(a) Definitions. Words and phrases defined in W. Va. Code 11-16-2, 60-1-5, and 60-7-2 shall have the same meanings as therein defined wherever such words and phrases are used in this chapter.
(b) Tax imposed on purchase price of intoxicating liquors sold at retail store.
(1) Pursuant to W. Va. Code 8-13-7, as 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 store or outlet authorized by ABCC or from any person licensed to sell wine at retail to the public under the provision of W. Va. Code Ch. 60-8, within the corporate boundaries or within one mile of the corporate boundaries of the city. Such tax shall be levied upon the purchaser of said intoxicating liquor or wine, and shall be added to any collected with the retail purchase price of such intoxicating liquor or wine. Such tax shall be received by the municipality from the State Treasury pursuant to the rules and regulations adopted by the Alcohol Beverage Control Commission; provided, however, that such tax shall not be 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. 60-7; provided further, such tax shall be collected upon all sales of wine to holders of a license issued under the provisions of W. Va. Code Ch. 60-7 from a wine distributor licensed pursuant to the provisions of W. Va. Code Ch. 60, Art. 3 et seq.
(2) A certified copy of the ordinance from which this section derives has been provided to the State Alcohol Beverage Control Commissioner, as required by W. Va. Code 6-13-7, which further provides that the city tax shall be added to and collected with the purchase price.
(c) Specific acts forbidden.
(1) A person under the age of 21 years may not order, pay for, share the cost of, or attempt to purchase any non-intoxicating beer, wine, or alcoholic liquors from a licensee, or consume any non-intoxicating beer, wine, or alcoholic liquors purchased from a licensee or possess any non- intoxicating beer, wine, or alcoholic liquors purchased from a licensee. Any person under the age of 21 years who violates any provisions of this division (c)(1) is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or imprisoned in the regional jail for a period not to exceed 72 hours, or both fined and imprisoned, and, in addition to such fine and imprisonment, may, for the first offense, be placed on probation for a period not to exceed one year; provided, that nothing in this division (c)(1) shall prohibit a person who is at least 21 years of age from purchasing or possessing non-intoxicating beer, wine, or alcoholic liquors when he or she is acting upon the request of or under the direction and control of any member of a state, federal, or local law enforcement agency, or the state’s Alcohol Beverage Administration while the agency is conducting an investigation or other activity regarding the enforcement of the alcohol beverage control statutes and the rules and regulations of the Commissioner.
(2) Any person under the age of 21 years who, for the purpose of purchasing non-intoxicating beer, wine, or alcoholic liquors from a licensee, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent, or not actually his or her own, or who illegally attempts to purchase non-intoxicating beer, wine, or alcoholic liquors from a licensee, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $500 or shall be imprisoned in the regional jail for a period not to exceed 72 hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
(3) Any person who knowingly buys for, gives to, or furnishes to anyone under the age of 21, any non-intoxicating beer, wine, or alcoholic liquors purchased from a licensee, is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $500, or imprisoned in the regional jail not more than ten days, or both fined and imprisoned.
(4) A person shall not:
A. Manufacture or sell in this city without a license any alcoholic liquor except as permitted by state law;
B. Aid or abet in the manufacture or sale of alcoholic liquor without a license except as permitted by state law;
C. Sell without a license any alcoholic liquor other than permitted by state law; sell without a license any alcoholic liquor other than provided by W. Va. Code Ch. 60-6 and division (h) below;
D. Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, un-rectified, or impure form of ethyl alcohol, or 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 city except in accordance with the rules and regulations of the Commission; or
G. Distribute, deal in, process, or use crowns, stamps, or seals required under the authority of this chapter, except in accordance with the rules and regulations prescribed by the State Liquor Control Commission.
(d) Unlawful sale or possession by a licensee. A person licensed under the provisions of this article shall not:
(1) Sell alcoholic liquors of a kind other than that which such license or this article authorizes him or her to sell;
(2) Sell beer to which wine, spirits, or alcohol has been added;
(3) Sell wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture thereof under regulation of the State Liquor Control Commission;
(4) Sell alcoholic liquors to a person who is:
A. Less than 21 years of age;
B. A habitual drunkard;
C. Intoxicated;
D. Addicted to the use of narcotic drugs; or
E. Mentally incompetent.
(5) Sell alcoholic liquors except as authorized by his or her license;
(6) Sell any alcoholic liquor when forbidden by the provisions of this article; or
(7) Keep on the premises covered by his or her license alcoholic liquor other than that which he or she is authorized to sell by such license or by this article.
(e) Intoxication or drinking in public places. It shall be unlawful for any person to:
(1) Appear on property owned by the city or in a public place in an intoxicated condition;
(2) Drink alcoholic liquor or non-intoxicating beer in a public place or possess the same in any open container in or on any public sidewalk, street, or lane within the corporate limits;
(3) Drink alcoholic liquor or non-intoxicating beer in a motor vehicle on any street or in a public garage or parking place or place of business open to the general public, except those places duly licensed for such purpose pursuant to this chapter;
(4) Possess alcoholic liquor in the amount in excess of one gallon, in containers not bearing stamps or seals of the state’s Liquor Control Commission, without having first obtained written authority from that Commission therefor; and
(5) Possess any alcoholic liquor which was manufactured or acquired in violation of the provisions of W. Va. Code Ch. 60.
(f) False statement in application for license. It shall be unlawful for any applicant for any license under this article to knowingly make any false statement of any material fact in his or her application for such license.
(g) Sale of liquor by the bottle by retail liquor stores.
(1) As the state shall require a retail outlet to obtain a liquor license from the state, the city shall also issue liquor licenses subsequent to the retail outlet receiving a liquor license from the state. After the issuance of a state liquor license, the applicant must then file an application with the City Recorder.
(2) The annual retail license period shall be from July 1 to June 30 of the following year. The annual retail license fee, if an applicant holds a Class A retail license under state law, shall be the sum of $1,500 per outlet. The annual retail license fee if an applicant holds a Class B license shall be $500 per outlet. The annual retail license fee for the initial year of issuance shall be prorated based on the number of days remaining between the date of issuance and June 30.
(3) A retail license shall expire on June 30 each year and may be renewed only upon the submission to the City Recorder.
(4) No person may sell liquor at any retail outlet if the retail license applicable to such outlet has been suspended or revoked, or has expired.
(5) All retail licenses issued or renewed under the provisions of this section shall expire and be of no further force or effect as of July 1, 2000. Licenses issued thereafter will be so issued in accordance with applicable law.
(6) Violations of the provisions of this article shall be punishable by a fine of $500 and/or imprisonment for up to 30 days.
(h) Sale of alcohol on Sundays.
(1) ON-PREMISE LICENSEE shall be defined to mean any person who holds one of the following Class A licenses issued by the state’s Alcohol Beverage Control Administration to sell alcoholic beverages:
A. Private club (less than 1,000 members) - liquor, wine, and non-intoxicating beer;
B. Private club (1,000 or more members) - liquor, wine, and non-intoxicating beer;
C. Fraternal club (non-profit) - liquor, wine, and non-intoxicating beer;
D. Fraternal club (non-profit) - non-intoxicating beer;
E. Tavern - non-intoxicating beer;
F. Private wine restaurant - wine only;
G. Private wine restaurant - wine and non-intoxicating beer only;
H. Private wine spa - wine only;
I. Private wine bed and breakfast - wine only;
J. Brew pub (resident brewer/importer license required);
K. Special events (fairs and festivals) - wine and non-intoxicating beer;
L. Special events (fairs and festivals) - wine only;
M. Special events (fairs and festivals) - non-intoxicating beer only; or
N. Growler.
(2) 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.
(3) Notwithstanding anything to the contrary contained in the City Code, the 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 10:00 a.m. on any Sunday.