§ 111.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALCOHOLIC LIQUOR. Include alcohol, beer, wine, and spirits, and any liquid or solid containing more than 3.2% of alcohol by weight and capable of being used as a beverage.

   BEER. Any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing more than 3.2% of alcohol by weight.

   MANUFACTURE. To distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill any original package with any alcoholic liquor or nonintoxicating beer.

   NONINTOXICATING BEER. Any beverage obtained by the fermentation of barley, malt, hops, or any other similar product or substitute, and containing not more than 3.2% of alcohol by weight.

   ORIGINAL PACKAGE. Any closed or sealed container or receptacle used for holding alcoholic liquor or nonintoxicating beer.

   PUBLIC PLACE. Any place, building, or conveyance to which the public has, or is permitted to have access, including restaurants, soda fountains, and hotel dining rooms and lobbies, and corridors of hotels, and any highway, street, lane, park, or place of public resort or amusement.

   SALE. Any transfer, exchange, or barter in any manner or by any means for a consideration, and shall include all sales made by principal, proprietor, agent, or employee.

   SELLING. Include solicitation or receipt of orders, possession for sale, and possession with intent to sell.

   SPIRITS. Any alcoholic beverage obtained by distillation and mixed with potable water and other substances in solution, and includes brandy, rum, whiskey, cordials, and gin.

   WINE. Any beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar.

(Prior Code, § 3-1)

Statutory reference:

   Authority of city to tax the sale of nonintoxicating beer, see W. Va. Code 11-16-26

   Authority to prevent the illegal sale of intoxicating liquors, see W. Va. Code 8-12-5(20)

   Definitions in State Liquor Control Act, see W. Va. Code 60-1-5

   State Liquor Control Act, see W. Va. Code 60-1-1 et seq.

   State Nonintoxicating Beer Act, see W. Va. Code 11-16-1 et seq.

§ 111.02 CITY TAX IMPOSED ON PURCHASE PRICE OF INTOXICATING LIQUORS SOLD AT STATE STORES.

   (A)   After the effective date of the ordinance codified herein, pursuant to W. Va. Code 8-13-7, as amended, there is hereby imposed the tax of 5% on the retail purchase price of any and all intoxicating liquors purchased from the Alcohol Beverage Control Commissioner or from person licensed to sell wine at retail to the public under the provisions of W. Va. Code Ch. 60, Art. 8, within the corporate boundaries of the city.

      (1)   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 said Alcohol Beverage Control Commissioner.

      (2)   Provided, however, that such tax shall not be collected on intoxicating liquors, other than wines sold by or purchased from holders of a license issued under the provisions of W. Va. Code Ch. 60, Art. 7.

      (3)   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, Art. 7 from a wine distributor licensed pursuant to the provisions of W. Va. Code Ch. 60, Art. 3 et seq.

   (B)   Pursuant to the provisions of W. Va. Code 8-11-4, as amended, not less than three printed copies of the ordinance codified herein have been and are now on file in the office of the City Clerk where the same shall remain on file and be available to the public for inspection and use during all regular business hours. Notice of the proposed adoption of this section shall be given by publication as provided in W. Va. Code 8-11-4, as amended.

(Prior Code, § 3-2) (Ord. passed 8-18-1983)

§ 111.03 PROHIBITED ACTS GENERALLY.

   The following acts are prohibited:

   (A)   For any person to manufacture, acquire, sell, possess, or transport within the city any intoxicating liquor or nonintoxicating beer except in accordance with the provisions of the laws of the state;

   (B)   For any person to drink any alcoholic liquor in a public place within the city; and

   (C)   For any person to tender a drink of alcoholic liquor to another person in a public place within the city.

(Prior Code, § 3-3) Penalty, see § 111.99

§ 111.04 LICENSE TAX FOR WINE DISTRIBUTORS AND RETAILERS.

   (A)   By virtue of this section, there is hereby imposed an annual license tax upon distributors and retailers of wine within the city limits, and to such end, after the effective date of this section, no person may engage in business in the capacity of distributor or retailer of wine as provided by W. Va. Code Ch. 60, Art. 8, 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 license issued under this section as follows:

      (1)   Twenty-five hundred dollars per year for a distributor’s license; and

      (2)   One hundred fifty dollars per year for retailer’s license.

   (C)   The license period shall begin on July 1 of each year commencing with July 1, 1981, and ending on June 13 of the following year, 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 in 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 this section imposing the tax shall be certified by the Mayor to the state’s Alcohol Beverage Commission and to the Tax Commissioner.

   (F)   Pursuant to W. Va. Code 8-2-4, as last amended, the Clerk is hereby authorized and directed to cause notice of the proposed adoption of this section to be published as a Class 1 legal advertisement stating that a public hearing shall be held on the date, time, and place of the proposed final vote on adoption of this section.

(Ord. passed 8-3-1981) Penalty, see § 111.99

NONINTOXICATING BEER

§ 111.15 ANNUAL LICENSE REQUIRED OF ALL BREWERS AND DEALERS IN NONINTOXICATING BEER DOING BUSINESS IN THE CITY.

   Every person licensed by the state pursuant to the provisions of W. Va. Code Ch. 11, Art. 16 as a retailer, wholesaler, or brewer of nonintoxicating beer and who does business as such within this city shall pay to the city an annual license tax as provided in this subchapter. Upon the payment of each such annual license tax to the city the licensee shall be issued a city license corresponding to the state license, which shall be displayed at all times in a conspicuous place upon the premises thereby licensed. City licenses under this subchapter shall not be transferable.

(Prior Code, § 3-4)

Charter reference:

   Authority to prevent the illegal sale of intoxicating liquors, beer, and the like, see Charter § 30

Statutory reference:

   Authority of city to license dealers in nonintoxicating beer, see W. Va. Code 11-16-26

   Exclusion of nonintoxicating beer from State Liquor Control Act, see W. Va. Code 60-1-7

   For state Nonintoxicating Beer Act, see W. Va. Code 11-16-1 et seq.

§ 111.16 LICENSE TAX IMPOSED ON BREWERS AND DEALERS; LICENSE YEAR; CLASSES OF DEALERS AND AMOUNT OF TAX; FEE FOR ISSUANCE OF LICENSE.

   (A)   There is hereby levied and imposed an annual license tax upon all brewers and dealers in or of nonintoxicating beer within the city, which license period shall begin on July 1 of each year and end on June 30 of the following year, and if granted for a less period the same shall be computed quarterly in proportion to the remainder of the fiscal year as follows.

   (B)   (1)   Retail dealers shall be divided into two classes, Class A and Class B. In the case of a Class A retail dealer, the license fee shall be $85 for each place of business, or other amount deemed appropriate by the Municipal Court; the license fee for social, fraternal, or private clubs not operating for profit, and having been in continuous operation for two years or more immediately preceding the date of application, shall be $85, or other amount deemed appropriate by the Municipal Court.

      (2)   Class A licenses issued for social, fraternal, or private clubs as herein provided shall authorize the licensee to sell nonintoxicating beer at retail for consumption only on the licensed premises where sold. All other Class A licenses shall authorize the licensee to sell nonintoxicating beer at retail for consumption on or off the licensed premises.

      (3)   In the case of a Class B retailer, there shall be two types of a Class B license. The fee for a Class B license authorizing the sale of unchilled beer only shall be $15, or other amount deemed appropriate by the Municipal Court. The fee for a Class B license authorizing the sale of both chilled and unchilled beer shall be $85, or other amount deemed appropriate by the Municipal Court. A Class B license shall authorize the licensee to sell nonintoxicating beer at retail in bottles, cans, or other sealed containers only, and only for consumption off the licensed premises. Sales under this license to any person at any one time must be in less quantities than five gallons. Such license may be issued only to the proprietor or owner of a grocery store. For the purpose of this section, the term GROCERY STORE means and includes any retail establishment commonly known as a grocery store or delicatessen where food or food products are sold for consumption off the premises.

   (C)   In the case of a wholesaler, the license fee shall be $200 for each place of business, or other amount deemed appropriate by the Municipal Court.

   (D)   In the case of a brewer with its principal place of business located in this city, the license fee shall be $500 for each place of manufacture, or other amount deemed appropriate by the Municipal Court.

   (E)   In addition to the license fees provided in this section, there shall be an issuance fee of $0.50, or other amount deemed appropriate by the Municipal Court, payable to the City Clerk as compensation for his or her services, for each license issued by him or her pursuant to this section.

(Prior Code, § 3-5)

Statutory reference:

   Authority to tax the sale of nonintoxicating beer, see W. Va. Code 8-13-4 and 11-16-26

   State tax on dealers listed in this section, see W. Va. Code 11-16-9

§ 111.17 UNLAWFUL ACTS OF LICENSEES; PENALTIES.

   It shall be unlawful:

   (A)   For any licensee, his or her servants, agents, or employees to sell, give, or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer on weekdays between the hours of 2:00 a.m. and 7:00 a.m., or between the hours of 2:00 a.m. and 1:00 p.m. on any Sunday, except in private clubs licensed under the provisions of this subchapter, where the hours shall conform with the hours of sale of alcoholic liquors as provided in W. Va. Code Ch. 60;

   (B)   For any licensee, his or her servants, agents, or employees to sell, furnish, or give any nonintoxicating beer to any person visibly or noticeably intoxicated, or to any insane person, or to any habitual drunkard, or to any person under the age of 18 years;

   (C)   (1)   For any distributor to sell or offer to sell, or any retailer to purchase or receive, any nonintoxicating beer except for cash;

      (2)   Nothing herein contained shall prohibit a licensee from crediting to a purchaser the actual price charged for packages or containers returned by the original purchaser as a credit on any sale, or from refunding to any purchaser the amount paid or deposited for such containers when title is retained by the vendor;

   (D)   For any brewer or distributor, or his or her agents, to transport or deliver nonintoxicating beer to any retail licensee on Sunday;

   (E)   For any brewer or distributor to give, furnish, rent, or sell any equipment, fixtures, signs, or supplies directly or indirectly or through a subsidiary or affiliate to any licensee engaged in selling products of the brewing industry at retail, or to offer any prize, premium, gift, or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers; provided, that nothing contained herein shall prohibit a distributor from offering for sale or renting tanks of carbonic gas;

   (F)   For any licensee to transport, sells, deliver, or purchase any nonintoxicating beer or product of the brewing industry upon which there shall appear a label or other informative data which in any manner refers to the alcoholic content of such beer or product of the brewing industry, or upon the label of which there appears the word or words “strong”, “full strength”, “extra strength”, “prewar strength”, “high test”, or other similar expressions bearing upon the alcoholic content of such product of the brewing industry, or which refers in any manner to the original alcoholic strength, extract, or balling proof from which such beverage was produced, except that such label shall contain a statement that the alcoholic content thereof does not exceed 3.2% by weight;

   (G)   For any licensee to permit in his or her premises, any lewd, immoral, or improper entertainment, conduct, or practice;

   (H)   For any licensee, except the holder of a license to operate a private club issued under the provisions of this subchapter, to possess a federal license, tax receipt, or other permit entitling, authorizing, or allowing such licensee to sell liquor or alcoholic drinks;

   (I)   For any licensee to obstruct the view of the interior of his or her premises by enclosure, lattice, drapes, or any means which would prevent plain view of the patrons occupying such premises. The interior of all licensed premises shall be adequately lighted at all times; provided, that provisions of this division (J) shall not apply to the premises of a Class B retailer or to the premises of a private club licensed under the provisions of this subchapter;

   (J)   For any licensee to manufacture, import, sell, trade, barter, possess, or acquiesce in the sale, possession, or consumption of any alcoholic liquors on the premises covered by such license or on premises directly or indirectly used in connection therewith, provided, that the prohibitions contained in this division (J) with respect to the selling or possessing or to the acquiescence in the sale, possession, or consumption of alcoholic liquors shall not be applicable with respect to the holder of a license to operate a private club issued under the provisions of this subchapter;

   (K)   For any licensee to print, paint, or place upon the door, window, or in any other public place in or about the premises, the word “saloon” or word of similar character or nature, or for the word “saloon” or similar words to be used in any advertisement by the licensee;

   (L)   For any retail licensee to sell or dispense nonintoxicating beer purchased or acquired from any source other than a licensed distributor or brewer under the laws of this state;

   (M)   For any licensee to permit loud, boisterous, or disorderly conduct of any kind upon his or her premises or to permit the use of loud musical instruments if either or any thereof may disturb the peace and quietude of the community wherein such business is located; provided, that no licensee shall have in connection with his or her place of business any loudspeaker located on the outside of the licensed premises that broads, casts, or carries music of any kind;

   (N)   For any person whose license has been revoked, as in this subchapter provided, to obtain employment with any retailer within the period of one year from the date of such revocation, or for any retailer to employ knowingly any such person within such time;

   (O)   For any distributor to sell, possess for sale, transport, or distribute nonintoxicating beer except in the original container;

   (P)   For any licensee to permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of this state;

   (Q)   For any Class B retailer to permit the consumption of nonintoxicating beer upon his or her licensed premises;

   (R)   For any licensee, his or her servants, agents, or employees, or for any licensee by or through such servants, agents, or employees, to allow, suffer, or permit any person under the age of 18 years to loiter in or upon any licensed premises; except, however, that the provisions of this division (R) shall not apply where such person under the age of 18 years is in or upon such premises in the immediate company of his or her parent, or where and while such person under the age of 18 years is in, on, or upon such premises for the purpose of and actually making a lawful purchase of any items or commodities therein sold, or for the purchase of and actually receiving any lawful service therein rendered, including the consumption of any item of food, drink, or soft drink therein lawfully prepared and served or sold for consumption on such premises; or

   (S)   For any licensee to sell nonintoxicating beer to which wine, spirits, or alcohol has been added.

The word LICENSEE as used in this section shall mean any person paying a license tax to the city pursuant to this subchapter.

(Prior Code, § 3-6) Penalty, see § 111.99

Statutory reference:

   Related provisions, see W. Va. Code 11-16-13