WVC 60 - 3 A- 17
§60-3A-17. Wholesale prices set by commissioner; retail licensees
to purchase liquor from state; transportation and
storage; method of payment.
(a) The commissioner shall fix wholesale prices for the sale
of liquor, other than wine, to retail licensees. The commissioner
shall sell liquor, other than wine, to retail licensees according
to a uniform pricing schedule. The commissioner shall obtain, if
possible, upon request, any liquor requested by a retail licensee
and those permitted to manufacture and sell liquor pursuant to
section three, article four of this chapter.
(b) Wholesale prices shall be established in order to yield a
net profit for the General Revenue Fund of not less than $6,500,000
annually on an annual volume of business equal to the average for
the past three years. The net revenue derived from the sale of
alcoholic liquors shall be deposited into the General Revenue Fund
in the manner provided in section seventeen, article three of this
(c) Notwithstanding any provision of this code to the
contrary, the commissioner shall specify the maximum wholesale
markup percentage which may be applied to the prices paid by the
commissioner for all liquor, other than wine, in order to determine
the prices at which all liquor, other than wine, will be sold to
retail licensees. A retail licensee shall purchase all liquor,
other than wine, for resale in this state only from the
commissioner, and the provisions of sections twelve and thirteen, article six of this chapter shall not apply to the transportation
of the liquor: Provided,
That a retail licensee shall purchase
wine from a wine distributor who is duly licensed under article
eight of this chapter. All liquor, other than wine, purchased by
retail licensees shall be stored in the state at the retail outlet
or outlets operated by the retail licensee: Provided, however,
That the commissioner, in his or her discretion, may upon written
request permit a retail licensee to store liquor at a site other
than the retail outlet or outlets.
(d) The sale of liquor by the commissioner to retail licensees
shall be paid by electronic funds transfer which shall be initiated
by the commissioner on the business day following the retail
licensees order or by money order, certified check or cashier's
check which shall be received by the commissioner at least twenty-
four hours prior to the shipping of the alcoholic liquors:
That if a retail licensee posts with the commissioner an
irrevocable letter of credit or bond with surety acceptable to the
commissioner from a financial institution acceptable to the
commissioner guaranteeing payment of checks, then the commissioner
may accept the retail licensee's checks in an amount up to the
amount of the letter of credit.
(e) (1) A retail licensee may not sell liquor to persons
licensed under the provisions of article seven of this chapter at
less than one hundred ten percent of the retail licensee's cost as
defined in section six, article eleven-a, chapter forty-seven of this code.
(2) A retail licensee may not sell liquor to the general
public at less than one hundred ten percent of the retail
licensee's cost as defined in section six, article eleven-a,
chapter forty-seven of this code.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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