West Virginia Code § 11-16-4

Responsibility of Alcohol Beverage Control Commissioner; administrators,
Open in Lexace · Ask the AI about this section
employees and agents; administration and enforcement expenses.
(a) The Alcohol Beverage Control Commissioner described under the provisions of article
two, chapter sixty of this code shall have sole responsibility for the administration of this
article, except for those responsibilities expressly vested in the Tax Commissioner under
sections thirteen, fourteen and fifteen of this article. e
All acts heretofore performed by the nonintoxicating beer commissioner under previous
proceedings of this article are hereby again ratified and confirmed, and the commissioner
shall succeed to the same position previously maintained by the unonintoxicating beer
commissioner in all proceedings and official acts instituted and perfected under the
provisions of this article prior to the effective date of this secttion.
(b) The commissioner shall appoint an adequate number of competent persons to serve as
administrators, employees and agents of the commissioner for the purpose of keeping all
necessary accounts and records required under thel provisions of this article; investigating
the books, accounts, records and other paperss of retailers, distributors and brewers;
investigating applicants for license and the places of business of retailers, distributors and
brewers; procuring evidence with respect to violations of the provisions of this article, and
particularly for use at hearings heldg by the commissioner and on proceedings instituted in
court for the purpose of revoking or suspending licenses hereunder; and such
administrators, employees ande agents shall perform such other duties as the commissioner
may direct. Such administrators, employees and agents shall have the right to enter any
licensed premises in theL state in the performance of their duties at any hour of the day or
night when beer is being sold or consumed on such licensed premises. Refusal by any
licensee or by any employee of a licensee to permit such administrators, employees or
agents to enter the licensed premises shall be an additional cause for revocation or
suspension of the license of such licensee by the commissioner. The compensation of such
administrators, employees and agents shall be fixed by the commissioner: Provided, That the
comWmissioner may employ up to eleven special investigators who shall be nonclassified
exempt employees of the division.
(c) Services rendered the state by clerks, sheriffs, commissioners in chancery and special
commissioners, designated by the court, and court reporters and stenographers performing
services for said commissioner and fees of witnesses summoned on behalf of the state in
proceedings to revoke or suspend retailer's licenses shall be treated as part of the expenses
of administration and enforcement, and such officers and said other persons shall be paid
the same fees and charges as would be chargeable for like services performed for an
individual; and the compensation of such clerks, sheriffs and other persons shall be paid out
of the amount allocated for the expense of administration enforcement, after the amount of
such fees and other charges shall be certified by the court to the Auditor.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.