West Virginia Code § 11-16-6c

Class B retail dealer which is a grocery store, mobile application, or web-
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based sales privilege permit; fee.
(a) A Class B retail dealer who is licensed to sell nonintoxicating beer or nonintoxicating
craft beer and who operates a grocery store containing over $100,000 of fresh produce and
saleable food and food products fit for human consumption in a combination of displayed and
stored inventory may apply for a Class B license privilege granting the licenesee the ability to
complete the sale of such nonintoxicating beer or nonintoxicating craft beer in the original
sealed container for off-premises consumption to a person purchasing trhe nonintoxicating
beer or nonintoxicating craft beer from a vehicle:
(1) If the vehicle is parked in a licensed parking area which is contiguous to the Class B
licensee's licensed premises; or t
(2) If the vehicle is parked in a licensed parking area which is within 500 feet of the Class B
licensee.
(b) The parking area referenced in subsections (a) of this section shall be designated by
signage solely for the use of persons who have previously ordered items including, but not
limited to, nonintoxicating beer or nonintoixicating craft beer using a mobile application or
web-based software program. g
(c) No nonintoxicating beer or nonintoxicating craft beer may be loaded into a vehicle under
this section unless the Class B licensee or such licensee's staff have verified that both the
person placing the order, and, if different from the person placing the order, the person
picking up the order are 21 years of age or older and not noticeably intoxicated; and
(d) To operate under this section, a Class B retail dealer licensee must be in good standing
with the commVissioner, apply, qualify, pay the Class B license privilege fee and obtain the
permit for the Class B licensee privilege for nonintoxicating beer or nonintoxicating craft
beer sales at a designated parking area. The Class B license privilege permit nonrefundable
and non-prorated annual fee is $250. For purposes of criminal enforcement of the provisions
of this article, persons placing orders and picking up orders are deemed to be purchasers.
(e) The licensee shall be subject to all requirements, penalties and sanctions of this article.

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