West Virginia Code § 60-7-8h

Special permit for a qualified non-profit permit holder in a private
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outdoor designated area; license fee and application; license subject to provisions
of article.
(a) There is hereby created a special permit, designated Class S4N, for the sale of liquor,
wine, nonintoxicating beer, and nonintoxicating craft beer in a private outdoor designated
area that has been approved by a municipality pursuant to §8-12-26 of this ceode by qualified
non-profit corporate entities organized pursuant to §31E-1-1 et seq. of this code. Each Class
S4N permittee may sell, furnish, or serve liquor, wine, nonintoxicating rbeer, and
nonintoxicating craft beer as provided in this section.
(b) Definitions:
Except as set forth in this section, the definitions of §60-7-8g of this code also apply to this
section.
"Qualified non-profit permit holder" means a non-plrofit corporate entity organized pursuant
to §31E-1-1 et seq. of this code that elects to osperate its events solely within a private
outdoor designated area, and who has applied and been approved for a Class S4N special
permit pursuant to §60-7-1 et seq. of this ciode.
(c) To be eligible for the special S4N permit authorized by subsection (a) of this section, the
qualified non-profit permit holder shall:
(1) Have an approved outdoor location that operates solely in a private outdoor designated
area created by a municipal ordinance as set forth in §8-12-26 of this code, provide the
commissioner a copy of the certified ordinance from the municipality, and operate only on
dates designated wit hin the dates of operation for the private outdoor designated area;
(2) Apply to the commissioner for the special S4N permit prior to operating in an approved
private outdoor designated area on an application provided by the commissioner which will
provide verification of non-profit corporate status with the West Virginia Secretary of State;
(3) Pay a one-time, nonrefundable non-prorated annual special permit fee of $1,500 to the
commissioner: Provided, That in the first year following the effective date of this section, this
special permit fee may be pro-rated for the period between effective date and June 30 of that
year. The one-time permit covers as many approved events that can be held during the
permit annual time period;
(4) Be in compliance with all state and federal laws and be in good standing with the
commissioner;
(5) Provide the dates, days, and hours of operation of all events to be held in the private
outdoor designated area between July 1 of the application year and June 30 of the year
following the application year within the dates of operation of the private outdoor designated
area within that timeframe: Provided, That the S4N permit applicant may list future dates
within the permit annual time period as to be determined so long as the qualified non-profit
permit holder notifies the commissioner of the specific future event dates not later than 60
days prior to the event.
(d) The commissioner shall enforce any violations of §11-16-1 et seq. and §60-1-1 et seq. of
this code committed by qualified non-profit permit holders against their permit and their
Class A, Class B, Class S, Class S1, Class S2 or Class S3 license. e

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