West Virginia

The West Virginia Alcohol Beverage Control Administration (WVABCA) is a state agency under the West Virginia Department of Revenue. Wine is distributed by private wholesalers and retailers. The WVABCA conducts wholesale sale of spirits, while the retail sale of spirits is privately owned and provided by retail liquor outlet stores.

Definitions (§60-8-2. Definitions.):

“Fortified wine” means any wine to which brandy or other alcohol has been added where the alcohol content by volume does not exceed 24 percent, and includes nonfortified dessert wines where the alcohol content by volume is greater than 17 percent and does not exceed 24 percent.

“Nonfortified dessert wine” means a wine that is a dessert wine to which brandy or other alcohol has not been added, and which has an alcohol content by volume of at least 14.1 percent and less than or equal to 17 percent.

“Table wine” means a wine with an alcohol content by volume between 0.5 percent and 14 percent.

“Wine” means any alcoholic beverage obtained by the natural fermentation of the natural content of grapes, other fruits, or honey or other agricultural products containing sugar to which no alcohol has been added and includes table wine, hard cider, nonfortified dessert wine, wine coolers, and other similar wine-based beverages. Fortified wine and any product defined as or contained within the definition of nonintoxicating beer under the provisions of §11-16-1 et seq., of this code are excluded from this definition of wine.

Laws & Rules:

• WV Code Chapter 60. State Control of Alcoholic Liquors.
• WV ABCA’s Legislative Rules
• Beer & Wine Tax Information
• ABCA Legislation 

Required:  Yes

Name:  Certificate of Registration as a WV Non-Resident Wine Supplier

Fee:  $150, plus $100 Operational Fee

Expiration:  June 30th of each year

Bond:  Not required as of May 10, 2021.

Secretary of State Registration:  Required

A “supplier” means any manufacturer, producer, processor, winery, farm winery, national distributor or other supplier of wine which sells or offers to sell or solicits or negotiates the sale of wine to any licensed West Virginia distributor.

Additional requirements for this license include:

• Affidavit of compliance required of distributors and suppliers.
• A $10,000 bond and Power of Attorney Resolution w/ affixed Seals. Both must be notarized and issued on the same day.
• A Certificate of Authority from the West Virginia Secretary of State.
• A copy of West Virginia business license registration

Legislation (SB 511) effective June 5, 2019, requires an additional $100 Operational Fee to be paid by Wine Supplier license holders each year. The operational fee is non-prorated and non-refundable.

The requirement to post a $10,000 bond was eliminated and replaced with an “Affidavit of Compliance” requirement, effective May 10, 2021. Pursuant to section §60-8-29 each applicant for a supplier’s license shall furnish at the time of application an affidavit of compliance with federal and state laws regarding tied house laws, trade practice requirements, and furnishing things of value requirements set forth in the code and the rules. Failure to remit taxes or otherwise maintain good standing with state agencies may be cause for suspension or revocation of the licensee’s license.

Resources:

• Wine Supplier Licensing Packet
• Application for Certificate of Authority (file online)

Required:  Yes

Fee:  $100 per brand

Approval:  2-3 weeks

Expiration:  3 years from date of approval

Revision Required:  COLA change

The $100 fee is per brand, regardless of the number of labels registered under each brand.

Complete Form ABCC-WS-1-D, one brand per application, attach COLAs and color copies of labels for the designated brand, and a copy of supplier-distributor agreement.

Resources:

• Brand Registration Application & Instructions

Franchise Law:  No

Exclusive Territories:  Prohibited

It is unlawful for a supplier or manufacturer to enter into any exclusive franchise agreement with any distributor whereby any such distributor is given the exclusive right within this state or in any given territory within this state to distribute the product or products of such manufacturer. All agreements between a supplier or manufacturer and a distributor must be in writing and filed with the commissioner.

All agreements must provide for termination of either party provided that notice of termination is provided in writing and by certified mail to the commissioner and all parties to the agreement ninety days prior to the termination date. Once the notice has been received by either party, the distributor shall: (1) Use the ninety-day period to deplete such distributor’s affected wine inventory; or (2) reach some agreement with the manufacturer, winery, farm winery or supplier to return unused salable wine inventory or receive payment for unused salable wine inventory. No new distributor shall be appointed until the conclusion of the ninety days or as the parties have otherwise agreed to complete the termination (WV Code 60-8-30).

Resources:

• WV Code §60-8-30. Exclusive franchise agreements prohibited.

Required:  Yes

Name:  West Virginia Wine Suppliers Report

Due Date:  Monthly, by the 15th

Registered Wine Suppliers must pay the Wine Liter Tax. A supplier must file a monthly report with the West Virginia Department of Tax and Revenue and pay the the Wine Liter Tax. The report may be filed electronically.

A copy of the return and invoice report must be sent to the WVABCA.

Resources:

• West Virginia Wine Suppliers Report
• Instructions Wine Suppliers Report

Available:  Yes

Fee:  $100

Expiration:  June 30th of each year

Every supplier must have at least one licensed sales representative in order to solicit orders in the state. A letter on company letterhead stating that the representative is authorized to represent the company must accompany the license application.

Resources:

• Wine Representative Packet

License:  Not Allowed

There are no statutory or regulatory provisions allowing an out-of-state winery to self-distribute.

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