Retail Licensee, as defined by West Virginia Code, means a person licensed under W. Va. Code §60-3A-1, et seq. to operate a retail outlet. A Retail Outlet is defined as an establishment licensed and operated under the authority of W. Va. Code §60-3A-1 et seq. to sell alcoholic liquor in the original package for consumption off the premises. Only a retail outlet (liquor store) licensed in accordance with W. Va. Code §60-3A-1 et seq. may sell alcoholic liquors at retail in West Virginia.
There are two types of retail outlet licenses:
Class A retail license, which means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet. Class A retail licensees are also referred to as a "Freestanding liquor retail outlet" which means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products.
Class B retail license, which means a retail license permitting the sale of liquor at a mixed retail liquor outlet. Class B retail licensees are also referred to as a "Mixed retail liquor outlet" which means a retail outlet that sells liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products, in addition to convenience and other retail products.
The number of retail licenses available and the minimum bid amount for each is established by the West Virginia Retail Liquor Licensing Board. Licenses are awarded to successful bidders for a 10-year franchise license to operate a retail outlet. The current 10-year period began July 1, 2010 and ends June 30, 2020. Retail outlets must be franchised before Retail Liquor Outlet License Applications can be processed.
A retail licensee may only sell alcoholic liquors that have been purchased from the commissioner, wine other than fortified wine that was purchased from a licensed distributor or licensed farm winery, including port, sherry and Madeira wine, and nonintoxicating beer purchased from a licensed manufacturer.
Class A Retail Liquor licensees may, with the written approval of the commissioner, conduct a Liquor Sampling Event on a designated liquor sampling day.
Class A Retail Liquor licensees, if licensed as a wine specialty shop, may with the written approval of the commissioner conduct Wine Samplings.
Class A Retail Liquor licensees, if licensed for nonintoxicating beer off-premise sales, may with the written approval of the commissioner conduct a Nonintoxicating Beer Sampling Event on a designated nonintoxicating beer sampling day.
The privileges, duties and the responsibilities for the retail sale of liquor, wine and nonintoxicating beer are detailed in Legislative Rules 175 CSR 1, 4, 5, and 6 and 176 CSR 1 and as authorized by West Virginia Code Chapter 60 and Chapter 11, Article 16.
Related Forms and Packets:
Retail Liquor Outlet License Packet