Private Wine Restaurant

Private Wine Restaurant, as defined by West Virginia statutes, means any a restaurant which:  (1) Is a partnership, limited partnership, corporation, unincorporated association or other business entity which has as its principal purpose the business of serving meals on its premises to its members and their guests; (2) is licensed under the provisions of West Virginia Code §60-8 as to all of its premises or as to a separate segregated portion of its premises to serve wine to its members and their guests when such sale accompanies the serving of food or meals; (3) admits only duly elected and approved dues-paying members and their guests while in the company of a member and does not admit the general public. Such private clubs that meet the private wine restaurant requirements numbered (1), (2) and (3) in this definition shall be considered private wine restaurants.

Each licensed private wine restaurant may sell and serve wine for consumption on the premises of the licensee and recork and reseal partially consumed wine when such sale accompanies the serving of food or a meal to its members and their guests, if the licensee:

• Has verified, by checking proper identification, that the member or guest purchasing the wine is over twenty-one years of age so as to consume the wine and recork or reseal the partially consumed wine bottle and carry it off premises;
• Uses a one-time tamper resistant cork, seal, or bag approved by the Commissioner to secure the partially consumed wine before the wine is taken off the licensee’s premises, and affixes the receipt to the sealed bottle or sealed bag to prevent the partially consumed wine from opening while in transit;
• Recorks, seals or bags no more than two separate bottles of partially consumed wine in conjunction with serving of food or a meal to its members and their guests for consumption off premises; and
• Has provided the purchaser with food or a meal which the total price was, excluding beverage purchases, taxes, gratuity or other fees, at least fifteen dollars.

The privileges, duties and responsibilities for the serving of wine in a private wine restaurant is detailed in Legislative Rule CSR 175-4-6 and authorized by West Virginia Code §60-8.

Related Forms and Packets: