521.01 DEFINITIONS.

(b) “Alcoholic liquor” includes alcohol, beer, wine, and spirits, and any liquid or solid capable of being used as a beverage, but shall not include nonintoxicating beer.

(c) “An agency” means a drugstore, grocery store, or general store designated by the Commission as a retail distributor of alcoholic liquor for the West Virginia Alcohol Beverage Control Commission.

(d) “Beer” means any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more alcohol than that of nonintoxicating beer.

(e) “Brewery” means an establishment where beer is manufactured or in any way prepared.

(f) “Commissioner” or “Commission” means the West Virginia Alcohol Beverage Control Commissioner.

(g) “Department” means the organization through which the Commission exercises powers imposed upon it by this article.

(h) “Distillery” means an establishment where alcoholic liquor other than wine or beer is manufactured or in any way prepared.

(i) “Intoxicated” means a person’s faculties are impaired by alcohol or other substance to the point where physical or mental control or both are markedly diminished.

(j) “Manager” means an individual who is the applicant’s or licensee’s on-premises employee, member, partner, shareholder, director, or officer who meets the licensure requirements of West Virginia Code 11-16-1 et seq. and rules promulgated thereunder who actively manages, conducts, and carries on the day-to-day operations of the applicant or licensee with full and apparent authority or actual authority to act on behalf of the applicant or licensee. Such duties include but are not limited to: coordinating staffing; reviewing and approving payroll; ordering and paying for inventory, such as nonintoxicating beer, wine and liquor, as applicable; and managing security staff, security systems, video and other security equipment; and any further acts or actions involved in managing the affairs of the business, on behalf of owners, partners, members, shareholders, officers, or directors.

(k) “Manufacture” means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor.

(l) “Manufacturer” means any person engaged in the manufacture of any alcoholic liquor, and among others includes a distiller, a rectifier, a wine maker, and a brewer.

(m) “Nonintoxicating beer” means any beverage obtained by the fermentation of barley, malt, hops, or similar products or substitute, and containing not more alcohol than that specified by West Virginia Code 11-16-2.

(n) “Original package” means any closed or sealed container or receptacle used for holding alcoholic liquor.

(o) “Person” means an individual, firm, partnership, limited partnership, corporation, or voluntary association.

(p) “Powdered alcohol” means an alcohol manufactured in a powder or crystalline form for either direct use or reconstitution as an alcoholic liquor or food. For purposes of this chapter, powdered alcohol excludes any material intended for industrial purposes.

(q) “Public place” means any place, building, or conveyance to which the public has, or is permitted to have access, including restaurants, soda fountains, hotel dining rooms, lobbies and corridors of hotels and any highway, street, lane, park, or place of public resort or amusement: provided, that the term “public place” shall not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of this article to sell alcoholic liquors for consumption on the premises: provided, however, that the term “public place” shall not mean or include any legally demarcated area designated solely for the consumption of beverages and freshly prepared food that directly connects and adjoins any portion or portions of a premise that qualifies and is licensed under the provisions of this article to sell alcoholic liquors for consumption thereupon: provided further, that the term “public place” shall not include a facility constructed primarily for the use of a Division I, II, or III college or university that is a member of the National Collegiate Athletic Association, or its successor, and used as a football,

basketball, baseball, soccer, or other Division I, II, or III sports stadium which holds a special license to sell wine pursuant to the provisions of West Virginia Code 60-8-3, in the designated areas of sale and consumption of wine and other restrictions established by that section and the terms of the special license issued thereunder.

(r) “Sale” means any transfer, exchange, or barter in any manner or by any means, for a consideration, and shall include all sales made by a principal, proprietor, agent, or employee.

(s) “Selling” includes solicitation or receipt of orders; possession for sale; and possession with intent to sell.

(t) “Spirits” means any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution and includes brandy, rum, whiskey, cordials, and gin.

(u) “State liquor store” means a store established and operated by the Commission under this article for the sale of alcoholic liquor in the original package for consumption off the premises.

(v) “Wine” means any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.

(w) “Winery” means an establishment where wine is manufactured or in any way prepared. (WVaC 60-1-5)

(x) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of West Virginia Code Chapter 60A, which is inclusive of marijuana. (Ord. 2-00. Passed 2-28-00.)

521.02 ARTICLE NOT APPLICABLE TO CERTAIN USES BY PHYSICIANS, DRUGGISTS AND OTHERS.

The provisions of this article shall not prevent:

(a) A physician from prescribing the use of alcoholic liquors when necessary for a bona fide patient;

(b) A druggist from selling, upon a prescription properly issued by a physician, alcoholic liquors for medicinal purposes;

(c) A physician, dentist or veterinarian, in the legitimate practice of his profession, from using and administering alcoholic liquors;

(d) Hospitals, sanitariums or that division of any institution which is regularly conducted as a hospital, dispensary or infirmary from using or administering alcoholic liquors to bona fide patients. Institutions and the divisions thereof provided in this section may carry a stock of alcoholic liquors sufficient for this purpose;

(e) Religious organizations from using wine for sacramental purposes.

(WVaC 60-6-5)

521.03 PROHIBITED ACTS GENERALLY.

No person shall:

(a) Manufacture or sell in this City, without a license, any alcoholic liquor except as permitted by West Virginia Code Chapter 60;

(b) Aid or abet in the manufacture or sale of alcoholic liquor without a license, except as permitted by West Virginia Code Chapter 60;

(c) Sell without a license any alcoholic liquor other than provided by West Virginia Code Article 60-6 and Section 521.03A;

(d) Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, unrectified or impure form of ethyl alcohol, or any other foreign or deleterious substance or liquid;

(e) Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this State;

(f) Advertise any alcoholic liquor in this State except in accordance with the rules and regulations of the West Virginia Alcohol Beverage Control Commissioner;

(g) Distribute, deal in, process or use crowns, stamps or seals required under the authority of West Virginia Code Chapter 60, except in accordance with the rules and regulations prescribed by the West Virginia Alcohol Beverage Control Commissioner.

(WVaC 60-6-7)

(h) Manufacture, sell, give or offer to make a sale or gift of, transport or otherwise possess any alcoholic liquor or non intoxicating beer except as permitted by West Virginia Code Chapters 11 and 60.

(i) Whoever violates subsection (a) to (g) hereof is guilty of a misdemeanor for a first offense. (Passed 10-24-16.)

521.03A SALE OF ALCOHOL ON SUNDAYS.

A) "On-Premise Licensee" shall be defined to mean any person who holds one of the following Class A licenses issued by the West Virginia Alcohol Beverage Control Administration to sell alcoholic beverages:

i. Private Club (less than 1,000 members) -liquor, wine & non-intoxicating beer;

ii. Private Club (1,000 or more members) -liquor, wine & non-intoxicating beer;

iii. Fraternal Club (Non-Profit) - liquor, wine & non-intoxicating beer;

iv. Fraternal Club (Non-Profit) - non-intoxicating beer;

v. Tavern - non-intoxicating beer;

vi. Private Wine Restaurant - wine only;

vii. Private Wine Restaurant - wine & non-intoxicating beer only;

viii. Private Wine Spa- wine only;

ix. Private Wine Bed & Breakfast - wine only;

x. Brew Pub (Resident Brewer/Importer License Required);

xi. Special Events (Fairs and Festivals) -wine & non-intoxicating beer;

xii. Special Events (Fairs and Festivals) -wine only;

xiii. Special Events (Fairs and Festivals) -non-intoxicating beer only; or XIV. Growler.

B) "Person" shall be defined to mean an individual, firm, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature.

C) Notwithstanding anything to the contrary contained in the Code of City of Bridgeport, Code of West Virginia, or Code of State Rules of West Virginia, any On-Premise Licensee shall be permitted to sell alcoholic beverages pursuant to the terms of its license, but beginning at ten o'clock a.m. (10:00 a.m.) on any Sunday.

(Passed 10-24-16.)

521.04 UNLAWFUL SALE OR POSSESSION BY ALCOHOLIC LIQUOR LICENSEE.

No person licensed under West Virginia Code Chapter 60 shall:

(a) Sell, furnish, tender or serve alcoholic liquors of a kind other than that which the license or West Virginia Code Chapter 60 authorizes him or her to sell;

(b) Sell, furnish, tender or serve beer to which wine, spirits or alcohol has been added;

(c) Sell, furnish, tender or serve wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture of the wine under rules of the Commission; (WVaC 60-6-8)

(d) (1) Sell, furnish, tender or serve alcoholic liquors or nonintoxicating beer to a person who is:

A. Less than twenty-one years of age;

B. An habitual drunkard;

C. Intoxicated;

D. Addicted to the use of any controlled substance as defined by West Virginia Code Chapter 60A;

E. Mentally incompetent.

(2) It shall be a defense to a violation of subsection (d)(1)A. hereof if the seller shows that the purchaser:

A. Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or

B. Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.

(WVaC 60-3-22; 60-6-8)

(e) Sell, furnish, tender or serve alcoholic liquors except as authorized by his or her license;

(f) Sell, furnish, tender or serve alcoholic liquors other than by the drink, poured from the alcoholic liquors’ original container: provided, that under certain requirements exceptions to liquor by the drink are as follows:

(1) A private club licensed under West Virginia Code 60-7-1 et seq., that is in good standing with the Commissioner and has paid a $1000 on-premises only bottle service fee to the Commissioner, may sell or serve liquor by the bottle to two or more persons for consumption on the licensed premises only, and any liquor bottle sold by such a private club shall be sold at retail for personal use, and not for resale, to a person for not less than 300 percent of the private club’s cost, and the liquor bottle shall be removed from the licensed premises by any person or the licensee; and

(2) A Class A licensee licensed under West Virginia Code 60-8-1 et seq., may sell or serve wine by the bottle to two or more persons for consumption on the licensed premises only, unless such licensee has obtained a license or privilege authorizing other activity;

(g) Sell, furnish, tender, or serve pre-mixed alcoholic liquor that is not in the original container: provided, that a licensee may sell, furnish, tender, and serve up to fifteen recipes of pre-mixed beverages consisting of alcoholic liquors and nonalcoholic mixer, in a manner approved by the Commissioner and in accord with public health and safety standards:

(1) The licensee shall use approved dispensing and storage equipment which shall be cleaned at the end of the day. Failure to clean the dispensing and storage equipment shall result in the immediate suspension or revocation of the permit;

(2) The licensee shall sanitize and clean the pre-mixing beverage storage equipment after each use or after each batch of the pre-mixed beverage is made; and

(3) The licensee shall maintain a written record reflecting the cleaning and sanitizing of the storage and dispensing equipment for inspection by the Commissioner and health inspectors;

(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 West Virginia Code Chapter 60 or 11-16-1 et seq.

(h) Sell, furnish, tender or serve any alcoholic liquor when forbidden by the provisions of this article;

(i) Sell, possess, possess for sale, tender, serve, furnish or provide any powdered alcohol;

(j) Keep on the premises covered by his or her license alcoholic liquor other than that which he or she is authorized to sell, furnish, tender, or serve by such license or by this article.

Whoever violates this section is guilty of a misdemeanor for the first offense.

(WVaC 60-6-8)

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