Section
General Provisions
111.001 Definitions
111.002 Tax imposed; exception
111.003 License required for distributing or retailing wine; fees; license period; separate license required for each place of business
111.004 Intoxication or drinking in public places; violation
111.005 False statement in application for license
Nonintoxicating Beer
111.020 License; required; application
111.021 Issuance
111.022 Tax imposed; computation for less than full year
111.023 Subject to conditions for state licenses
111.024 Additional tax; return and affidavit; collection; lien
Private Clubs
111.035 City license; required
111.036 Application; fee
111.037 Issuance; application; expiration; renewal; transferability
111.038 Schedule of fees; partial fees
111.039 Revocation
Unlawful Acts
111.050 Unlawful acts of licensees
111.051 Unlawful acts of persons
Sale of Alcohol on Sunday
111.065 Definitions
111.066 Sale of alcohol
Alcohol Policy
111.080 General provisions
111.081 Use of alcohol general policies
111.082 Renters
111.083 Insurance
111.084 Special events license
111.999 Penalty
GENERAL PROVISIONS
(A) Pursuant to the provisions of W.Va. Code § 8-13-7, as last amended, there is hereby imposed a tax of 5% of the retail purchase price of any and all intoxicating liquors purchased from the Alcohol Beverage Control Commission or from any person licensed to sell wine at retail to the public under the provision of W.Va. Code Ch. 60, Art. 8, within the corporate limits of the city; provided that such tax shall not be levied or collected on intoxicating liquors, other than wine, sold by or purchased from holders of a license issued under the provisions of W.Va. Code Ch. 60, Art. 7; and further provided, that such tax shall be collected upon all sales of wine to holders of a license issued under the provisions of W.Va. Code Ch. 60, Art. 7 from a wine distributor licensed pursuant to the provisions of W.Va. Code Ch. 60, Art. 3 et seq.
(B) Such tax shall be levied upon the purchaser of said intoxicating liquor or wine and shall be added to and collected with the retail purchase thereof. Such tax shall be received by the city from the State Treasury pursuant to the rules and regulations adopted by the Alcohol Beverage Control Commission.
(1991 Code, § 3-2) (Ord. passed 7-1-1947; Ord. passed 6-6-1963; Ord. passed 6-17-1965; Ord. passed 6-18-1981; Ord. passed 8-18-1983)
Editor’s note:
At the time of enactment of the ordinance codified in this section, and again at the time of the 1963 and 1981 amendments thereof, certified copies of the ordinance were sent to the State Alcohol Beverage Control Commissioner as required by W.Va. Code § 8-13-7.
Statutory reference:
Tax upon liquor sold at state store located beyond but within one mile of corporate limits of any municipality, for the benefit of such municipality, see W.Va. Code § 60-3-9d
(A) No person shall engage in business as a distributor or retailer of wine as provided by W.Va. Code Ch. 60, Art. 8 of 1931, as last amended, within the corporate limits of the city, without first obtaining a license from the city, nor shall a person continue to engage in any such activity after his or her license has expired, been suspended or revoked. No person may be licensed in more than one of such capacities at the same time.
(B) The city shall collect an annual fee for licenses issued in an amount set forth by Council from time to time.
(C) The license period shall begin on July 1 of each year commencing with July 1, 1982, and if the initial license is granted for less than a year, the fee shall be computed in proportion to the number of quarters remaining the fiscal year, including the quarter in which application is made.
(D) A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment. A retailer’s license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop.
(E) A copy of the ordinance codified in this chapter imposing the tax shall be certified by the Mayor to the State Alcohol Beverage Commission and to the Tax Commissioner.
(1991 Code, § 3-2.1) (Ord. passed 7-16-1981; Ord. passed 9-2-1982) Penalty, see § 111.999
(A) It shall be unlawful for any person to:
(1) Appear in a public place in an intoxicated condition;
(2) Drink alcoholic liquor in a public place other than a business establishment duly licensed by the state to sell alcoholic liquor or nonintoxicating beer for consumption on its premises;
(3) Drink alcoholic liquor in a motor vehicle on any highway, street, alley or in a public garage; and/or
(4) Tender alcoholic liquor to another person in a public place.
(B) Any officer of the law is hereby authorized and empowered to arrest and to hold in custody, without a warrant, until complaint may be made before the municipal judge and a warrant issued, any person who, in the presence of such officer of the law, violates any one or more of the provisions of division (A) above.
(1991 Code, § 3-3) Penalty, see § 111.999
Statutory reference:
For corresponding state law, and penalties for violation, see W.Va. Code § 60-6-9
Profane swearing and drunkenness, see W.Va. Code § 61-8-15
It shall be unlawful for any applicant for any license under this chapter to knowingly make any false statement of any material fact in his or her application for such license.
(1991 Code, § 3-4) Penalty, see § 111.999
NONINTOXICATING BEER
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