CHAPTER 111: ALCOHOLIC BEVERAGES
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
§ 111.001 DEFINITIONS.
   For the purposes of this chapter, words and phrases defined by W.Va. Code §§ 11-16-2, 60-1-5 and 60-7-2 shall have the meanings ascribed to them therein.
(1991 Code, § 3-1) (Ord. passed 6-1-1967)
§ 111.002 TAX IMPOSED; EXCEPTION.
   (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
§ 111.003 LICENSE REQUIRED FOR DISTRIBUTING OR RETAILING WINE; FEES; LICENSE PERIOD; SEPARATE LICENSE REQUIRED FOR EACH PLACE OF BUSINESS.
   (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
§ 111.004 INTOXICATION OR DRINKING IN PUBLIC PLACES; VIOLATION.
   (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
§ 111.005 FALSE STATEMENT IN APPLICATION FOR LICENSE.
   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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