West Virginia Code § 60-7-8c

Special license for a multi-vendor private fair and festival; license fee and
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application; license subject to provisions of article; exception.
(a) There is hereby created a special license designated Class S3 private multivendor fair
and festival license for the retail sale of liquor, wine, nonintoxicating beer, and
nonintoxicating craft beer for on-premises consumption at an event where multiple vendors
shall share liability and responsibility, and apply for the license. Each vendoer may
temporarily purchase, sell, furnish, or serve liquor, wine, nonintoxicating beer, and
nonintoxicating craft beer as provided in this section. r
(b) To be eligible for the license authorized by subsection (a) of tuhis section, the private
multivendor fair and festival or other event shall:
(1) Be sponsored, endorsed, or approved by the governing body or its designee of the county
or municipality in which the private multivendor fair and festival or other event is located;
(2) Jointly apply to the commissioner for the speciall license at least 15 days prior to the
private fair, festival, or other event; s
(3) Pay a nonrefundable nonprorated licenise fee of $500 per event that may be divided
among all the vendors attending the event;
(4) Be approved by the commissioner to operate the private multivendor fair, festival, or
other event;
(5) Be limited to no more than 15 consecutive days;
(6) Have at least two separate and unrelated vendors applying for the license and certifying
that at least 100 members will be in attendance;
(7) Freshly prepare and provide food or meals, or engage a food vendor to prepare and
proWvide adequate freshly prepared food or meals to serve its stated members and guests who
will be attending the temporary festival, fair, or other event, and provide any written
documentation or agreements with a food caterer to the commissioner prior to approval of
the license;
(8) Only use its employees, independent contractors, or volunteers to purchase, sell, furnish,
or serve liquor, wine, nonintoxicating beer, or nonintoxicating craft beer;
(9) Provide adequate restroom facilities, whether permanent or portable, to serve the stated
members, patrons, and guests who will be attending the private multi-vendor festival, fair, or
other event;
(10) Provide a security plan indicating all vendor points of service, entrances, and exits in
order to verify members', patrons', and guests' ages, and whether a member, patron, or
guest is intoxicated, to provide for the public health and safety of members, patrons, and
guests;
(11) Provide a floorplan for the proposed premises with one defined and bounded indoor
and/or outdoor area to safely account for the ingress and egress of stated members, patrons,
and guests who will be attending the festival, fair, or other event, and the floorplan that
would comprise the licensed premises, which would be authorized for the lawful sales,
service, and consumption of liquor, wine, nonintoxicating beer, or nonintoxiecating craft beer
throughout the licensed premises whether these activities were conducted in a building or
structure, or outdoors while on the licensed premises and as noted on trhe floorplan;
(12) Meet and be subject to all other private club requirements; uand
(13) Use an age verification system approved by the commissioner.
(c) Nonintoxicating beer and nonintoxicating craft beear sold, furnished, tendered, or served
pursuant to the license created by this section shall be purchased from the licensed
distributor that services the area in which the privalte multi-vendor fair and festival will be
held or from a resident brewer acting in a limsited capacity as a distributor, in accordance
with §11-16-1 et seq. of this code.
(d) Wine sold, furnished, tendered, or served pursuant to the license created by this section
shall be purchased from a licensed distributor, winery, or farm winery in accordance with
§60-8-1 et seq. of this code.
(e) Liquor sold, furnished, tendered, or served pursuant to the license created by this section
shall be purchased from a licensed retail liquor outlet in the market zone or contiguous
market zone where the private multi-vendor fair or festival will be held, all in accordance
with §60-3A-1 et seq. of this code.
(f) A licensee authorized by this section may use bona fide employees, independent
contractors, or volunteers to sell, furnish, tender, or serve the liquor, wine, nonintoxicating
beer, or nonintoxicating craft beer: Provided, That the licensee shall train all employees,
independent contractors, or volunteers to verify legal identification and to verify signs of
intoxication.
(g) Licensed representatives of a brewer, resident brewer, beer distributor, wine distributor,
wine supplier, winery, farm winery, distillery, mini-distillery, micro-distillery, and liquor
brokers may attend a private multi-vendor festival or fair and discuss their respective
products but may not engage in the selling, furnishing, tendering, or serving of any liquor,
wine, nonintoxicating beer, or nonintoxicating craft beer.
(h) A licensee licensed under this section is subject to all other provisions of this article and
the rules and orders of the commissioner: Provided, That the commissioner may, by rule or
order, allow certain waivers or exceptions with respect to those provisions, rules, or orders
as required by the circumstances of each private multi-vendor fair and festival. The
commissioner may revoke or suspend immediately any license issued under this section prior
to any notice or hearing, notwithstanding §60-7-13a of this code: Provided, however, That
under no circumstances may the provisions of §60-7-12 of this code be waived or an
exception granted with respect thereto.

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