HB2385 HSB AM 2-12
The Committee on Small Business, Entrepreneurship and Economic Development moves to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
“That §11-16-3, 11-16-6, §11-16-9 and §11-16-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto new sections, designated §11-16-6a and §11-16-6b, all to read as follows:
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context clearly requires differently:
(1) "Brand" means a nonintoxicating beer product manufactured, brewed, mixed, concocted, blended, bottled or otherwise produced, or imported or transhipped by a brewer or manufacturer, the labels of which have been registered and approved by the commissioner that is being offered for sale or sold in West Virginia by a distributor who has been appointed in a valid franchise agreement or a valid amendment thereto.
(2) "Brewer" or "manufacturer" means any person manufacturing, otherwise producing or importing or transshipping nonintoxicating beer or nonintoxicating craft beer for sale at wholesale to any licensed distributor. Brewer or manufacturer may be used interchangeably throughout this article. A brewer may obtain only one brewer's license for its nonintoxicating beer. or nonintoxicating craft beer.
(3) "Brewpub" means a place of manufacture of nonintoxicating beer owned by a resident brewer, subject to federal and state regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
(4) "Class A retail license" means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet licensed pursuant to chapter sixty of this code.
(5) "Class B retail license" means a retail license permitting the retail sale of liquor at a mixed retail liquor outlet licensed pursuant to chapter sixty of this code.
(56) "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner.
(67) "Distributor" means and includes any person jobbing or distributing nonintoxicating beer or nonintoxicating craft beer to retailers at wholesale and whose warehouse and chief place of business shall be within this state. For purposes of a distributor only, the term "person" means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is are liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of article eleven of this chapter notwithstanding the liability of trustees in article ten, chapter forty-four-d of this code.
(78) "Franchise agreement" means the written agreement between a brewer and a distributor that is identical as to terms and conditions between the brewer and all its distributors, which agreement has been approved by the commissioner. The franchise agreement binds the parties so that a distributor, appointed by a brewer, may distribute all of the brewer's nonintoxicating beer products, brands or family of brands imported and offered for sale in West Virginia, including, but not limited to, existing brands, line extensions and new brands all in the brewer's assigned territory for the distributor. All brands and line extensions being imported or offered for sale in West Virginia must be listed by the brewer in the franchise agreement or a written amendment to the franchise agreement. A franchise agreement may be amended by mutual written agreement of the parties as approved by the commissioner with identical terms and conditions for a brewer and all of its distributors. Any approved amendment to the franchise agreement becomes a part of the franchise agreement. A brewer and a distributor may mutually agree in writing to cancel a franchise agreement. A distributor terminated by a brewer as provided in this article and the promulgated rules no longer has a valid franchise agreement. If a brewer has reached an agreement to cancel a distributor or has terminated a distributor, then a brewer may appoint a successor distributor who accedes to all the rights of the cancelled or terminated distributor.
(89) "Franchise distributor network" means the distributors who have entered into a binding written franchise agreement, identical as to terms and conditions, to distribute nonintoxicating beer products, brands and line extensions in an assigned territory for a brewer. A brewer may only have one franchise distributor network: Provided, That a brewer that has acquired the manufacturing, bottling or other production rights for the sale of nonintoxicating beer at wholesale from a selling brewer as specified in subdivision (2), subsection (a), section twenty-one of this article shall continue to maintain and be bound by the selling brewer's separate franchise distributor's network for any of its existing brands, line extensions and new brands.
(910) "Freestanding liquor retail outlet" means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, as defined pursuant to section four, article three-a, chapter sixty of this code.
(1011) "Growler" means a container or jug of up to one hundred twenty-eight fluid ounces in capacity that is made of glass, ceramic or metal, ceramic material or another material approved by the commissioner container or jug, and that is capable of being securely sealed. utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale.
(1112) "Line extension" means any nonintoxicating beer product that is an extension of a brand or family of brands that is labeled, branded, advertised, marketed, promoted or offered for sale with the intent or purpose of being manufactured, imported, associated, contracted, affiliated or otherwise related to a brewer's existing brand through the use of a brewer, its subsidiaries, parent entities, contracted entities, affiliated entities or other related entities. In determining whether a nonintoxicating beer product is a line extension, the commissioner may consider, but is not limited to, the following factors: name or partial name; trade name or partial trade name; logos; copyrights; trademarks or trade design; product codes; advertising promotion or pricing.
(1213) "Nonintoxicating beer" means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, craft beer, lager beer, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers, and nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. The word "liquor" as used in chapter sixty of this code does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
(1314) "Nonintoxicating beer sampling event" means an event approved by the commissioner for a Class A retail Licensee to hold a nonintoxicating beer sampling authorized pursuant to section eleven-a of this article.
(1415) "Nonintoxicating beer sampling day" means any days and hours of the week where Class A retail licensees may sell nonintoxicating beer pursuant to subdivision (1), subsection (a), section eighteen and section eleven-a of this article, and is approved, in writing, by the commissioner to conduct a nonintoxicating beer sampling event.
(15) "Nonintoxicating craft beer" means any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than one half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.
(16) "Original container" means the container used by the a resident brewers or brewer at the place of manufacturing, bottling or otherwise producing nonintoxicating beer for sale at wholesale.
(17) "Person" means and includes an individual, firm, partnership, limited partnership, limited liability company, association or corporation.
(18) “Private club” means the holder of a license issued pursuant to article seven, chapter sixty of this code.
(1819) "Resident brewer" means any brewer or manufacturer of nonintoxicating beer or nonintoxicating craft beer whose principal place of business and manufacture is located in the State of West Virginia and which does not brew or manufacture more than twenty- five thousand barrels of nonintoxicating beer or nonintoxicating craft beer annually, and does not self-distribute more than ten thousand barrels thereof in the State of West Virginia annually.
(1921) "Retailer" means any person selling, serving, or otherwise dispensing nonintoxicating beer and all products or any product regulated by this article, including, but not limited to, malt coolers, at his or her established and licensed place of business.
(2022) "Tax Commissioner" means the Tax Commissioner of the State of West Virginia or the commissioner's designee.
§11-16-6. License in one capacity only; no connection between different licensees; when brewer may act as distributor; credit and rebates proscribed; brewer, resident brewer and brewpub requirements.
(a) No person shall be licensed in more than one capacity under the terms of this article, and there shall be no connection whatsoever between any retailer, distributor, resident brewer or brewer, and no person shall be interested directly or indirectly through the ownership of corporate stock, membership in a partnership, or in any other way in the business of a retailer, if such person is at the same time interested in the business of a brewer, resident brewer or distributor. A resident brewer may act as distributor in a limited capacity for his or her own product from such resident brewery, place of manufacture or bottling, but a resident brewer is not permitted to act as a distributor as defined in section three of this article: Provided, That nothing in this article may prevent a resident brewer from using the services of licensed distributors as specified in this article. A resident brewer or distributor may sell to a consumer patron for personal use and not for resale, quantities of draught beer in quantities in original containers that are no larger in size than of one-eighth, one- fourth and one-half barrels in the original containers for off-premises consumption. A resident brewer owning a who also has a brewpub license may sell nonintoxicating beer or nonintoxicating craft beer produced by the brewpub resident brewer in a sealed growler, cans, or bottles or sealed growlers for personal consumption off of a the brewpub’s licensed premise premises and not for resale in accordance with section six-b of this article.
(b) It is unlawful for any brewer, resident brewer, manufacturer or distributor to assist any retailer or and for any retailer to accept assistance from any brewer, resident brewer, manufacturer or distributor. Prohibited assistance includes any gifts or loans or forebearance of money or property of any kind, nature or description, or other thing of value, any forebearance to demand or collect any debt, fee or other thing owed or by and the giving of any rebates or discounts of any kind whatsoever except as may be permitted by rule, regulation or order promulgated by the commissioner in accordance with this article.
Notwithstanding paragraphs (a) and (b) above, a brewpub may offer for retail sale nonintoxicating beer or nonintoxicating craft beer so long as the sale of the nonintoxicating beer or nonintoxicating craft beer is limited to the brewpub’s licensed premises except for up to two growlers per customer for personal consumption off of a licensed premises and not for resale and complies with section six-b of this article.
. §11-16-6a. Retail sales by brewers and resident brewers; license; complimentary samples.
(a) Legislative findings. -- It is hereby found by the Legislature and declared to be the policy of this state that it is in the public interest of the citizens of this state to regulate, control and support the brewing, manufacturing, distribution, sale, transportation, storage and consumption of nonintoxicating beer within this state. This code section is a necessary, proper and valid exercise of the police powers of this state and is intended for the protection of public safety, welfare, health, peace and morals. In order to further these ends, this section permits a licensed brewer or resident brewer with its principal place of business and manufacture located in the State of West Virginia to have certain abilities in order to promote the sale of nonintoxicating beer manufactured in this state for the benefit of the citizens of the state, the state’s growing brewing industry and the state’s hospitality and tourism industry, each of which is a vital component of the state’s economy.
(b) Sales of nonintoxicating beer. – A licensed brewer or resident brewer with its principal place of business and manufacture located in the State of West Virginia may sell nonintoxicating beer at retail under the following conditions:
(1) The nonintoxicating beer was manufactured by such brewer or resident brewer;
(2) The sale is made from the brewer or resident brewer’s licensed premises;
(3) The sale is for consumption off the licensed premises; and
(4) The nonintoxicating beer is contained in one or more kegs, bottles, cans or growlers.
(c) Offers of complimentary samples. – Notwithstanding subsection (b) of this section, a brewer or resident brewer with its principal place of business and manufacture located in the State of West Virginia may offer complimentary samples of nonintoxicating beer products brewed at the brewer or resident brewer’s principal place of business and manufacture in the State of West Virginia. These samples may contain no more than two fluid ounces per sample, and no brewer or resident brewer may provide any single patron more than ten complimentary two-ounce samples per day. Brewers or resident brewers who qualify for providing complimentary samples may only offer samples at their principal place of business and manufacture located in the state, and they shall provide complimentary food items for any patron who consumes their nonintoxicating beer.
(d) Required verification. -- A brewer or resident brewer may not sell any nonintoxicating beer, or provide any sample of nonintoxicating beer, to any patron without first verifying, with proper identification, that the patron is twenty-one years of age or over and determining that the patron is not visibly intoxicated.
(e) Retail sales. -- Every licensed brewer or resident brewer operating under subsection (b) shall comply with all provisions of this article as applicable to nonintoxicating beer retailers when conducting sales of nonintoxicating beer and shall be subject to all applicable requirements and penalties in this article. A brewer or resident brewer may not sell, give or furnish nonintoxicating beer for consumption on its premises in the state except for the limited purpose of complimentary samples and only as permitted in this section. Sales authorized by this section are not for resale. A brewer or resident brewer operating under subsection (b) of this section may not sell more than four growlers of nonintoxicating beer to any one patron per day.
(f) Payment of taxes and fees. -- A licensed brewer or resident brewer operating under subsection (b) shall pay all taxes and fees required of licensed nonintoxicating beer retailers, in addition to any other taxes and fees required, and meet applicable licensing provisions as required by this chapter and by rule of the commissioner.
(g) Advertising. -- A licensed brewer or resident brewer operating under subsection (b) may advertise a particular brand or brands of nonintoxicating beer produced by it, and the price of the nonintoxicating beer subject to state and federal requirements or restrictions. The advertisement may not encourage intemperance.
(h) Filling and sealing of growlers. – A licensee under this section must fill a growler prior to sale. A licensee may not allow a patron to fill a growler or allow a patron to enter the portion of the licensee’s premises where growlers are filled. After filling a growler, the licensee shall close or stop the growler’s opening and securely seal it against tampering in a manner approved by the commissioner.
(i) Open container laws. – Notwithstanding any other provision of this code, a growler that has been sealed in accordance with subsection (h) of this section is not an open container for purposes of any state or local law, rule or ordinance. A growler with a broken seal is an open container.
(j) Labeling. -- A licensed brewer or resident brewer operating under subsection (b) shall affix a label on every growler that it sells. The label shall state the licensee’s name, the brand of nonintoxicating beer in the growler, the alcohol content by volume of the nonintoxicating beer in the growler and the date when the growler was filled.
(k) Sanitation. -- A licensed brewer or resident brewer operating under subsection (b) may not dispense nonintoxicating beer to any growler until it has been cleaned and sanitized by the licensee in accordance with state and county health requirements. Failure to do so may result in penalties under section twenty-three of this article.
(l) Fee. -- There is no additional fee for a licensed brewer or resident brewer operating under subsection (b) for the privilege of selling nonintoxicating beer in growlers.
(m) Limitations on licensees. -- No licensed resident brewer may produce more than twenty-five thousand barrels per calendar year at the resident brewer’s principal place of business and manufacture located in the State of West Virginia. No more than one brewer or resident brewer license may be issued to a single person or entity. No person may hold both a brewer and a resident brewer license. A licensed brewer or resident brewer operating under subsection (b) may only conduct tours, permit samples or sell growlers during the hours of operation set forth in subdivision (1), subsection (a) of section eighteen of this article. Any licensee under this section shall be subject to the applicable penalties under section twenty-three of this article for violations of this section.
(n) Rules. -- The commissioner is authorized to promulgate legislative rules to implement this section.
§11-16-6b. Sale of growlers by brewpubs, Class A retail dealers, Class B retail dealers, private clubs, Class A retail licensees and Class B retail licensees; license.
(a) Legislative findings. -- It is hereby found by the Legislature and declared to be the policy of this state that it is in the public interest of the citizens of this state to regulate, control and support the brewing, manufacturing, distribution, sale, transportation, storage and consumption of nonintoxicating beer within this state. Therefore, this code section is a necessary, proper and valid exercise of the police powers of this state and is intended for the protection of public safety, welfare, health, peace and morals. In order to further these ends, this section permits a licensed brewpub, Class A retail dealer, Class B retail dealer, or private club to have certain abilities in order to promote the sale of nonintoxicating beer manufactured in this state for the benefit of the citizens of the state, the state’s growing brewing industry and the state’s hospitality and tourism industry, each of which is a vital component of the state’s economy.
(b) Sales of nonintoxicating beer. -- A licensed brewpub, Class A retail dealer, Class B retail dealer, private club, Class A retail licensee or Class B retail licensee who pays the fee in subsection (l) and meets the requirements of this section may offer nonintoxicating beer for retail sale to patrons from their licensed premises in a growler for consumption off of the licensed premises. A licensee may not sell any nonintoxicating beer pursuant to this section without first verifying, using proper identification, that the patron is twenty-one years of age or over and determining that the patron is not visibly intoxicated. A licensee under this section may not sell, give or furnish alcoholic liquors, including wine, for consumption off of its licensed premises, unless it is a private club licensed to sell sealed wine for consumption off of the licensed premises and meets the requirements in subdivision (j) and (l), section three, article eight of chapter sixty of the code.
(c) Retail sales. -- Every licensee under this section shall comply with all provisions of this article as applicable to nonintoxicating beer retailers when conducting sales of nonintoxicating beer and shall be subject to all applicable requirements and penalties in this article. A licensee under this section may not sell more than four growlers of nonintoxicating beer to any one patron per day.
(d) Payment of taxes and fees. -- A licensee under this section shall pay all taxes and fees required of licensed nonintoxicating beer retailers, in addition to any other taxes and fees required, and meet applicable licensing provisions as required by this chapter and by rule of the commissioner.
(e) Advertising. -- A licensee under this section may advertise a particular brand or brands of nonintoxicating beer and the price of the nonintoxicating beer subject to state and federal requirements or restrictions. The advertisement may not encourage intemperance.
(f) Filling and sealing of growlers. – A licensee under this section must fill a growler prior to sale. A licensee may not allow a patron to fill a growler or allow a patron to enter the portion of the licensee’s premises where growlers are filled. After filling a growler, the licensee shall close or stop the growler’s opening and securely seal it against tampering in a manner approved by the commissioner.
(g) Open container laws. – Notwithstanding any other provision of this code, a growler that has been sealed in accordance with subsection (f) of this section is not an open container for purposes of any state or local law, rule or ordinance. A growler with a broken seal is an open container.
(h) Labeling. -- A licensee under this section shall affix a label on all growlers that it sells. The label shall state the licensee’s name, the brand of nonintoxicating beer in the growler, the alcohol content by volume of the nonintoxicating beer in the growler and the date when the growler was filled.
(k) Sanitation. -- A licensee under this section may not dispense nonintoxicating beer to any growler until it has been cleaned and sanitized by the licensee in accordance with state and county health requirements. Failure to do so may result in penalties under section twenty-three of this article.
(l) Fee. -- There is a $100 non-refundable fee for any licensee, except a brewer or resident brewer licensed pursuant to section six-a of this article or a licensed brewpub, who applies for the privilege to sell growlers as provided by this section. The licensee must be in good standing with the state at the time of obtaining licensure or any subsequent renewal.
(m) Limitations on licensees. -- A licensee under this section may sell growlers during the hours of operation set forth in subdivision (1), subsection (a) of section eighteen of this article. Any licensee under this section shall maintain a secure area for the sale of nonintoxicating beer in growlers. The secure area shall be accessible only by the licensee. A licensee under this section shall be subject to the applicable penalties under section twenty-three of this article for violations of this section.
(n) Non-applicability of certain statutes. -- Notwithstanding any other section of this code, licensees under this section are permitted to break the seal of the original container for the limited purpose of filling a growler as provided in this section. Any unauthorized sale of nonintoxicating beer or any consumption not permitted on the licensee’s licensed premises is subject to penalties under this article.
(o) Rules. -- The commissioner is authorized to promulgate legislative rules to implement this section.
§11-16-9. Amount of license tax; Class A and Class B retail dealers; purchase and sale of nonintoxicating beer permitted; distributors; brewers; brewpubs.
There is levied and imposed an annual license tax upon all dealers in and of nonintoxicating beer as defined by this article. which The license period begins on July 1 of each year and ends on June 30 of the following year. and, if If a license is granted for a less lesser period, it the license tax shall be computed semiannuallyin proportion to the remainder of the fiscal year. as follows: prorated according to the portion of the fiscal year remaining.
(1) Retail dealers shall be divided into two classes, Class A and Class B. In the case of a Class A retail dealer the license fee tax is $150 for each place of business; the license fee tax for social, fraternal or private clubs not operating for profit, and having been in continuous operation for two years or more immediately preceding the date of application, is $150: Provided, That railroads operating in this state may dispense nonintoxicating beer upon payment of an annual license tax of $10 for each dining, club or buffet car in which the beer is dispensed.
Class A licenses issued for railroad dining, club or buffet cars authorize the licensee to sell nonintoxicating beer at retail for consumption only on the licensed premises where sold. All other Class A licenses authorize the licensee to sell nonintoxicating beer at retail for consumption on or off the licensed premises.
In the case of a Class B retailer retail dealer, the fee tax for a Class B license authorizing the sale of both chilled and unchilled beer is $150 for each place of business. A Class B license authorizes the licensee to sell nonintoxicating beer at retail in bottles, cans or other sealed containers only, and only for consumption off the licensed premises. A Class B retailer may sell to a consumer, patron for personal use and not for resale, quantities of draught beer in original containers that are no larger in size than in quantities of one-eighth, one-fourth and one-half barrels in the original containers for off-premises consumption.
A Class B license may be issued only to the proprietor or owner of a grocery store. For the purpose of this article the term "grocery store" means and includes any retail establishment commonly known as a grocery store or delicatessen and caterer or party supply store, where food or food products are sold for consumption off the premises, and means a separate and segregated portion of any other retail store which that is dedicated solely to the sale of food, food products and supplies for the table for consumption off the premises. The commissioner may propose for legislative approval legislative rules pursuant to chapter twenty-nine-a of this code necessary to carry this provision into effect. Caterers or party supply stores are required to purchase the appropriate licenses from the alcohol beverage control administration.
(2) In the case of For distributors, the license fee tax is $1,000 for each place of business.
(3) In the case of For a resident brewer or a brewer with its principal place of business located in this state and who produces: (i) 12,500 barrels or less of nonintoxicating beer the license fee tax is $1,500 $500 for each place of manufacture; (ii) 12,501 barrels and up to 25,000 barrels of nonintoxicating beer the license tax is $1,000 for each place of manufacture; and (iii) more than 25,001 barrels of nonintoxicating beer the license tax is $1,500 for each place of manufacture. Brewers whose principal place of business or manufacture is not located in this state shall pay a license tax of $1,500 and are exempted from the reporting requirements of subdivision (5) of this section.
(4) In the case of a brewpub, the license fee tax is $1,000 $500 for each place of manufacture where a brewer or resident brewer’s brewpub is located.
(5) Upon filing an application and in order to determine a brewer or resident brewer’s initial license tax under subdivision (3) of this section, a brewer or resident brewer shall provide to the commissioner, on a form provided by the commissioner, an estimate of the number of nonintoxicating beer barrels and gallons that it will produce during the fiscal year based upon the production capacity of the brewer’s manufacturing facilities. On or before July 15 of each year, every licensed brewer or resident brewer shall file with the commissioner, on a form provided by the commissioner, a report that states, as of June 30 of that year, the actual volume of nonintoxicating beer in barrels and gallons that it produced at its principal place of business and manufacture during the fiscal year that ended on June 30. This production volume shall determine the licensed brewer or resident brewer’s license tax for the new fiscal year that began on July 1. If any licensed brewer or resident brewer chooses not to file or fails to file the reports required by this subdivision, its license tax is $1,500 for each place of manufacture unless it is otherwise exempt from such reporting requirement pursuant to subdivision (3) of this section.
§11-16-12. Bond of brewer, distributor, and Class A retail dealer; action on bond of retail dealer upon revocation of license; duty of prosecuting attorney.
(a) In addition to furnishing the information required by this article, each brewer or distributor applying for a license under this article shall furnish, as prerequisite to a license, a bond with some solvent surety company as surety, to be approved by the commissioner, payable to the State of West Virginia, conditioned for the payment of any and all additional taxes accruing during the period of such license, and conditioned further for the faithful observance of the provisions of this article, the rules, regulations and orders promulgated pursuant thereto and of any other laws of the State of West Virginia generally relating to the sale, transportation, storage and distribution of nonintoxicating beer, which said bonds shall be forfeited to the state upon the revocation of the license of any such brewer or distributor. The amount of such bond, in the case of a resident brewer or brewpub, shall be not less than $5,000, nor more than $10,000, and in the case of a distributor, not less than $2,000, nor more than $5,000 for each place of business licensed and conducted within the state, with the amount of such bond, between the minimum and maximum amounts, to be determined in the discretion of the commissioner. There shall be no bond for a brewpub license because the license privilege itself secures the payment of taxes and is subject to suspension and revocation for failure to pay said taxes. In the case of brewers shipping nonintoxicating beer into the state, any brewer must also furnish a bond in a penalty of not less than $5,000 nor more than $25,000 conditioned as hereinabove provided above in this subsection, provided and any bond furnished pursuant hereto shall be forfeited to the state in the full amount of said bond upon revocation of the license of any such brewer or distributor. Such money received by the state shall be credited to the state fund, general revenue.
(b) Each Class A retail dealer, in addition to furnishing the information required by this article, shall furnish as prerequisite to obtaining a license, a bond with some solvent surety company as surety, to be approved by the commissioner, payable to the State of West Virginia, in the amount of not less than $500, nor more than $1000, within the discretion of the commissioner. All such bonds shall be conditioned for the faithful observance of the provisions of this article, the rules, regulations and orders promulgated pursuant thereto and of any other laws of the State of West Virginia generally relating to the distribution, sale and dispensing of nonintoxicating beer, and shall be forfeited to the state in the full amount of said bond upon the revocation of the license of any such retail dealer. Such money received by the state shall be credited to the state fund, general revenue.
(c) Upon the revocation of the license of any Class A retail dealer by the commissioner or by any court of competent jurisdiction, the commissioner or the clerk of said court shall notify the prosecuting attorney of the county wherein such retail dealer's place of business is located, or the prosecuting attorney of the county wherein the licensee resides, of such revocation, and, upon receipt of said notice, it shall be the duty of such the prosecuting attorney shall forthwith to institute appropriate proceedings for the collection of the full amount of said bond. Upon request of such prosecuting attorney, the commissioner shall deliver the bond to him the prosecuting attorney. Willful refusal without just cause therefor by the prosecuting attorney to perform said duty hereby imposed this duty shall subject him the prosecuting attorney to removal from office by the circuit court of the county for which said prosecuting attorney was elected upon proper proceedings and proof in the manner provided by law.