Department of Tax and Revenue Alcoholic Beverage Control Administration 900 Pennsylvania Avenue, Fourth Floor Charleston, West Virginia 25302 304-356-5500 (phone) http://www.abca.wv.gov West Virginia State Tax Department Revenue Division 1001 Lee Street E. Charleston, West Virginia 25301-1725 304-558-3333 (phone) http://www.tax.wv.gov West Virginia Secretary of State 1900 Kanawha Boulevard East Building 1, Suite 157-K Charleston, West Virginia 25305 304-558-6000 (phone, main number) 304-558-8000 (phone, Business & Licensing) 304-558-0900 (fax) http://sos.wv.gov/

Note: This section summarizes the temporary changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. 17.7.1 Off-Premise Sales by Restaurants On March 18, 2020, the WV Governor directed all bars and restaurants to cease all on-premises consumption of food or drink or occupancy of their licensed premises, other than picking up food or drink for take-away orders only. Under existing WV laws and regulations, all on-premise licensees (all taverns, all private clubs including fraternal licensees, and private wine restaurants licensed for beer sales) have the license privilege of selling nonintoxicating beer at retail with take-away food orders for consumption off the licensed premises. The sale of beer for off-premises consumption may be made only in[…]

15.9.1 Wine Sampling at Wine Shops Only wine shop specialty licensees can sample wine and then only if they have obtained a wine sampling license. The cost is $150.00 a year. The retail licensee must notify the Alcoholic Beverage Control (ABC) Administration in writing at least one (1) month in advance of any tasting event on the form designated for the purpose, which can be downloaded from the ABC Administration website. Samples are limited to a maximum of three (3) one ounce (1 oz.) samples per person per day. No event may exceed six (6) hours per day. Any wholesaler or supplier representatives attending a tasting event must be licensed by the Administration. Retail licensees must purchase all wines used[…]

14.1 Direct Sales and Shipments to Consumers Note: This information applies to wine only. There are no provisions that would allow the shipment of any other class of alcoholic beverages directly to a West Virginia resident. An adult resident, duly licensed winery, farm winery, supplier, retailer or distributor of alcoholic beverages in a state or nation that offers adult residents, licensed retailers and distributors of West Virginia reciprocal shipping privileges may ship wine to adult residents of West Virginia under the following conditions: A Direct Shipper’s license is required. Prior to shipping wine direct to any West Virginia resident, the direct shipper must submit an application for the license, on forms prescribed by the Alcoholic Beverage Control (ABC) Administration, together[…]

Permitted. A manufacturer may sell equipment, supplies, and fixtures to retail licensees as long as they are sold at current market value. Manufacturers may not offer such items at a special price. [WV Regulations, Title 175, Section 175-1-5, Subsection 5.4(b) and Section 175-4-13, Subsection 13.4.d.] Beer distributors may offer, for sale or rent, tanks of carbon dioxide gas to retailers and may, independently or through a subsidiary or affiliate, furnish, sell, install, or maintain draught line equipment, supplies, and cleaning services to a licensed retailer so long as the furnishing or sale of draught line services is negotiated at no less than direct cost. A beer distributor may furnish, rent, or sell equipment, fixtures, signs, services, or supplies directly or[…]

Permitted under federal guidelines. Refer to Title 27 CFR Part 6.99 of the federal regulations for details. West Virginia regulations specifically state that a manufacturer may not touch, or disturb in any way, the product or displays of another manufacturer. [WV Regulations, Title 175, Section 175-4-13, Subsection 13.7.] Beer distributors may offer, for sale or rent, tanks of carbon dioxide gas to retailers and may, independently or through a subsidiary or affiliate, furnish, sell, install, or maintain draught line equipment, supplies, and cleaning services to a licensed retailer so long as the furnishing or sale of draught line services is negotiated at no less than direct cost. A beer distributor may furnish, rent, or sell equipment, fixtures, signs, services, or[…]

Brewers and beer distributors may sponsor professional or amateur athletic events and provide prizes or awards for participants and winners in any event except when a majority of the athletes participating in the event are minors, unless specifically authorized by the commissioner. [OK Law, Chapter 11, Article 16, Section 11-16-18(a)(5) and (6).]

Advertising also is allowed for wine in billboards, newspapers, magazines and similar publications, internet or other electronic media, and radio and television.[WV Regulations, Title 175, Section 175-4-12, Subsection 12.2.] The Commissioner is allowed to promulgate rules restricting the content of wine advertising so as to prohibit false or misleading claims, or depictions or descriptions of wine being consumed irresponsibly or immoderately, or advertising presentations designed to appeal to persons below the legal drinking age. The Commissioner shall not promulgate any rule which prohibits the advertising of a particular brand or brands of wine and the price thereof, or which prohibits or restricts the advertising medium used. However, the price shall not be advertised in a medium of electronic communication subject[…]

16.1.1 Wine Permitted at on-sale licensed premises. No statutory or regulatory provisions noted limiting the size of inside signs. [WV Regulations, Title 175, Section 175-1-5 Subsection 5.4.a.2.] 16.1.2 Malt Beverages Permitted. The combined area for all signage for any single brand may not exceed a maximum of two thousand two hundred (2200) square inches. This includes crepe paper or other background or decorative materials, signs, posters, placards or similar advertising matter. [WV Regulations, Title 176, Section 176-1-7 Subsection 7.1.b.] Brewers and beer distributors may provide retailers with indoor electronic or mechanical signs of a nominal value up to $25.00 each. [OK Law, Chapter 11, Article 16, Section 11-16-18(a)(5).]

15.16.1 Entertainment of Retailers West Virginia statutes and regulations are silent on this issue. Therefore, IRS guidelines and your company policy should apply. 15.16.2 Prohibition on Inducement by Brewers and Beer Distributors It is unlawful for brewers and beer distributors to offer any prize, premium, gift, or other similar inducement, except as provided in Subsection (a)(5) of Section 11-16-18. [OK Law, Chapter 11, Article 16, Section 11-16-18(a)(5).]