West Virginia Code 60-7-2a – Dual licensing permitted; conditions
(a) A private coliseum or center may permit a private fair and festival licensee to conduct the temporary special event, authorized by that license, within, or on the private coliseum or center licensee’s licensed premises in order to create tourism opportunities that will promote brewers, resident brewers, wineries, farm wineries, distilleries, mini-distilleries, and micro-distilleries in this state.
Terms Used In West Virginia Code 60-7-2a
- Commissioner: means the West Virginia Alcohol Beverage Control Commissioner. See West Virginia Code 60-7-2
- Licensee: means the holder of a license to operate a private club granted under this article, which remains unexpired, unsuspended, and unrevoked. See West Virginia Code 60-7-2
- Private coliseum or center: means an applicant for a private club or licensed private club licensee that is open for various events including, but not limited to, musical concerts, bands, sporting events, monster trucks, sports entertainment events, circuses, expos, hobby events, tradeshows, health events, reserved weddings, reunions, retreats, conventions, conferences, meetings, or other special events. See West Virginia Code 60-7-2
- Private fair and festival: means an applicant for a private club or a licensed private club licensee meeting the requirements of §. See West Virginia Code 60-7-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) A private coliseum or center licensee may host a special event for a private fair and festival licensee on the licensee’s licensed premises if both licensees are in good standing with the commissioner and submit to the commissioner the temporary floorplan revisions of the private coliseum or center in which the special event would be held to comprise the special event’s lawful premises, which shall only include spaces in buildings or rooms of the private coliseum or center’s licensed premises. By contractual agreement between the private coliseum or center licensee and the private fair and festival licensee, the parties shall agree that the private coliseum or center maintains control of its licensed premises, but for a set contracted rental time period. The private fair and festival licensee shall safely account for the ingress and egress of the stated members and guests who will be attending the special event at the licensed premises. During the contracted rental time period, the private fair and festival licensee is wholly responsible and liable for the proper sale and serving of alcoholic liquors and nonintoxicating beer in the area designated as the private fair and festival’s temporary floorplan, as set forth in this section. The private fair and festival’s temporary floorplan shall comprise the private fair and festival’s licensed premises for the temporary special event, which is authorized for the lawful sale, service, and consumption of alcoholic liquors and nonintoxicating beer throughout the private fair and festival’s licensed premises during this dually licensed temporary special event: Provided, That the private fair and festival’s licensed premises dually shared and licensed with the private coliseum or center shall:
(1) Have facilities to prepare and serve food and alcohol;
(2) Have adequate restrooms andsufficient building facilities for the expected number of members and guests attending the event;
(3) Comply with all other requirements of its license in this article; and
(4) Comply with health, fire, safety, and zoning requirements.
(c) There is no limit on the number of private fair and festivals that may be held at a private coliseum or center.