CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-1. Office created; powers and functions generally; office of
liquor control commissioner abolished and powers
To accomplish the purposes of this chapter there is hereby
created the office of West Virginia alcohol beverage control
commissioner. The commissioner shall have and is hereby granted
all of the powers and authority and shall perform all of the
functions and services heretofore vested in and performed by the
West Virginia liquor control commissioner. The office of the West
Virginia liquor control commissioner is hereby abolished. Wherever
in this chapter and elsewhere in law reference is made to the West
Virginia liquor control commissioner or liquor control commission
such reference shall henceforth be construed and understood to mean
the West Virginia alcohol beverage control commissioner. All parts
and provisions of this chapter rendered meaningless and
inapplicable by the provisions hereof are hereby modified and
amended so that the provisions of this chapter will be consistent
and harmonious in their entirety.
§60-2-2. Appointment of commissioner.
The commissioner shall be appointed by the governor, with the
advice and consent of the Senate, and shall devote his entire time
to the duties of his office.
§60-2-3. Term of office; vacancy.
The commissioner shall be appointed for a term of four years
and any appointment to fill a vacancy shall be for the unexpired
Acts, 1991 Reg. Sess., Ch. 118.
Acts, 1991 Reg. Sess., Ch. 118.
Acts, 1991 Reg. Sess., Ch. 118.
§60-2-7. Oath and bond.
Before entering upon the duties of the office, the
commissioner shall take and subscribe to the oath prescribed by
section 5, article IV, of the constitution of this state, and shall
give bond in the penalty of twenty-five thousand dollars, to be
approved by the governor and conditioned upon the faithful
performance of the duties of the office and the accounting for and
payment into the treasury of all moneys coming into the
commissioner's custody by virtue of the office. The bond and oath
shall be filed with the secretary of state.
Acts, 1991 Reg. Sess., Ch. 118.
WVC 60 - 2 - 9
§60-2-9. Salary and expenses.
The commissioner shall receive an annual salary as provided in
section two-a, article seven, chapter six of this code, and shall
be paid actual and necessary traveling expenses incurred in
performance of the official duties of the office.
WVC 60 - 2 - 10
Acts, 2003 Reg. Sess., Ch. 69.
WVC 60 - 2 - 11
§60-2-11. Powers and duties.
The alcohol beverage control commissioner shall have the
following powers and duties and any and all other powers and duties
reasonably necessary and convenient for the purpose of this
(1) Exercise general supervision of, and make rules and
regulations for, the management of his or her agency;
(2) Sign and execute in the name of the commissioner any
contract or agreement authorized by this chapter;
(3) Supervise the fiscal affairs and responsibilities of the
(4) With the approval of the governor, acquire title to and
purchase real estate containing 12.168 acres situate on River Road
in the Hub Industrial Park, Nitro, Putnam County, which real estate
is improved by block and steel building containing approximately
one hundred fifty thousand (150,000) square feet, formerly known as
the Heck's warehouse, for a sale price not to exceed two million,
two hundred fifty thousand dollars ($ 2,250,000.00);
(5) With the approval of the governor and the board of public
works, sell, in part or in whole, the real estate containing 12.168
acres and a warehouse situate on River Road in the Hub Industrial
Park, Nitro, Putnam County, for a sale price of at least the
appraised fair market value and upon terms the commissioner
determines to be in the best interest of the state of West
(6) With the approval of the governor and the board of public
works, and upon the sale of real estate containing 12.168 acres and
a warehouse situate on River Road in the Hub Industrial Park,
Nitro, Putnam County, acquire title to and purchase, upon terms the
commissioner determines to be in the best interest of the state of
West Virginia, real estate containing a replacement warehouse of a
size and in a location that the commissioner determines meets the
storage needs of the agency;
(7) Keep a complete and accurate record of all proceedings,
record and file all bonds and contracts taken or entered into and
assume responsibility for the custody and preservation of all
papers and documents pertaining to the commissioner;
(8) Purchase or lease as provided by law all equipment
necessary for the conduct of the agency;
(9) Report to the governor each year all information relative
to the operation and functions of the agency. The commissioner
shall make such other reports and recommendations as may be
required by the governor;
(10) Exercise any other power that may be necessary or proper
for the orderly conduct of the business and the effective discharge
of the duties of the commissioner; and
(11) Invoke any legal or equitable remedies for the
enforcement of the orders of the commissioner or the provisions of
§60-2-12. Assistants and employees.
The commission shall appoint or employ such assistants and
employees as may be necessary to the efficient operation of the
department and fix their salaries. All assistants and employees
shall be appointed or employed to serve during the will and
pleasure of the commission.
§60-2-13. Bonds of employees.
The commission shall require every employee who collects fees
or handles funds, or who has custody of equipment, supplies, and
other property belonging to the state, to take the oath prescribed
by section 5, article IV of the state constitution; and the
commission shall require to be furnished by every employee, or
shall itself obtain, a bond, insurance policy, indemnity contract,
or other contract, protecting and indemnifying the state against
any and all loss or damage that may be occasioned by the failure of
the employee faithfully to perform the duties pertaining to his
employment, and to account for, pay over and deliver to the proper
officer or agent of the commission or state all moneys and other
property which may come into his custody or under his control by
virtue of his employment. Such bond, insurance policy, indemnity
contract, or other contract, shall be in such form, and in such
sum, and with such security, as may be prescribed or approved by
the commission, and may cover any one employee or any number of
employees. The premiums for all such bonds, insurance policies,
indemnity contracts, or other contracts, shall be paid by the
§60-2-14. Authority to grant and revoke licenses.
The commission shall have the authority to grant and revoke
licenses as provided in article four of this chapter.
§60-2-15. Regulation of advertising.
The commission shall prescribe regulations governing the
advertising of alcoholic liquors in this state. The regulations
shall prohibit advertising that encourages intemperance, induces
minors to purchase, or tends to deceive or misrepresent.
§60-2-16. Rules and regulations.
The commission shall have the power to prescribe rules and
regulations to give effect to the powers vested in it by this
chapter. Rules and regulations shall be recorded in a book
especially kept for that purpose, and in its discretion may be
published for general circulation. All other records and entries
necessary to show the official conduct of the commission shall be
preserved and shall be public records and open for inspection
during business hours.
§60-2-17. Powers and duties exercised by employees.
All powers and duties vested in the commission, except the
power to sign contracts, may be exercised by the appointees or
employees of the commission under its direction; but the commission
shall be responsible for their acts.
§60-2-18. Hearings and proceedings.
In all hearings and proceedings before the commission, the
evidence of witnesses and the production of documentary evidence
may be required. Summons may be issued by it for appearance at any
designated place of hearing. In case of disobedience to a summons
or other process, the commission or any party to the proceedings
before the commission may invoke the aid of any circuit court in
requiring the evidence and testimony of witnesses and the
production of papers, bonds and documents. Upon proper showing,
the court shall issue an order requiring witnesses to appear before
the commission, produce all books and papers, and give evidence
touching the matter in question. Any person failing to obey the
order may be punished by the court as for contempt. A claim that
evidence may tend to incriminate the person giving the evidence
shall not excuse him from testifying, but he shall not be
prosecuted for any offense concerning which he is compelled to
§60-2-19. Legal services.
The attorney general and the prosecuting attorneys of the
several counties shall render to the commission, without additional
compensation, such legal services as it may require of them in the
discharge of its duties under the provisions of this chapter.
§60-2-20. Civil responsibility.
The members of the commission shall not be civilly responsible
for any act done or omitted in good faith in the discharge of
duties imposed upon them by this chapter.
WVC 60 - 2 - 21
At least every five fiscal years, the Legislative Auditor
shall audit the affairs of the West Virginia Alcohol Beverage
Control Commissioner and report the results of the audit to the
Governor. The cost of the audit shall be paid from the operating
WVC 60 - 2 - 22
§60-2-22. Authority to utilize scanner technology in sales;
authority to execute contracts relating thereto.
(a) The commissioner may, pursuant to section eleven of this
article, authorize and establish standards for the use of scanner
technology for the verification of age of purchasers of alcoholic
beverages and wine as provided in article eight of this chapter,
and nonintoxicating beer as provided for in article sixteen,
chapter eleven of this code. Any scanner technology may not be
used for the collection of personal identifiable information of any
purchaser, which includes, but is limited to, drivers license
number, social security number or other descriptive information
contained on the license, other than the age of the purchaser.
(b) In addition to the commissioner's powers set forth in
section eleven of this article, the commissioner may sign and
execute in the name of the office of alcohol beverage control
commissioner one or more contracts or agreements pertaining to the
sale or licensing and promotion of proprietary scanner technology
by the commissioner, or his or her designated contractual partner,
to any interested person, upon terms the commissioner believes to
be in the best interests of this state, and to amend, extend or
terminate any contract or agreement: Provided, That all contracts
are subject to the review process contained in section thirteen,
article three, chapter five-a of this chapter.
(c) "Scanner technology" includes any device that uses
technology intended to control the access of minors to alcohol and tobacco products and which is capable of:
(1) Capturing the information from a bar code or magnetic
strip on a driver's license or identification card issued by the
division of motor vehicles;
(2) Producing a declaration of age in print form and storing
a record of the event in memory;
(3) Producing an audible, visual and printed result;
(4) Reporting a history of the events, including the ability
to transfer the data for archiving and database development
(5) Storing at least one thousand events at any time before
data is transferred.
(d) Moneys derived from the sale, licensing and promotion of
the proprietary scanner technology shall be deposited in a special
account in the state treasury to be known as the "Scanner
Technology Fund." Expenditures from the fund shall be for the
maintenance and development of the proprietary scanner technology
described in this section and are not authorized from collections
but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter five-a of this code:
Provided, That for the fiscal year ending the thirtieth day of
June, two thousand four, expenditures are authorized from
collections rather than pursuant to an appropriation by the Legislature.