Vivian Marlowe
Alcohol vendors in West Virginia must comply with state laws and regulations outlined by the West Virginia Alcohol Beverage Control Administration (WVABCA). To sell alcohol, a business must obtain a liquor license, which requires registration with the state tax department and the secretary of state's office, an application process, and associated fees. The type of license varies depending on the type of alcohol sold and how it is served. For example, a beer and wine license differs from a full liquor license, and an on-sale license is necessary for alcohol consumed on the premises. While electronic scanning is not required, vendors must verify the age of the purchaser, and West Virginia offers affirmative defense laws for ID scanning for alcohol sales.
| Characteristics | Values |
|---|---|
| Do alcohol vendors in WV need to scan drivers' licenses? | Alcohol vendors in West Virginia are not required to scan IDs for alcohol sales, but they are provided affirmative defense if they do. |
| What are accepted as valid proofs of age for purchasing alcohol in WV? | A valid West Virginia driver's license, a valid West Virginia Commercial Driver's license (CDL), or a West Virginia Department of Motor Vehicles identification card showing that the holder is at least 21 years of age. A driver's license from another state may also be accepted if there is no indication that it has been altered. |
| Can a temporary license be used to purchase alcohol in WV? | It depends on the location. While some places like Kroger refuse to sell alcohol to individuals with temporary licenses, others like Walmart do not have an issue with it. |
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What You'll Learn
West Virginia liquor laws
West Virginia's liquor laws are quite complex, and the state constitution prohibits the consumption of "intoxicating liquors" in a "saloon or other public place". Over the years, there have been various workarounds and changes to the laws. Beer has been available in general retail stores since 1934, and wine was transferred from state-owned "ABC Stores" to private sale in 1981. Prior to 1990, liquor was only sold in these state-owned stores, but the state later auctioned off permits to private businesses, which now operate as "agents of the state".
In terms of licensing, businesses must register with the West Virginia State Tax Department and the WV Secretary of State's Office, complete an application, and pay the necessary fees. The type of license required depends on whether alcohol is intended for on-premise or off-premise consumption. There are also different classes of licenses, with fees ranging from $0 to $22,650 annually. An additional $100 operational fee is charged for each licensed location, and a $150 reactivation fee is applied for late renewals.
The application process requires various forms, including a floor plan of the location and a valid lease if the applicant is not the property owner. A valid Health Permit in the applicant's name is also mandatory. All applicants must undergo a live-scan fingerprinting process.
West Virginia offers affirmative defence laws for ID scanning for alcohol sales, providing protection for retailers who scan IDs. However, the state prohibits the saving or storing of scan data beyond the purchaser's age. The drinking age in West Virginia is currently 21 for all beverages, and persons under 18 are not allowed to sell alcohol.
There are also specific restrictions on retail sale timings. Beer and wine sales are prohibited between 2:00 a.m. and 6:00 a.m. daily, while liquor sales are not allowed on Easter Sunday and Christmas Day, as well as between midnight and 6:00 a.m. each day.
Additionally, West Virginia has a unique provision for "private clubs," where patrons become "members" with their first drink purchase. These clubs are essentially public places, and the law requires them not to refuse membership to anyone over 21.
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Valid ID requirements
To sell alcohol in West Virginia, businesses must obtain a liquor license from the West Virginia Alcohol Beverage Control Administration (WVABCA). The specific type of license required depends on the type of alcohol being served and how it will be served. For example, a Beer and Wine License permits the sale of beer and wine but not spirits, while a Full Liquor License allows the sale of all types of alcoholic beverages. An On-Sale License is intended for alcohol consumed on the premises, while an Off-Sale License is for alcohol sold to customers who will consume it off-site.
To obtain a liquor license in West Virginia, businesses must register with the WV Secretary of State's Office and the West Virginia State Tax Department, complete the necessary application forms, and pay the required fees. The application package typically includes several forms, such as the Application for Retail License, Release of Information & Waiver of Confidentiality of Records, Alcohol Beverage Control Bond, Floor Plan, and Zoning Form. Additionally, a valid Health Permit and proof of age are required as part of the application process.
In terms of valid ID requirements, West Virginia law stipulates that licensees must require proof of age when selling alcoholic beverages. Acceptable forms of identification include a valid driver's license, commercial driver's license, or Department of Motor Vehicles identification card, all of which must indicate that the holder is at least 21 years of age. A driver's license from another state may also be accepted as long as there is no evidence of alteration. Other valid means of satisfactory proof of age with picture identification showing the individual to be at least 21 years of age are also acceptable.
It is important to note that West Virginia offers affirmative defense laws for ID scanning for alcohol sales. While electronic scanning is not required, businesses are provided with legal protection if they choose to scan IDs to verify the age of purchasers. However, the law prohibits the storage or saving of any data beyond the age of the purchaser.
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Types of liquor licenses
In West Virginia, liquor licenses are issued by the state, and businesses must obtain a license to sell alcohol. The type of license required depends on whether alcohol is sold for on-premise or off-premise consumption. There are two basic types of licenses: Class A for on-premise consumption and Class B for off-premise consumption. The annual fees for these licenses vary depending on the type of establishment, ranging from $0 to $22,650. An additional $100 operational fee is charged for each licensed location, and a $150 reactivation fee is applied for late renewals.
Other types of licenses include the Class S2 private fair and festival license, which allows the retail sale of alcoholic liquors and non-intoxicating beer for on-premise consumption. This license is valid for no more than 10 consecutive days and costs a non-refundable fee of $500.
Additionally, there are beer and wine licenses that exclude spirits and are generally easier to obtain and less expensive. A full liquor license is required to sell beer, wine, and spirits. The cost of a liquor license in West Virginia typically ranges from $500 to $2000, but the specific fees depend on the type of license and the location.
Before applying for a liquor license, businesses must have a seller's permit and ensure their premises are correctly zoned for alcohol sales. The application process involves registering the business with the state tax department and the Secretary of State's Office, completing the necessary forms, and paying the required fees. It is important to be aware of the specific licensing laws and regulations in the state, county, and city of operation.
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Liquor license application process
To obtain a liquor license in West Virginia, you must follow the state laws and regulations outlined by the West Virginia Alcohol Beverage Control Administration (WVABCA). The process involves registering your business with the West Virginia State Tax Department and the WV Secretary of State's Office, completing the application process, and paying the necessary fees. The type of license you need depends on whether you intend to sell alcohol for on-premise or off-premise consumption.
The application package includes several forms, such as the Application for Retail License, Release of Information & Waiver of Confidentiality of Records, Alcohol Beverage Control Bond, Floor Plan, and Zoning Form. If you're not the property owner, you must provide a copy of a valid lease. You must also provide a copy of a valid Health Permit issued in your name. All applicants must complete a live-scan fingerprinting process.
The annual fees for Class A and Class B licenses vary depending on the type of establishment, ranging from $0 to $22,650. An Operational Fee of $100 is added for each licensed location, and a Reactivation Fee of $150 applies for late renewals. For a Class S2 private fair and festival license, a non-refundable non-prorated license fee of $500 is required. License fees must be paid by certified check, cashier’s check, or money order.
The West Virginia liquor license process typically takes between 30 and 120 days, but if there are issues, it can take up to six months. Common issues that delay the approval of liquor license applications include the premises still being under construction, fee or document mistakes or omissions, liens placed against the business, zoning issues, and tenancy issues. Some common reasons for denial include having a disqualifying police record, being under 21, fraud in the application, and location-based issues.
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Liquor license fees
In West Virginia, alcohol vendors are not required to electronically scan drivers' licenses, but the state does offer affirmative defence laws for ID scanning for alcohol sales. West Virginia prohibits scan data beyond the age of the purchaser from being saved or stored.
To obtain a liquor license in West Virginia, you must comply with the state laws and regulations as outlined by the West Virginia Alcohol Beverage Control Administration (WVABCA). The process involves registering your business with the West Virginia State Tax Department and the WV Secretary of State's Office, completing the application process, and paying the necessary fees. The type of license you need depends on whether you intend to sell alcohol for on-premise or off-premise consumption.
The cost of a liquor license in West Virginia varies depending on the type of license and the location of your business. The annual fees for Class A and Class B licenses range from $0 to $22,650. An Operational Fee of $100 is added for each licensed location, and a Reactivation Fee of $150 applies for late renewals. According to the West Virginia liquor board, annual license fees for liquor licenses relevant to restaurants can range from $500 to $2000. Some have a tiered pricing structure based on the population of the city, while others have a flat fee.
The application package includes several forms, such as the Application for Retail License, Release of Information & Waiver of Confidentiality of Records, Alcohol Beverage Control Bond, Floor Plan, and Zoning Form. If you are not the property owner, you must provide a copy of a valid lease and a copy of a valid Health Permit issued in your name. All retail licenses are valid from the issue date until June 30th of the current licensing period. For a Class S2 private fair and festival license, the license is valid for a duration of no more than 10 consecutive days.
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Frequently asked questions
No, they don't need to scan them, but they do need to check them. West Virginia offers affirmative defense laws for ID scanning for alcohol sales.
A valid West Virginia driver's license, a West Virginia Commercial Driver's License (CDL), or a West Virginia Department of Motor Vehicles identification card. A driver's license from another state is also acceptable if there is no indication that it has been altered.
The licensee is within their rights to refuse to sell alcohol to the customer.
No, West Virginia prohibits scan data beyond the age of the purchaser from being saved or stored.
