail
liquor outlet.
4.7. Hours for sale
of alcoholic beverages. - No licensee shall sell, give or dispense alcoholic
liquor or nonintoxicating beer, or permit the consumption thereof, on any
licensed premises or in any rooms directly connected therewith between the
hours of 3:00 a.m. and 6:00 a.m. on any Sunday: Provided, That
alcohol sales may not begin until 1:00 p.m. in a county that has voted to
forbid alcohol sales until that time, as provided in W. Va. Code §
7-1-3ss;
nor shall any licensee sell, give, or dispense alcoholic liquors or
nonintoxicating beer, or permit the consumption thereof, on any licensed
premises or in any rooms directly connected therewith, between the hours of
3:00 a.m. and 6:00 a.m. on any weekday. A private resort hotel holding a
license issued pursuant to W. Va. Code §
60-7-1
et seq. may sell, tender, or dispense nonintoxicating beer,
wine, or alcoholic liquors in or on the licensed premises when also licensed
under W. Va. Code §
29-22A-1
et seq. and W. Va. Code §
29-22C-1
et seq. or W. Va. Code §
29-25-1
et seq. during hours of operation authorized by those
provisions.
4.8. Hours of
operation. - The licensed premises of all private clubs shall be closed for
operation and cleared of all persons, including employees, 30 minutes after the
hours of sale of alcoholic liquors and nonintoxicating beer have expired,
except for:
(i) a private resort hotel
holding a license issued pursuant to W. Va. Code §
60-7-1
et seq. may sell, tender, or dispense nonintoxicating beer,
wine, or alcoholic liquors in or on the licensed premises when also licensed
under W. Va. Code §
29-22A-1
et seq. and W. Va. Code §
29-22C-1
et seq. or W. Va. Code §
29-25-1
et seq.;
(ii)
members and guests staying at a private resort hotel, but the members and
guests must clear any bar and restaurant areas 30 minutes after the hours of
sale of alcoholic liquors and nonintoxicating beer have expired; and
(iii) members and guests staying at a private
hotel, but the members and guests must clear any bar and restaurant areas 30
minutes after the hours of sale of alcoholic liquors and nonintoxicating beer
have expired. Licensed premises shall not be occupied by persons any sooner
than 1/2 hour prior to the hours of sale of alcoholic liquors and
nonintoxicating beer, except for:
(i) a
private resort hotel holding a license issued pursuant to W. Va. Code §
60-7-1
et seq. may sell, tender, or dispense nonintoxicating beer,
wine, or alcoholic liquors in or on the licensed premises when also licensed
under W. Va. Code §
29-22A-1
et seq. and W. Va. Code §
29-22C-1
et seq. or W. Va. Code §
29-25-1
et seq.;
(ii)
members and guests staying at a private resort hotel where the members and
guests may not enter any bar and restaurant areas until a 1/2 hour before the
hours of sale of alcoholic liquors and nonintoxicating beer; and
(iii) members and guests staying at a private
hotel where the members and guests may not enter any bar and restaurant areas
until a 1/2 hour before the hours of sale of alcoholic liquors and
nonintoxicating beer.
4.9. Cessation of entertainment. - All
entertainment, both live and mechanical, the latter to include juke boxes,
shall completely cease and abate on the licensed premises 1/2 hour prior to the
expiration of the hours for sale of alcoholic liquors and nonintoxicating beer
as specified in Section 4.8 of this rule.
4.10. Doors. - During the hours for sale of
alcoholic liquors and nonintoxicating beer, all doors to and from the licensed
premises shall be closed except for the ingress and egress of the members and
their guests. However, for legally demarcated deck or other outdoor (not
enclosed, having no walls, roof or combination of walls and roof) area of any
type of licensed private club in good standing with the State and the ABCA and
that meets the requirements of section 2.18. of this rule, the Commissioner may
approve, on a case-by-case basis, a limited exception for doors that access
only the legally demarcated deck or other outdoor area to be open during the
hours of 11 a.m. to midnight. All other doors of entrance and exit of any type
of private club obtaining this privilege would still remain closed except for
ingress and egress of patrons. Prior to any consideration of this open-door
limited exception by the Commissioner, the county or municipality where the
private club is located must have authorized this open door limited exception
within an ordinance, zoning, or other written authorization by the governing
body of a county or municipality. Any type of private club violating this
section's requirements shall be subject to the penalties in the Code and rules
and cancellation of this privilege, and further all private clubs operating
under this open door limited exception shall be in compliance with all state,
county, and local noise ordinances and all ordinances or requirements affecting
the peace, good order, and quietude of the community. Further, the open-door
limited exception may be cancelled for any type of private club that fails to
stay in good standing with the State and ABCA or has other violations of the
Code and the rules.
4.11.
Suitability of kitchen and dining facilities.
4.11.1. Prior to the issuance of any private
club license, all kitchen and dining facilities are to be checked by agents or
employees of the Commissioner for their suitability in serving food to their
members and their guests. Equipment in the kitchen shall be capable of
preparing a freshly cooked meal on the licensed premises. In addition,
licensees shall have at least enough food to meet any dollar value for the
Licensee's private club type and serve 1/4 the number of seats in any private
club at any one time.
4.11.2. A
suitable kitchen shall contain equipment as follows, unless otherwise specified
by the requirements for licensure:
4.11.2.a. A
private club bar that operates primarily as a bar must have a kitchen with at
least:
4.11.2.a.1. One range with oven and no
fewer than two burners, or a microwave oven which has a variable control and a
separate range with two burners;
4.11.2.a.2. One sink with hot and cold
running water;
4.11.2.a.3. One cold
storage unit or refrigerator at least 17 cubic feet in size;
4.11.2.a.4. Cooking utensils and pots and
pans sufficient for preparation of the required meals.;
4.11.2.a.5. Food fit for human consumption
available to be served during all hours of operation on the licensed premises;
and
4.11.2.a.6. Maintain, 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.
4.11.2.b. For a
private club restaurant that operates primarily as a restaurant and full
kitchen with at least:
4.11.2.b.1. Ovens and
four-burner ranges, and a microwave oven or four single or two double burner
hot plates will not meet the requirements;
4.11.2.b.2 One - two bowl sink with hot and
cold running water;
4.11.2.b.3.
Refrigerators or freezers, or some combination of refrigerators and freezers,
greater than 50 cubic feet, including a walk-in refrigerator or
freezer;
4.11.2.b.4. Cooking
utensils and pots and pans sufficient for preparation of the required
meals;
4.11.2.b.5. Freshly prepared
food fit for human consumption available to be served during all hours of
operation on the licensed premises; and
4.11.2.b.6. Maintain, at any one time, $1,000
of fresh food inventory capable of being prepared in the private club
restaurant'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;
4.11.2.c. All
other private club types shall meet any kitchen and food requirements set forth
in section 2 of this rule or, if not specified, shall meet the kitchen and food
requirements of a private club restaurant.
4.11.3. A suitable dining facility shall
include food apparatus, such as: Plates (other than of paper or similar
construction), metal knives, forks, and spoons, drinking glasses and cups, and
as otherwise determined by the Commissioner, in sufficient quantities to serve
no fewer meals than 1/4 the number of membership seats in any type of private
club.
4.11.4. Meals shall be
available from opening of the club until closing. Limited menus will be
acceptable after 10:00 PM., for a private club bar, such as cold sandwiches
which can be prepared in advance and refrigerated for use after 10:00 PM is one
example of an acceptable limited menu.
4.12. Age of membership. - No licensee shall
admit to membership any individual below the age of 21 years, and no individual
below the age of 18 years shall be permitted on the licensed premises of a
licensee as a guest unless accompanied by the individual's parent or legal
guardian, except that a private club restaurant may permit an individual or
individuals below the age of 18 years when such individual is seated in the
restaurant area of the private club restaurant, and not the bar area.
4.13. Lighting of licensed premises. - The
interior of all licensed premises shall be adequately lighted at all times
while the licensee is conducting business or has employees on such
premises.
4.14. Purchase and
delivery of alcoholic beverages.
4.14.1.
Retail Liquor Stores Payments For Purchases. - When any duly licensed private
club purchases alcoholic liquors from a retail liquor store authorized by W.
Va. Code §
60-3A-1
et seq., money orders, certified checks, cashier's checks,
traveler's checks, and cash are acceptable for payment of a purchase. In
addition, a personal check from a duly licensed private club will be treated as
cash if a guaranty bond issued from a bonding company licensed to do business
in West Virginia is posted in advance with the Commissioner in a sum sufficient
to bond the total amount of such purchase(s); provided that such purchase(s) do
not exceed the total of the bond and in this regard, purchases, insofar as the
bond is concerned shall be treated as cumulative until such time as the
check(s) clears and is honored by the bank upon which the check is drawn.
4.14.1.a. Any duly licensed private club may,
in addition to the method provided above, purchase by personal check if a line
of credit issued by a duly organized national or State banking institution is
posted in advance with the Commissioner: Provided, hat such
purchase(s) may not exceed the total of the posted line of credit and in this
regard and purchases, insofar as the line of credit is concerned, shall be
treated as cumulative until such time as the check or checks clear and be
honored by the making bank or the bank upon which the check or checks are
drawn.
4.14.1.b. Application for
the purpose of purchasing by personal check when guaranteed by a guaranty bond
or line of credit shall be obtainable from the Commissioner at his office in
Charleston, West Virginia.
4.14.1.c. In the event that any check is
returned for insufficient funds then the Commissioner shall notify the bonding
company or bank issuing the line of credit and make demand for payment and they
shall be charged a handling fee of $50.00, such sum to be charged in addition
to the amount shown due on the face of the subject check.
4.14.2. Credit by retail liquor stores to
private clubs forbidden. - A retail liquor store is authorized to establish its
policy of negotiable instruments allowed to be utilized for payment of
purchases by a duly licensed private club. No credit may be extended by the
retail liquor outlet to any type of duly licensed private club.
4.14.3. Any type of duly licensed private
club may, by contract approved by the Commissioner, receive deliveries of
liquor from a retail liquor outlet. For the purposes of this activity the
provisions of W. Va. Code §
60-6-12
and § 60-6-13 are not applicable.
4.15. Operation of a private fair and
festival. - To be eligible for the license authorized by this subsection, the
private fair and festival or other event shall:
4.15.1. Be sponsored, endorsed, acknowledged,
or approved by the governing body or its designee of the county or municipality
in which the private fair and festival or other event is located;
4.15.2. Make application, including a floor
plan, age verification policies and sales policies, with the commission at
least 15 calendar days pursuant to the private fair, festival, or other
event;
4.15.3. Be approved by the
Commissioner to operate the private fair, festival, or other event.
4.15.4. Be for a duration of no more than 10
consecutive calendar days: Provided, that no more than six
licenses may be issued to the same person or entity in a calendar
year.
4.15.5. Offer to sell, sell,
and serve nonintoxicating beer and nonintoxicating craft beer sold, furnished,
tendered, or served pursuant to the license created by this section, which must
be purchased from licensed distributors that services the area in which the
private fair and festival is held or from a resident brewer acting in a limited
capacity as a distributor, all in accordance W. Va. Code §
11-16-1
et seq.
4.15.6.
Offer to sell, sell, and serve wine sold, furnished, tendered, or served
pursuant to the license created by this section which must be purchased from a
licensed wine distributor, winery, or farm winery in accordance with W. Va.
Code §
60-8-1
et seq.
4.15.7.
Offer to sell, sell, and serve liquor sold, furnished, tendered, or served
pursuant to the license created by this section which must be purchased from a
licensed retail liquor outlet in the market zone or contiguous market zone
where the private fair or festival is occurring, all in accordance with W. Va.
Code §
60-3A-1
et seq. and W. Va. Code §
60-7-1
et seq.
4.15.8.
Utilize bona fide employees, independent contractors, or volunteers to sell,
furnish, tender, or serve the nonintoxicating beer, nonintoxicating craft beer,
wine, or liquor.
4.15.9. Consider
permitting licensed representatives of a brewer, resident brewer, beer
distributor, wine distributor, wine supplier, winery, farm winery, distillery,
mini-distillery, and liquor broker representatives to attend a private fair and
festival and discuss their respective products but such representatives shall
not engage in the selling, furnishing, tendering, or serving of any
nonintoxicating beer, nonintoxicating craft beer, wine, or liquor.
4.15.10. Be subject to all other provisions
W. Va. Code §
60-7-1
et seq. and the rules and orders of the Commissioner:
Provided, that the Commissioner may by rule or order allow
certain waivers or exceptions with respect to those provisions, rules, or
orders as the circumstances of each private fair and festival require and has
the right to revoke or suspend immediately any license issued under this
section prior to any notice or hearing, notwithstanding W. Va. Code §
60-7-13a:
Provided, however, that under no
circumstances may the provisions of W. Va. Code §
60-7-12
be waived or an exception granted with respect thereto.
4.16. Operation of a private multi-vendor
fair and festival. - To be eligible for the license authorized by this
subsection, the private multi-vendor fair and festival shall complete the
following requirements and additional requirements set forth in W. Va. Code
§
60-7-8c
and W. Va. Code §
60-7-1
et seq:
4.16.1. Be
sponsored, endorsed, or approved by the governing body or its designee of the
county or municipality in which the private multivendor fair and festival or
other event is located. The Commissioner may make a form available;
4.16.2. Jointly apply to the Commissioner for
the special license at least 15 days prior to the private fair, festival, or
other event; and
4.16.3. Be
approved by the Commissioner to operate the private multivendor fair, festival,
or other event. In no event, may members or guests carry alcoholic liquors or
nonintoxicating beer or nonintoxicating craft beer on or of the private
multi-vendor fair and festival's licensed floorplan;
4.17. Operation of a one-day charitable rare,
antique, or vintage liquor auction.
4.17.1.
For purpose of this section: "Auction or auctioning" means any silent, physical
act, or verbal bid auction, where the auction requires in-person bidding at a
licensed private club or online internet-based auction bidding, with bidders
present at the licensed private club during the nonprofit auction, through a
secure internet-based application or website.
4.17.2. To be eligible for the license
authorized by this subsection, the one-day charitable rare, antique, or vintage
liquor auction shall:
4.17.2.a. 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 when raising money for athletic, charitable,
educational, scientific, or religious purposes;
4.17.2.b. Not receive more than 12 licenses
per any type of private club under this section per year;
4.17.2.c. Have the licensed private club and
nonprofit jointly complete an application, which may require information
relating to the date, time, place, floorplan of the charitable event and any
other information the Commissioner may require, that least 15 days prior to the
event;
4.17.2.d. Include with the
application a written signed and notarized statement that at least 80% of the
net proceeds from the charitable event will be donated directly to the
nonprofit. The Commissioner may audit the licensed private club and nonprofit
to verify the 80% requirement has been met;
4.17.2.e. Be in good standing with the
Commissioner, and the applicants must receive the Commissioner's approval prior
to the charitable event in accordance with W. Va. Code §
60-7-8b
and W. Va. Code §
60-7-1
et seq.;
4.17.2.f.
Not deliver, mail, or ship sealed or unsealed rare, antique, or vintage liquor
bottles;
4.17.2.g. Require the
winning bidder of the auctioned rare, antique, or vintage liquor to pay and
receive the sealed rare, antique, or vintage liquor bottle before the
conclusion of the event; and
