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Navigating the complexities of acquiring a Retail Class B License for off-premises consumption in West Virginia requires a deep dive into the procedural intricacies set forth by the State's Alcohol Beverage Control Administration (ABCA). Located at the heart of these detailed processes is the WV ABCA Form, a pivotal document designed to streamline the application process for prospective licensees. This form, officially known as the Application for Retail Outlet License, Consumption Off Premises (ABCA – 192B), is accompanied by several critical documents – the Release of Information & Waiver of Confidentiality of Records (ABCA-Lic. RIWCR.2), a Floor Plan (ABCA-Lic.FP3) outlining the dimensions of the licensed premises, and a Zoning Form (ABCA-Lic.Z.2), among others. Applicants are mandated to type or print their responses in ink, ensuring all questions and descriptions are fully addressed. The thoroughness and accuracy of the information provided are key to avoiding delays in the processing of the application. Essential to the procedure are the payment of license fees, completion of Live Scan fingerprinting, and compliance with state and federal requirements, including those set by the WV Secretary of State and the Alcohol and Tobacco Tax and Trade Bureau. Furthermore, detailed stipulations govern the different license types, including those for Wine Retail, Wine Specialty Shop, and Beer (nonintoxicating beer) Curbside Delivery, each with specific prerequisites and operational guidelines. The successful navigation of this application process, underscored by the prompt submission of all necessary forms and adherence to designated requirements, paves the way for engaging in the retail sale of alcoholic beverages for off-premises consumption in West Virginia.

Wv Abca Example

STATE OF WEST VIRGINIA

DEPARTMENT OF REVENUE

ALCOHOL BEVERAGE CONTROL ADMINISTRATION

900Pennsylvania Avenue, 4th Floor Charleston, WV 25302

INSTRUCTIONS FOR COMPLETING APPLICATION FOR RETAIL CLASS B LICENSE-OFF PREMISES

PLEASE READ ALL THE INSTRUCTIONS CAREFULLY. ALL QUESTIONS ARE TO BE ANSWERED IN FULL. APPLICANT’S ACCURACY AND THOROUGHNESS IN COMPLETING THE APPLICATION FORM WILL ASSIST THIS OFFICE IN PROCESSING THE APPLICATION AND PREVENT UNNECESSARY DELAYS.

Please find enclosed:

1.) Application for Retail Outlet License, Consumption Off Premises, (ABCA – 192B)

2.) Release of Information & Waiver of Confidentiality of Records (ABCA-Lic. RIWCR.2)

3.) Floor Plan (ABCA-Lic.FP3), give dimensions of licensed premises

4.) Zoning Form (ABCA-Lic.Z.2)

APPLICANTS MUST TYPE OR PRINT, IN INK, ALL ANSWERES ON FORMS

INSTRUCTIONS

All questions and/or descriptions must be answered. The application must be signed and notarized. If any questions/description cannot be completed in the available space on the application, please submit additional pages as needed. Each additional page submitted must include entity name, DBA name, and indicate which question applicant is answering.

Applications must be completed correctly and all necessary paperwork included when mailed to the WVABCA. Failure to do so will result in the application being delayed and/or returned to the applicant for the necessary corrections.

LEASE – Applicants must provide a copy of a valid lease if not the property owner.

LICENSE FEES – License fees must be paid by Certified Check, Cashier’s Check or Money Order. Personal checks, business checks, or cash will not be accepted. Make payable to the WVABCA.

All retail licenses are valid from issue date to June 30th of the current licensing period. If applying for a license to be issued after December 31st, most license fees are semi-annually prorated to half the initial fee.

*An additional $100.00 Operational Fee is to be submitted with your application; and may be included with all fees in your Certified Check, Cashier’s Check or Money Order. This fee is non-prorated and non- refundable.

LIVE SCAN FINGERPRINTING – All applicants must complete a Live Scan Fingerprint in order to obtain a valid license. IdentoGO by Morpho Trust will provide fingerprinting services for all WVABCA license applicants. Contact IdentoGO at 855-766-7746 or online at http://uenroll.identogo.com for information on fingerprinting, locations, scheduling appointments, and fee requirements.

Fingerprint result reports MUST be sent to WVABCA directly from IdentoGO (Morpho Trust).

Please contact the WVABCA Licensing Department at 304-356-5500 to obtain the proper service code for the Live Scan Fingerprinting process.

NO REPORTS WILL BE ACCEPTED DIRECTLY FROM LICENSE APPLICANTS.

WV SECRETARY OF STATE – All Associations, Corporations, Limited Liability, Non-Profit Clubs, and Fraternal Organizations must be duly certified and registered with the WV Secretary of State.

INSTRUCTIONS FOR SIGNING:

a.) If an individual, by the owner

b.) If a partnership, by each member of the partnership (Copy of Partnership Agreement to be submitted to WVABCA)

c.) If an association, by each member of the governing board

d.) If a corporation, by all officers, or by other persons specifically authorized by corporate resolution (copy of resolution must be enclosed)

e.) If a limited liability company, by all members f.) Manager(s) must sign

All applicants must apply for a “Special Occupation Tax (TTB F 5630.5d)” with the Alcohol and Tobacco Tax and Trade Bureau. Form and instructions are available through download at the following website: http://www.ttb.gov/forms/f56305d.pdf or by calling the toll-free number at 1-800-937-8864.

WINE APPLICATIONSInformation pertaining to the requirements for some wine applications and licensure are described below:

Wine Retail ($150.00) – “Wine Retailer” means a person licensed to sell wine at retail to the public at his or her established place of business for off premise consumption.

Wine Specialty Shop ($250.00)-“Wine Specialty Shop” means a retailer who shall deal principally in the sale of table wine, non-fortified dessert wines, wine accessories and food or foodstuffs normally associated with wine and:

(a)who shall maintain representative number of such wines for sale in his/her inventory which are designated by label as varietal wine, vintage, generic and/or according to region of production and the inventory shall contain not less than fifteen percent vintage or vintage-dated wine by actual bottle count: (b) who, any other provisions of this code to the contrary notwithstanding, may maintain an inventory of Port, Sherry, Madeira wines having an alcoholic content not more than twenty-two percent alcohol by volume and which have been matured in wooden barrels or casks.

Wine Specialty Shop Curbside Wine Delivery ($250) – This license allows a licensed wine specialty shop in good standing, with a grocery store with $100,000 of fresh produce, saleable food and food products to deliver wine to vehicles in its parking lot. Please see additional requirements below:

Orders must be made in advance of pickup by a person 21 years of age or older, via a mobile application (app) or web-based software program.

Must be picked up at the licensed establishment while the vehicle is parked within a WVABCA approved designated parking area that is within 500 feet of the licensed Class B location.

The curbside delivery area must be designated by signs stating that the area is used solely for curbside delivery pickup.

The person picking up wine must be verified to be 21 years of age or older.

Wine Specialty Shop Tasting ($400.00) – This license is a combination of the Wine Specialty Tasting ($150.00) and the Wine Specialty Shop ($250.00) licenses. This license allows a wine specialty shop to serve complimentary samples of wine in moderate quantities for tastings. Such wine specialty shop shall organize a wine taster’s club, which has at least fifty duly elected members or approved dues-paying members in good standing. Such club shall meet on the wine specialty shop’s premises not more than one time per week and shall either meet at a time when the premises are closed to the general public or shall meet in a separate segregated facility on the premises to which

the general public is not admitted. Must have a Wine Specialty Shop license to obtain a Wine Specialty Shop Tasting License.

Wine Specialty Shop Sampling ($150.00) – This license allows a wine specialty shop to conduct special wine sampling events at a licensed wine specialty shop location during regular hours of business. The wine specialty shop may serve up to three complementary samples of wine, consisting of no more than one ounce each, to any one consumer in one day. Must have a Wine Specialty Shop license to obtain a Wine Specialty Shop Sampling License. Note: A Wine Specialty Shop ($250.00) may add Wine Specialty Shop Tasting ($150.00) = $400.00, or add the Wine Specialty Shop Sampling ($150.00) = $400.00, or add both for a combined total of $550.00.

Wine Specialty Shop (wine with gift basket) Delivery ($250) – This license allows a licensed wine specialty shop in good standing to deliver wine with a gift basket. Please see additional requirements below:

Wine must be delivered within the county where the licensed premises are located.

License may not be located within a “dry county” or “dry area”. Deliveries may not be made to a “dry area”. (See www.abca.wv.gov for a list of the dry counties and areas).

May not deliver to a private club, private wine restaurant, wine retailer, private wine bed and breakfast or private wine spa or any other locations where wine is offered for resale.

The person receiving wine must be twenty-one (21) years of age or older and must sign for delivery and must use wine for personal use and not for resale. No deliveries may be left without a signature.

Purchase at wine specialty shop must be made in-person (face-to-face) transaction. Note: Orders may not be made by telephone, electronic or web-based ordering.

The order must be delivered by an officer or employee of the wine specialty shop. No third-party deliveries may be made.

Each vehicle used by a Licensee must obtain a WVABCA transportation permit (see www.wvabca.wv.gov for this form) in order to transport wine.

Wine must be sealed and the delivery package must be labeled “Contains Alcohol: Signature of Person 21 or Older Required for Delivery”.

Wine Tasting “Farm Winery” ($150.00) – This License allows a farm winery to attend fairs and festivals they have listed on Wine Tasting at a Festival, Fair or Special Event (ABC-Lic.w.1) form, that has been submitted to and approved by the WVABCA Commissioner. The license allows the approved farm winery to provide samples served in moderate quantities, which serving size will not exceed two ounces and bottles of wine sold for off- premises consumption. All wines, Port, Sherry, or Madeira offered or sold at the fair or festival must be offered or sold by the farm winery which produced the product.

BEER APPLICATIONSInformation pertaining to the requirements for some beer (nonintoxicating beer Class B Retailer) applications and licensure are described below:

Beer (nonintoxicating beer) Curbside Delivery ($250) – This license allows a Class B beer (nonintoxicating beer) retailer in good standing, with a grocery store with $100,000 of fresh produce, saleable food and food products to deliver beer to vehicles in its parking lot. Please see additional requirements below:

Orders must be made in advance of pickup by a person 21 years of age or older, via a mobile application or web-based software program.

Must be picked up at the licensed establishment while the vehicle is parked within a WVABCA approved designated parking area that is within 500 feet of the licensed Class B location.

The curbside delivery area must be designated by signs stating that the area is used solely for curbside delivery pickup.

The person picking up the beer order must be verified to be 21 years of age or older.

BUSINESS CLOSURE

The license may not be abandoned, rented, leased, given, loaned, or sold to another. Upon sale or closure of the applicant’s business, the license must be returned to the WVABCA Licensing Division. Please include reason for closure, date business closed, and signature on back of license.

MAIL COMPLETED APPLICATION, FEES, AND REQUIRED ACCOMPANYING FORMS TO:

West Virginia Alcohol Beverage Control Administration

ATTN: Licensing Division

900 Pennsylvania Avenue, 4th Floor

Charleston, WV 25302

IF YOU HAVE ANY QUESTIONS OR NEED ASSISTANCE PLEASE CALL THE ADMINISTRATION AT 1- 800-642-8208 OR (304) 356-5500 AND ASK FOR THE LICENSING DIVISION.

CHECKLIST OF FORMS/PAPERS TO RETURN TO THE WVABCA, LICENSING DIVISION:

Application Form

Release of Information & Waiver of Confidentiality of Records

Copy of Valid Lease (if not owner)

License Fee(s)

Floor Plan

Zoning Form completed by applicant & municipality if within city limits or, Zoning Form completed by applicant & letter from County Commission if outside city limits

Copy of TTB form

Naturalization Papers (if applicable)

WEST VIRGINIA ALCOHOL BEVERAGE CONTROL ADMINISTRATION

ABCA – 192A

APPLICATION FOR RETAIL LICENSE

CONSUMPTION “OFF PREMISES”

Revised 05/19

CLASS B

FOR FISCAL YEAR ____________ TO _____________

COUNTY:

PLEASE CHECK ALL APPROPRIATE BOXES BELOW. BE SURE TO CHECK THE BOX(ES) BESIDE EACH (ALL) OF THE LICENSES FOR WHICH YOU ARE APPLYING.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A. WINE APPLICATION

 

B. BEER APPLICATION

 

 

C. APPLYING AS:

 

 

 

 

Wine Retail

$150

 

 

Carry-

 

 

 

 

(CHECK ONE)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wine Specialty

$250

 

 

out…………………………...$150

 

Individual

 

 

 

 

Wine Specialty/ Tasting

$400

 

 

Beer Curb Side Service……….

 

Partnership

 

 

 

 

Wine Specialty Gift Basket

 

 

 

………………………………$250

 

 

 

 

 

 

 

 

 

Limited Partnership

 

 

 

 

 

Delivery*…………………$250

 

 

 

*Beer Curbside Service (must have at least

 

 

 

 

 

 

 

 

 

 

Corporation

 

 

 

 

 

 

 

$100,000 in groceries)

 

 

 

 

 

 

Wine Sampling*

$150

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Association

 

 

 

 

Wine Tasting “Farm Winery”

$150

 

 

 

 

 

 

 

 

 

 

 

 

Operational Fee

 

 

Limited Liability Corporation

 

 

 

 

Wine Specialty Curbside

 

 

 

 

 

 

 

 

 

 

 

 

Operational Fee……………….. $100

 

 

 

 

 

 

 

 

 

 

 

 

Service……………………………...…………… $250

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* Wine sampling only available to Wine Specialty license holders.

 

*This is a non-refundable and non-

 

 

 

 

 

 

 

 

 

 

 

 

 

prorated fee to be paid with the filing of

 

 

 

 

 

 

 

 

 

 

 

*Wine with a gift basket Specialty Delivery (must also obtain

 

 

 

 

 

 

 

 

 

 

 

 

 

the application.

 

 

 

 

 

 

 

 

 

 

 

 

transportation permit).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*Wine Curbside Service (must have at least $100,000 in groceries)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Email (Required):

 

Fax Number:

 

 

WV TAX I.D./FEIN:

 

 

 

 

 

1.)

Applicant/Entity Name:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.)

Doing Business As (DBA) Name:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.)

Business Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(STREET)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(CITY)

 

 

 

(STATE)

 

 

 

(ZIP CODE)

(TELEPHONE)

 

 

 

 

 

 

4.)

Mailing Address (required):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(STREET)

 

 

 

 

 

 

 

 

 

 

 

 

(CITY)

 

 

 

(STATE)

 

 

 

(ZIP CODE)

(TELEPHONE)

 

 

 

 

 

 

5.) SUPPLY THE FOLLOWING INFORMATION ABOUT OWNER(S) AND/OR OFFICER(S) AND MANAGER(S).

 

 

 

 

 

 

 

 

 

 

 

 

 

US Citizen**

Title

Name

 

 

 

 

 

Residence Address, City, State and Zip code

% Ownership

Y/N

 

 

/

/

 

-

-

 

 

 

 

 

 

 

 

 

Date of Birth

Social Security Number

Telephone Number

YRS Resident of WV

 

 

 

 

 

 

 

 

 

 

 

 

Title

Name

 

 

 

 

 

Residence Address, City, State and Zip Code

% Ownership

Y/N

 

 

/

/

 

-

-

 

 

 

 

 

 

 

 

 

Date of Birth

Social Security Number

Telephone Number

YRS Resident of WV

 

 

 

 

 

 

 

 

 

 

 

 

Title

Name

 

 

 

 

 

Residence Address, City, State and Zip Code

% Ownership

Y/N

 

 

/

/

 

-

-

 

 

 

 

 

 

 

 

 

Date of Birth

Social Security Number

Telephone Number

YRS Resident of WV

 

 

 

 

 

 

 

 

 

 

 

 

Title

Name

 

 

 

 

 

Residence Address, City, State and Zip Code

% Ownership

Y/N

 

 

/

/

 

-

-

 

 

 

 

 

 

 

 

 

Date of Birth

Social Security Number

Telephone Number

YRS Resident of WV

 

 

 

 

 

 

 

 

 

 

 

 

Title

Name

 

 

 

 

 

Residence Address, City, State and Zip Code

% Ownership

Y/N

 

 

/

/

 

-

-

 

 

 

 

 

 

 

 

 

Date of Birth

Social Security Number

Telephone Number

YRS Resident of WV

 

**IF NATURALIZED US CITIZEN, MUST SUBMIT COPY OF NATURALIZATION DOCUMENTS. NON-CITIZENS MAY BE LISTED AS SHAREHOLDER, OWNER, OR DIRECTOR OF CORPORATION ONLY.

TITLE REFERS TO CORPORATE OFFICERS, PRESIDENT, VICE PRESIDENT, SECRETARY TREASURER, OR

MEMBER

6.) CRIMINAL HISTORY- THE FOLLOWING IS A RECORD OF ALL CONVICTED ARRESTS OF THE OWNERS, PARTNERS, OFFICERS, DIRECTORS, MEMBERS AND/OR MANAGERS. ATTACH ADDITIONAL PAGES IF NECESSARY. IF THERE HAVE BEEN NO ARRESTS

INSERT THE WORD “NONE”

NAME____ DATE OF ARREST__ CHARGE ___ DISPOSITION OF ARREST LOCATION OF COURT (COUNTY & STATE)

7.) STATE NAME AND ADDRESS OF ALL PERSONS HAVING TWENTY PERCENT (20%) OR MORE INTEREST IN THE APPLICANTS’ CORPORATION, ASSOCIATION, PARTNERSHIP, LIMITED PARTNERSHIP, AND/OR LIMITED LIABILITY COMPANY. STATE THE EXACT PERCENTAGE OF OWNERSHIP INTEREST FOR EACH PERSON LISTED. A TRUST

CANNOT HOLD A PERCENTAGE OF OWNERSHIP.

NAME

ADDRESS

__________

SOC. SEC. #

%OWNERSHIP

8.) HAS ANY OFFICER, MANAGER, OR 20% STOCK HOLDER EVER HELD OR CURRENTLY HOLD A WVABCA LICENSE?

YES NO IF YES, WHO? _____________________________________________________

DBA NAME? _________________________________________________________

WAS THE LICENSE: REVOKED

_______

DATE _______

SUSPENDED

_______

DATE _______

SANCTIONED _______

DATE _______

9.) OWNER OF PREMISES TO BE LICENSED (PROPERTY OWNER’S NAME) _______________

IF NOT PROPERTY OWNER, APPLICANT MUST HOLD A VALID LEASE (ATTACH COPY OF THE LEASE)

10.)DOES THIS LOCATION CURRENTLY HAVE A WVABCA LICENSE? YES NO IF YES, NAME OF LICENSED ESTABLISHMENT: _____________________________________

LICENSE #: __________________________________________

11.) ARE THE APPLICANT’S PREMISES LOCATED:

A. WITHIN AN INCORPORATED MUNICIPALITY OR WITHIN ONE MILE OF THE

CORPORATE LIMITS OF ANY MUNICIPALITY:

YES

NO

B.WITHIN ONE MILE OF THE CORPORATE LIMITS OF TWO OR MORE

MUNICIPALITIES:

YES NO

IF YES, NAME THE MUNICIPALITIES:

(1)

(2)

(3)

13.) WILL TOBACCO PRODUCTS BE SOLD AT THIS ESTABLISHMENT? YES

NO

14.) IS THE APPLICANT’S LOCATION READY FOR AN INITIAL INSPECTION? YES NO

IF NO, WHAT IS THE PROJECTED DATE FOR THE INITIAL INSPECTION? ______________

15.) ESTIMATED RETAIL SALES PER MONTH OF FOOD AND FOOD PRODUCTS (FOR THE TABLE): ______________________________________________

ESTIMATE BASED ON: ____________________________________________

16.) ON WHAT DAY (DATE) WAS THE “SPECIAL TAX REGISTRATION AND RETURN APPLICATION”

(TTB FORM) SUBMITTED TO THE ALCOHOL AND TRADE BUREAU? _________________

The undersigned agree, if a license is issued as herein applied for, to comply at all times and observe all the provisions of West Virginia

§§Chapter 11, Article 16 et seq., and Chapter 60, Articles 1 through 8 et seq., and all Federal and State Statutes and all other laws of this State and the rules and regulations promulgated by the Alcohol Beverage Control Administration. I or we certify under penalty of law and disqualification of licensure that all statements are true and complete. I or we release the State of West Virginia and any agent acting on its behalf from any and all liability due to the request for such information.

The undersigned hereby verify that we are all officers and all member of the board of directors on the application and that the statements and answers made in the foregoing application are true and the said writing is the act and deed of said Corporation, Limited Liability Company, Association, Individual, Partnership, Limited Partnership. OFFICERS, INDIVIDUAL, OR MEMBER(S) SIGNATURES MUST BE NOTARIZED! MUST

MATCH OFFICERS LISTED WITH THE SECRETARY OF STATE. MANAGERS MUST ALSO SIGN.

 

 

PRINT CLEARLY/ WRITTEN SIGNATURES REQUIRED

NAME:

 

 

TITLE:

 

 

 

SIGNATURE:

 

DATE OF SIGNATURE:

 

NAME:

 

 

TITLE:

 

 

SIGNATURE:

 

DATE OF SIGNATURE:

 

 

 

 

NAME:

 

 

TITLE:

 

 

SIGNATURE:

 

DATE OF SIGNATURE:

 

NAME:

 

 

TITLE:

 

 

SIGNATURE:

 

DATE OF SIGNATURE:

 

 

 

 

NAME:

 

 

TITLE:

 

 

SIGNATURE:

 

DATE OF SIGNATURE:

 

 

State of West Virginia,

 

 

 

 

 

County, To-Wit:

 

 

 

 

 

, being first duly sworn

 

according to law, deposes and says that he/she is

 

 

 

 

of the

 

 

 

 

President, Individual or Controlling Member(s)

 

 

 

 

, authorized by law to do business in the State of West Virginia, and that the

 

 

Business Entity

 

 

 

 

 

statements and answers made in the foregoing application are true and acknowledged the said writing to be the act and deed of said corporation.

STATE OF WEST VIRGINIA,

 

 

 

(Applicant Signature)

 

 

 

 

 

 

 

 

 

 

COUNTY OF

 

, to wit:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sworn to before me and subscribed in my presence this

 

day of

 

,

 

 

 

 

 

 

 

 

NOTARY PUBLIC

My Commission Expires:

SEAL OF NOTARY

West Virginia Alcohol Beverage Control Administration

Floor Plan

License period:

 

-

 

Applicant Entity Name:

Doing Business As (DBA) Name:

County:

Floor plan must include all areas under the control or lease of the applicant where alcohol is to be stored, sold, or consumed. All areas under control or lease of the applicant must be licensed.

SUBMIT (1) COPY TO WVABCA. MUST GIVE DIMENSIONS. KEEP (1) COPY AT LICENSED PREMISES.

*If there are attached drawings please check:

(Additional drawings must include entity & DBA name and must be signed and dated.)

Room or Outside Structure

(Width, Length) (Example: 24’ X 36’)

Located on What Floor

Seating Capacity

Location

(Serving, Kitchen, Storage, Etc...)

I or we hereby certify that the floor plan above and/or attached is the only area where alcoholic beverages will be sold, dispensed, consumed, and/or stored. And, I or we further understand that any violation of this provision will mean immediate revocation or suspension of my license.

Print:

Signature:

Title:

 

Date:

Print:

Signature:

Title:

 

Date:

Print:

Signature:

Title:

 

Date:

Print:

Signature:

Title:

 

Date:

Print:

Signature:

Title:

 

Date:

Form Specifications

Fact Description
Governing Body West Virginia Department of Revenue Alcohol Beverage Control Administration
Location 900 Pennsylvania Avenue,
Form Type Application for Retail Class B License - Off Premises
Accuracy Requirement Applicants are required to answer all questions fully and accurately to prevent delays.
Documentation Applicants must submit additional documentation such as a copy of a valid lease, floor plan, zoning form, and Release of Information & Waiver of Confidentiality of Records.
Payment Information License fees are to be paid by Certified Check, Cashier’s Check, or Money Order only. An additional $100 Operational Fee is also required.
Fingerprint Requirement All applicants must complete a Live Scan Fingerprinting through IdentoGO to obtain a valid license.
Special Occupation Tax Applicants must apply for a “Special Occupation Tax (TTB F 5630.5d)” with the Alcohol and Tobacco Tax and Trade Bureau.
License Validity Period All retail licenses are valid from the issue date to June 30th of the current licensing period.
Special Provisions for Wine and Beer Applications Details separate requirements for wine and beer retail licenses, including special licenses such as Wine Specialty Shop Tasting and Beer (nonintoxicating beer) Curbside Delivery licenses.
Governing Law West Virginia state laws and regulations regarding alcohol beverage control.

Guide to Filling Out Wv Abca

Filling out the West Virginia Alcohol Beverage Control Administration (WVABCA) application for a Retail Class B License for off-premises consumption involves a thorough process. The applicant's attention to detail and completeness in answering all required questions will significantly expedite the review and approval process. Delays or even the return of the application for corrections are common consequences of submissions that are inaccurate, incomplete, or improperly presented. Applicants are encouraged to ensure all information is correct, all necessary documents are enclosed, and that the application package is presented as required to avoid such setbacks.

  1. Ensure you have all parts of the application packet ready: Application Form (ABCA – 192B), Release of Information & Waiver of Confidentiality of Records (ABCA-Lic. RIWCR.2), Floor Plan (ABCA-Lic.FP3), and Zoning Form (ABCA-LIC.Z.2).
  2. Use ink to type or print all answers on the forms.
  3. Complete all sections of the application thoroughly; leave no question unanswered.
  4. If additional space is needed for any answer, attach extra sheet(s) and clearly indicate the question number being answered, as well as the entity and DBA name at the top of each additional page.
  5. Include a copy of a valid lease if the premises will be leased rather than owned.
  6. Prepare the license fee payment using a Certified Check, Cashier's Check, or Money Order payable to WVABCA. Personal checks, business checks, or cash payments are not accepted. Remember to include the additional $100.00 Operational Fee with your license fee.
  7. Complete the Live Scan Fingerprint process through IdentoGO (contact at 855-766-7746 or online) and ensure the fingerprint results are sent directly to the WVABCA from IdentoGO. Obtain the Service Code from the WVABCA Licensing Department for this process.
  8. If applicable, ensure your business, whether an association, corporation, limited liability company, non-profit club, or fraternal organization, is duly registered with the WV Secretary of State.
  9. Sign the application according to your business type:
    • Individuals: Signed by the owner
    • Partnerships: Signed by each partner (include a copy of the Partnership Agreement)
    • Associations: Signed by each member of the governing board
    • Corporations: Signed by all officers, or members authorized by a corporate resolution (include a copy of the resolution)
    • Limited liability companies: Signed by all members
    • Include signatures of manager(s) where applicable
  10. For applicants seeking a Special Occupation Tax registration, download, complete, and submit the TTB Form F 5630.5d available from the Alcohol and Tobacco Tax and Trade Bureau website or by calling their toll-free number.
  11. Select the appropriate license types for your operation from the options given and ensure all related fees are calculated correctly.
  12. Gather and attach any additional required documents such as the zoning form, floor plan, proof of lease (if applicable), and checklists of forms/papers to return.
  13. Mail the completed application packet, including all forms, required documents, and fees to the West Virginia Alcohol Beverage Control Administration, Licensing Division at the address provided in the instructions.
  14. If you have any questions or need further assistance during the application process, contact the WVABCA Licensing Division using the provided contact details.

Things You Should Know About Wv Abca

What forms and documents are required to apply for a Retail Class B License in West Virginia for off-premises alcohol sales?

To apply for a Retail Class B License in West Virginia for off-premises alcohol sales, the required forms and documents include the Application for Retail Outlet License, Consumption Off Premises (ABCA – 192B), Release of Information & Waiver of Confidentiality of Records (ABCA-Lic. RIWCR.2), a Floor Plan (ABCA-Lic.FP3) detailing the dimensions of the licensed premises, and a Zoning Form (ABCA-Lic.Z.2). Additionally, if the applicant is not the property owner, a copy of a valid lease must be provided. All forms must be completed accurately and in full to avoid delays in the application process.

Is there a fee associated with the application for a Retail Class B License, and how should it be paid?

Yes, there is a fee associated with applying for a Retail Class B License in West Virginia. The exact amount of the license fee depends on the type of application being submitted. Additionally, an operational fee of $100.00, which is non-prorated and non-refundable, must be submitted with the application. All fees must be paid by Certified Check, Cashier’s Check, or Money Order. Personal checks, business checks, or cash will not be accepted. Payments should be made payable to the WVABCA.

What is the validity period of a Retail Class B License?

All retail licenses in West Virginia are valid from the issue date to June 30th of the current licensing period. If an application for a license is submitted after December 31st, most license fees are semi-annually prorated to half the initial fee.

Are applicants required to undergo fingerprinting?

Yes, all applicants must complete a Live Scan Fingerprint process to obtain a valid license. Fingerprinting services are provided by IdentoGO by Morpho Trust. The fingerprint result reports must be sent directly to WVABCA from IdentoGO (Morpho Trust), and reports submitted by applicants themselves will not be accepted. Applicants must contact IdentoGO for information on fingerprinting, locations, scheduling appointments, and fee requirements.

What are the requirements for wine and beer applications included in the Retail Class B License?

Wine applications can include various types such as Wine Retail, Wine Specialty Shop, and Wine Tasting among others. Beer (nonintoxicating beer) applications can include a Class B Retailer License or a Beer Curbside Delivery license. Each type has specific requirements related to operational aspects, sales, and delivery conditions. For wine, depending on the license, maintaining a certain inventory of vintage wines may be required. For beer, requirements may include having a minimum amount of groceries available for curbside delivery services.

How should the application, fees, and required accompanying forms be submitted?

The completed application, along with the necessary fees and required accompanying forms, should be mailed to the West Virginia Alcohol Beverage Control Administration, ATTN: Licensing Division, 900 Pennsylvania Avenue, 4th Floor, Charleston, WV 25302. It is crucial to ensure that all aspects of the application and supporting documents are completed accurately to avoid delays.

Who should applicants contact if they have questions or need assistance with their application?

If applicants have any questions or need assistance with their application, they are encouraged to call the West Virginia Alcohol Beverage Control Administration at 1-800-642-8208 or (304) 356-5500 and ask for the Licensing Division. The administration is available to provide guidance and assistance throughout the application process.

Common mistakes

Filling out the West Virginia Alcohol Beverage Control Administration (WV ABCA) form can be a daunting task for many, especially because of the detailed nature and specific requirements set forth by the department. One common mistake made by applicants is not providing complete answers to all questions. The form expressly requires all questions to be answered fully to avoid processing delays. This oversight can occur simply because an applicant might overlook a question or assume that not all parts apply to them.

Another area where errors frequently occur is in the payment method for the license fees. The instructions are clear that only certified checks, cashier's checks, or money orders are acceptable. However, applicants sometimes mistakenly attempt to use personal or business checks, or even cash, which are not permitted. This results in the application being stalled until the correct form of payment is received.

Additionally, the requirement to submit a copy of a valid lease if the applicant is not the property owner is often overlooked. This document is crucial for the licensing process as it provides proof of the applicant's legal right to utilize the property for business purposes. Failing to include this can lead to significant delays.

The force of habit can also lead applicants to sign the form without the necessary notarization. The form specifies that it must be signed and notarized; without this, the application cannot be processed. This formality is a legal requirement that adds a level of verification to the submission, ensuring the authenticity of the signatory.

Live Scan Fingerprinting is required for all applicants, but some fail to arrange for the fingerprint result reports to be sent directly from IdentoGO to WVABCA. Attempting to submit these reports personally leads to non-compliance with the instructions, as reports are only valid if received directly from the providing service.

Furthermore, incorporating a detailed floor plan and zoning form is critical and often mishandled. Applicants must give dimensions of the licensed premises and confirm zoning compliance, respectively. Neglecting these details can render an application incomplete, as they are essential for operational and regulatory compliance.

Last but certainly not least, the failure to apply for a “Special Occupation Tax (TTB F 5630.5d)” with the Alcohol and Tobacco Tax and Trade Bureau catches many off guard. This federal requirement is sometimes overlooked by applicants, but it is crucial for the legal selling of alcohol at the retail level. As such, its absence can halt the entire licensing process.

  1. Not answering all questions fully.
  2. Using unacceptable payment methods for license fees.
  3. Omitting the copy of the valid lease when not the property owner.
  4. Forgetting to notarize the signed application.
  5. Failing to have Live Scan Fingerprint result reports sent directly from IdentoGO to WVABCA.
  6. Overlooking the inclusion of a detailed floor plan and zoning confirmation.
  7. Not applying for the Special Occupation Tax with the Alcohol and Tobacco Tax and Trade Bureau.

Understanding the intricacies of application requirements is vital for a smooth process. Each step outlined by the WVABCA is designed to ensure that applicants meet all legal, operational, and safety standards necessary for alcohol retailing. By addressing common mistakes before submission, applicants can greatly improve their chances for a timely and successful licensing outcome.

Documents used along the form

When diving into the process of obtaining or renewing a liquor license in West Virginia, you'll encounter several key forms and documents that go hand-in-hand with the WV ABCA form. Getting familiar with these documents can streamline your application process, ensuring you meet all legal requirements without unnecessary delays. Let's take a look at five critical documents you'll likely need along your journey.

  • Release of Information & Waiver of Confidentiality of Records (ABCA-Lic. RIWCR.2): This document allows the WV ABCA to access and review your records, providing them with necessary information to process your application. It's a form of consent from you, demonstrating your agreement to let the administration verify the details you've provided.
  • Floor Plan (ABCA-Lic.FP3): As part of your application, submitting a detailed floor plan of your premises is required. This plan should outline the dimensions and layout of the area where you intend to sell alcohol, helping authorities understand the space's suitability for your proposed operations.
  • Zoning Form (ABCA-Lic.Z.2): This form confirms that your business location complies with local zoning laws for selling alcohol. These laws vary by area, so it's crucial to check with your local zoning office to ensure your business location is zoned appropriately for an alcohol retail operation.
  • Special Occupation Tax (TTB F 5630.5d): Although this is a federal form, it's mentioned as a requirement for the WV ABCA application process. It pertains to the payment of federal excise taxes for businesses involved in the sale, manufacture, or warehousing of alcohol. You'll need to obtain and fill this form through the Alcohol and Tobacco Tax and Trade Bureau (TTB).
  • IdentoGO Live Scan Fingerprinting: While not a form, this requirement is crucial for completing your WV ABCA application. All applicants must undergo a background check via Live Scan Fingerprinting provided by IdentoGO. This process verifies your identity and checks your background for any issues that might disqualify you from holding a liquor license.

Navigating through these documents and requirements may seem daunting at first, but with a clear understanding and proper preparation, you can easily manage your liquor license application in West Virginia. Each document serves a specific purpose in verifying your eligibility and readiness to sell alcohol responsibly. By gathering and accurately completing these documents, you're not only complying with state laws but also paving the way for a smoother application process.

Similar forms

The WV ABCA form, designed for applications related to retail alcohol licenses for off-premises consumption, shares similarities with other regulatory documents and applications across a breadth of sectors. Each comparable form serves a similar purpose in its respective field - to ensure compliance with state laws, to gather detailed information about the applicant, and to facilitate a regulatory or licensing process.

Comparable to the Federal Alcohol and Tobacco Tax and Trademark (TTB) application forms, the WV ABCA form requires applicants to provide extensive personal and business information, similar to what's needed when applying for federal permits involving the sale, manufacturing, or importation of alcohol and tobacco. The necessity for detailed information ensures that businesses comply with federal laws, analogous to state-level compliance enforced through the WV ABCA form.

Akin to state-level business licensing applications, the WV ABCA form requires disclosure of ownership, location details, and operational specifics. Such applications typically require similar disclosures to ascertain the legality and legitimacy of a business operation, emphasizing the protection of public interest and compliance with local regulations.

Like zoning permit applications, the WV ABCA form necessitates the submission of a floor plan and zoning form. These documents verify that the business location complies with local zoning laws, paralleling how zoning applications ensure land and buildings are used in accordance with municipal planning and development regulations.

Similar to Health Department permits required for restaurants and food service businesses, the WV ABCA’s emphasis on operational details (like the layout and location) focuses on public safety and compliance with health standards. Health permits ensure that establishments handling food adhere to safety and sanitation standards, much as the WV ABCA form does for alcohol retail outlets.

Comparatively, the Live Scan Fingerprinting requirement of the WV ABCA form mirrors background check protocols found in forms for professions requiring high trust, such as in education or healthcare. These measures ensure that individuals in sensitive positions or industries are vetted for criminal history, safeguarding public welfare.

Resembling applications for Special Occupational Taxes (like the TTB F 5630.5d), the WV ABCA form’s requirement for an Operational Fee addresses the financial obligations businesses must meet to operate legally. Both types of applications ensure that entities contribute fiscally to the regulatory framework that governs their operations.

Similar to e-commerce licenses, the WV ABCA form's provisions for curbside delivery and online ordering reflect modern business practices, ensuring regulatory frameworks remain relevant in the digital age. E-commerce licenses also adapt regulations to online sales, emphasizing the need for legality and consumer protection in virtual transactions.

Matching the structured and detailed application process of a building permit, the WV ABCA form’s emphasis on precise information, like floor plans and zoning compliance, ensures every aspect of the physical establishment meets specific regulatory standards. This meticulous attention to detail ensures the safety, functionality, and legal compliance of the establishment's infrastructure.

Finally, the WV ABCA form shares similarities with the Non-Profit Liquor License applications used by charities and non-profit organizations seeking to serve alcohol at events. Both forms scrutinize the applicant’s intentions and operational details to ensure compliance with laws aimed at preventing abuse and ensuring public safety.

Dos and Don'ts

When navigating the waters of the West Virginia Alcohol Beverage Control Administration (WVABCA) application for a Retail License Consumption "Off Premises", precision and attention to detail can make the voyage smooth and efficient. To ensure a favorable outcome, here are foundational guidelines to follow and pitfalls to avoid.

Do:

  1. Read all instructions carefully before beginning the application. This attentiveness will prevent unnecessary delays by ensuring all required information is complete and correctly submitted the first time.
  2. Ensure the application is typewritten or printed in ink to maintain clarity and legibility. This step is vital for the WVABCA to process your application efficiently.
  3. Include all necessary paperwork when mailing in your application. Incomplete submissions can significantly delay the processing time or result in the application being returned.
  4. Pay all fees with the appropriate method, such as Certified Check, Cashier’s Check, or Money Order. Remember, these payments should be made payable to the WVABCA and include the non-refundable operational fee.

Don't:

  1. Overlook the requirement for Live Scan Fingerprinting. All applicants must complete this step to obtain a valid license. Ensure fingerprints are sent to WVABCA directly from IdentoGO.
  2. Submit personal checks, business checks, or cash for license fees. These payment methods will not be accepted, which could delay the processing of your application.
  3. Forget to sign the application. An unsigned application is incomplete and will be returned. Make sure the correct party signs as per the instructions for your entity type.
  4. Ignore zoning and floor plan requirements. A clear and detailed floor plan, alongside the appropriately completed zoning form, is critical for meeting WVABCA regulations.

Adherence to these dos and don'ts can drastically streamline your WVABCA licensing process, leading to a more straightforward path to compliance and operational success. Hitting all the right notes on your application not only demonstrates professionalism but also your commitment to following state guidelines meticulously..

Misconceptions

When navigating the complexities of the WV Alcohol Beverage Control Administration (ABCA) form, it's vital to dismantle prevalent misconceptions that could affect the application process for a Retail Class B License. Each point of confusion carries the potential to delay or complicate an applicant's journey towards obtaining a license.

  • Personal checks are accepted for fee payment: This is incorrect. As explicitly stated in the instructions, only Certified Check, Cashier’s Check, or Money Order are accepted forms of payment. Personal and business checks, as well as cash, are not permitted.

  • Applications can be submitted without being notarized: False. The application requires notarization before submission. This step verifies the identity of the signatory, adding a level of legality and formality to the document.

  • All businesses are eligible for the license irrespective of location: This is not true. The form clearly mentions that licenses cannot be granted for premises located within "dry" counties or areas.

  • Fingerprinting is optional: Incorrect. Live Scan Fingerprinting is mandatory for all applicants to ensure a thorough background check. The instructions mandate that the fingerprint result reports must be sent directly from IdentoGO to the WVABCA.

  • Applications can be approved without a valid lease or proof of property ownership: This conception is wrong. Applicants must provide a copy of a valid lease if they do not own the property. This document is essential to confirm the legitimacy of the business location.

  • License fees are prorated throughout the licensing period: Misleading. While most license fees are semi-annually prorated if applying after December 31st, the $100.00 Operational Fee is neither prorated nor refundable, regardless of the license issue date.

  • Wine deliveries can be made to any individual or location: This is incorrect. There are strict guidelines concerning wine deliveries, including that the recipient must be 21 or older and sign for the delivery, and deliveries cannot be made to "dry" areas or for resale purposes.

  • Electronic or web-based orders for specialty wine deliveries are permitted: False. The guidelines stipulate that orders for wine specialty shop (with a gift basket) delivery must be made in-person through a face-to-face transaction.

  • Submitting additional documentation is unnecessary: This is incorrect. If any question or description cannot be completed in the available space on the application, additional pages must be submitted. Each additional page must include the entity name, DBA name, and indicate which question the applicant is answering.

Dispelling these misconceptions is crucial for a smooth and successful application process. Applicants should carefully follow the instructions provided and ensure all required information and documents are accurately and fully completed to avoid unnecessary delays.

Key takeaways

When filling out the WV ABCA form for obtaining a retail license concerning alcohol sales for off-premises consumption, applicants must follow certain procedures and requirements carefully to ensure smooth processing and to avoid any potential delays. Here are key takeaways to assist in this process:

  • All sections of the application must be fully completed with accurate and truthful information. Applicants are encouraged to type or print in ink when filling out the form.
  • The application, along with any additional required documents, must be signed and notarized to validate the provided information.
  • For questions or sections that require more detail than the space allows, additional pages can be included with the application. These pages must clearly indicate the entity name, DBA (Doing Business As) name, and reference the specific question being answered.
  • An application will face delays or potentially be returned if it is incomplete or if the necessary paperwork is not properly submitted. This includes making sure that all forms are correctly filled and that any required fee is paid with the appropriate method.
  • The application process necessitates the payment of license fees through certified checks, cashier’s checks, or money orders only, made payable to the WVABCA. Additionally, an operational fee of $100.00, which is non-refundable and non-prorated, is required at the time of submission.
  • Applicants must undergo Live Scan fingerprinting as part of the background check process. This must be completed through IdentoGO, and the results are to be sent directly to the WVABCA by the service provider.
  • Businesses such as associations, corporations, limited liability companies, and non-profit organizations must also be duly registered with the WV Secretary of State and provide proof of this certification.
  • A variety of license options are available depending on the nature of the business, including those for wine retail, wine specialty shops, and options for curbside delivery and wine tasting events. Each comes with its own fee structure and specific requirements.
  • Upon the sale or closure of the business, the license issued by the WVABCA must be returned along with an explanation for the closure and the date on which the business ceased operations.

Adherence to these guidelines will help ensure that the application process is completed efficiently and without unnecessary setbacks. For further assistance, applicants are encouraged to contact the WVABC Administration directly.

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