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Ex. WV-074 Order Primary source read

Administrative Notice for 175 CSR 4 (filed with the Secretary of State)

Authorization of off-premises beer and wine sales by Class A on-premises licensees closed to on-premises consumption under EO 2-20; temporary suspension of 175 CSR 4 sec. 6.6.b

West Virginia Alcohol Beverage Control Administration (Commissioner Fredric L. Wooton), at the direction of the Governor · West Virginia (Sector regulator)

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The record

Jurisdiction
West Virginia
Level
Sector regulator
Authority
Proclamation of Mar. 16, 2020 (delegation to agencies); EO 2-20; W. Va. Code 15-5-6(c)(7) [as cited]; W. Va. Code 11-16-1 et seq.; 60-8-3; 175 CSR 4 sec. 6.6.b (suspended in part)
Issued
2020-03-18 Mar. 18, 2020
Effective
2020-03-18
End
For 'the entire period of the State of Emergency which was declared on March 16, 2020 unless earlier terminated'
In force
Mar. 18, 2020 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureAlcohol and bars
Addressees
  • all Class A licensees (taverns, private clubs, private wine restaurants)
Functions reached
  • BA bar and alcohol service (on-premises barred; sealed-container take-away only, no delivery)
  • TO takeout
Collection
West Virginia WV

Operative words

As of 12:00 A.M. on March 18, 2020, the 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 only take-away orders... the WVABCA hereby advises that... all Class A licensees... are authorized to sell nonintoxicating beer at retail for consumption 'off' the licensed premises... The sale of such nonintoxicating beer or 'beer' for off-premises consumption shall be only in sealed original containers, such as bottles or cans... This does not authorize beer deliveries by the licensee or third parties to consumers.... the Governor suspends 175 CSR 4 6.6.b... [permitting sale of] sealed, never consumed bottles of wine for off premises consumption to customers who have purchased food or a meal provided that no more than one bottle per each person twenty-one years of age or older...

Enforcement

ABCA licensing and rule

Notes

The regulator's own statement of the March 18, 2020 closure; the one-bottle-per-adult limit and the no-delivery rule are the conditions of the only alcohol trade left to bars.

Retrieval note

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