Alcohol laws of West Virginia
Encyclopedia
Alcohol laws of West Virginia are more complex on paper than in actual practice, owing to a provision of the state constitution
and euphemistic "work-arounds" of its terms.
in 1934, prohibits the consumption of "intoxicating liquors" in a "saloon or other public place".
was provided for, with only one agent per area, but in larger counties, multiple competing agencies were granted. Agencies are rebid every 10 years. In many areas the Rite-Aid drug store chain holds the agency. The Sam's Club
and Seven-Eleven chains are also holders of many agencies. Wholesale of liquor to these agents remains a state operated monopoly.
as "non-intoxicating beer" and thus permitting the sale of this product in bars and restaurants. All beer vendors to this day are legally selling "non-intoxicating beer".
, there was a desire to provide for the sale of wine and liquor by the drink, particularly in the northern parts of the state. In 1948 the state provided for the licensing of private clubs, such as veteran's organizations, fraternal organizations, and golf
and country clubs, on the theory that these were not "public places".
Throughout the 1950s, however state voters regularly rejected constitutional amendments which provided for public consumption. Votes were generally along regional lines, with northern areas and larger cities supporting repeal, and southern and rural areas supporting the continued ban. In 1961, the state legislature
found a "work-around" that short-circuited another vote. The new law provided for a new type of "private club". In actual practice, these "private clubs" are simply public places. Patrons become "members" for one dollar
with the purchase of their first drink, which comes with a one dollar "discount", with the law requiring that the club may not refuse "membership" to any person over age 21. In previous years, patrons were actually issued membership cards, but this practice has fallen into disuse and 99% of patrons are unaware that they are members of any such "club". Technically, public bars and saloons remain illegal in the state to this day. The 1961 law was a part of a political deal whereby southern legislators agreed to these changes, and northern legislators withdrew their blocking of the renaming of Marshall College, which had been accredited as a "university" since 1937 and which is located in southern West Virginia, to Marshall University
. This system remains in effect to this day. Such "clubs" are required to post a registry number which begins with the letter "ABCC" followed by a serial number, over their doors.
The Greenbrier Resort in White Sulphur Springs
, simply adds a $10 "alcohol membership fee" to the bill of all first time patrons.
, but not its county seat of Hamlin
, and Calhoun County
are "dry".
which has several "dry" counties. However, along the northern part of its Kentucky border, the city of Ashland
permits liquor and receives much cross-border business due to the more lax laws in that community.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and euphemistic "work-arounds" of its terms.
Constitution
The state constitution, Article VI, Section 46, passed to repeal prohibitionProhibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
in 1934, prohibits the consumption of "intoxicating liquors" in a "saloon or other public place".
Retail sale of beer and wine
Beer has been available in general, privately owned, retail stores since 1934. Wine was transferred from the state-owned ABC Stores system to private sale in 1981.Retail sale of liquor
Prior to 1990, liquor was sold only in a state owned system of stores, known as ABC Stores. In that year, the state withdrew from the retail liquor business and auctioned off permits to private businesses, who operate as "agents of the state". In smaller counties, a local monopolyMonopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
was provided for, with only one agent per area, but in larger counties, multiple competing agencies were granted. Agencies are rebid every 10 years. In many areas the Rite-Aid drug store chain holds the agency. The Sam's Club
Sam's Club
Sam's Club is a chain of membership-only retail warehouse clubs owned and operated by Wal-Mart Stores, Inc., founded in 1983 and named after Wal-Mart founder Sam Walton. , the Sam's Club chain serves more than 47 million U.S. members...
and Seven-Eleven chains are also holders of many agencies. Wholesale of liquor to these agents remains a state operated monopoly.
By the drink sale of beer
In 1937, the state "worked around" the constitutional prohibition on public consumption by redefining standard beerBeer
Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...
as "non-intoxicating beer" and thus permitting the sale of this product in bars and restaurants. All beer vendors to this day are legally selling "non-intoxicating beer".
Alcohol by Volume Limit for Non-Intoxicating Beer
Prior to July 2009, non-intoxicating beer was defined as all malt based beverages that contained at least 0.5% ABV and not more than 6% ABV. Therefore, all beer sold in WV could not contain more than 6% ABV. This effectively eliminated nearly 2/3 of all beer being produced throughout the world from being purchased in WV. Beginning in 2005 there were many attempts to raise that limit so that the WV market would be opened to the many world class beers that were, at the time, illegal to purchase in WV. The WV Beer Wholesalers Association were initially opposed to the change in the law stating that it would cause higher rates of underage drinking and DUI's. The facts however showed that this was not the case and in 2009, the WV Beer Wholesalers Association changed their stance on the subject and proceeded to lobby the Legislature to pass HB 2719, aka "The Craft Beer Bill" and change the definition of "non-intoxicating beer" to all malt based beverages between 0.5% and 12% ABV. The WV Legislature passed the bill in April 2009 and Governor Joe Manchin signed the bill into law in July 2009.By the drink sale of wine and liquor
Following World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, there was a desire to provide for the sale of wine and liquor by the drink, particularly in the northern parts of the state. In 1948 the state provided for the licensing of private clubs, such as veteran's organizations, fraternal organizations, and golf
Golf
Golf is a precision club and ball sport, in which competing players use many types of clubs to hit balls into a series of holes on a golf course using the fewest number of strokes....
and country clubs, on the theory that these were not "public places".
Throughout the 1950s, however state voters regularly rejected constitutional amendments which provided for public consumption. Votes were generally along regional lines, with northern areas and larger cities supporting repeal, and southern and rural areas supporting the continued ban. In 1961, the state legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
found a "work-around" that short-circuited another vote. The new law provided for a new type of "private club". In actual practice, these "private clubs" are simply public places. Patrons become "members" for one dollar
Dollar
The dollar is the name of the official currency of many countries, including Australia, Belize, Canada, Ecuador, El Salvador, Hong Kong, New Zealand, Singapore, Taiwan, and the United States.-Etymology:...
with the purchase of their first drink, which comes with a one dollar "discount", with the law requiring that the club may not refuse "membership" to any person over age 21. In previous years, patrons were actually issued membership cards, but this practice has fallen into disuse and 99% of patrons are unaware that they are members of any such "club". Technically, public bars and saloons remain illegal in the state to this day. The 1961 law was a part of a political deal whereby southern legislators agreed to these changes, and northern legislators withdrew their blocking of the renaming of Marshall College, which had been accredited as a "university" since 1937 and which is located in southern West Virginia, to Marshall University
Marshall University
Marshall University is a coeducational public research university in Huntington, West Virginia, United States founded in 1837, and named after John Marshall, the fourth Chief Justice of the United States....
. This system remains in effect to this day. Such "clubs" are required to post a registry number which begins with the letter "ABCC" followed by a serial number, over their doors.
The Greenbrier Resort in White Sulphur Springs
White Sulphur Springs, West Virginia
White Sulphur Springs is a city in Greenbrier County, West Virginia, United States. The population was 2,444 at the 2010 census.-Geography:White Sulphur Springs is located at ....
, simply adds a $10 "alcohol membership fee" to the bill of all first time patrons.
Hours
Retail sale of beer and wine is prohibited between 2 AM and 7 AM Monday-Saturday, and between 2 AM and 1 PM on Sunday. Retail sale of liquor is prohibited between 12 AM and 8 AM the following day Monday-Saturday, and totally prohibited on Sundays. Prior to 2011, liquor sales were prohibited during elections; this restriction ended in September, 2011. By the drink establishments of all types must close at 3:30 AM until 8 AM Monday-Saturday, and from 3 AM to 1 PM on Sunday.Drinking age and dry counties
The drinking age was 18 for beer/wine and 21 for liquor until 1972, when it was lowered to 18 for all beverages (along with the age of majority). It was then raised to 19 in 1983 (21 for non-residents) and 21 for all in 1986. Persons under 21 are also not allowed to sell alcohol. Lincoln CountyLincoln County, West Virginia
As of the census of 2000, there were 22,108 people, 8,664 households, and 6,532 families residing in the county. The population density was 50 people per square mile . There were 9,846 housing units at an average density of 22 per square mile...
, but not its county seat of Hamlin
Hamlin, West Virginia
Hamlin, originally named "Hamline," is a town in Lincoln County, West Virginia, United States, along the Mud River. The population was recorded as 1,119 at the 2000 census. It is the county seat of Lincoln County.-History:...
, and Calhoun County
Calhoun County, West Virginia
As of the census of 2000, there were 7,582 people, 3,071 households, and 2,201 families residing in the county. The population density was 27 people per square mile . There were 3,848 housing units at an average density of 14 per square mile...
are "dry".
Cross-border issues
Because its laws are less restrictive than its neighbor states, West Virginia benefits from sales to border residents, especially from the southern part of its border with KentuckyKentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
which has several "dry" counties. However, along the northern part of its Kentucky border, the city of Ashland
Ashland, Kentucky
Ashland, formerly known as Poage Settlement, is a city in Boyd County, Kentucky, United States, nestled along the banks of the Ohio River. The population was 21,981 at the 2000 census. Ashland is a part of the Huntington-Ashland, WV-KY-OH, Metropolitan Statistical Area . As of the 2000 census, the...
permits liquor and receives much cross-border business due to the more lax laws in that community.