Liquor Sampling

A Class A Retail Liquor licensee may, with the written approval of the commissioner, conduct a liquor sampling event on a designated sampling day.

At least five business days prior to the liquor sampling, the Class A retail licensee shall submit a written proposal to the commissioner requesting to hold a liquor sampling event, including the following information:

  • The day of the event;
  • The location of the event;
  • The times for the event; and
  • The specific brand and flavor of the West Virginia product to be sampled.

Upon approval by the commissioner, a Class A retail licensee may serve a complimentary liquor sample of the approved brand and flavor of the West Virginia product that is purchased by the Class A retail licensee from the commissioner.

The complimentary liquor samples on any sampling day shall not exceed:

  • One separate and individual sample serving per customer verified to be twenty-one years of age or older; and
  • One ounce in total volume.

Servers at the liquor sampling event shall:

  • Be employees of the Class A retail licensee;
  • Be at least twenty-one years of age or older; and
  • Have specific knowledge of the West Virginia product being sampled to convey to the customer.

All servers at the liquor sampling event shall verify the age of the customer sampling liquor by requiring and reviewing proper forms of identification. Servers at the liquor sample event may not serve any person who is:

  • Under the age of twenty-one years;
  • Intoxicated.

A liquor sampling event shall:

  • Occur only inside the Class A retail licensee’s licensed premises; and
  • Cease on or before 9:00 p.m. on any approved sampling day.

Any liquor bottle used for sampling must be from the inventory of the licensee, and clearly and conspicuously labeled “SAMPLE, NOT FOR RESALE”. If the seal is broken on any liquor bottle or if any liquor bottle is opened, then that liquor bottle must be removed from the licensed premises immediately following the event.

Violations of West Virginia Code §60-3A-3a as outlined above are subject to the civil and criminal penalties set forth in sections twenty-four, twenty-five-a and twenty-seven of the same article.

Related Definitions:

Class A retail license means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet.

Freestanding liquor retail outlet means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products.

Liquor means alcoholic liquor as defined in West Virginia Code §60-1-5 also includes both wine and fortified wines as those terms are defined in West Virginia Code §60-8-2.

Liquor sampling event means an event approved by the commissioner, for a Class A retail licensee to hold a liquor sampling event authorized pursuant to West Virginia Code §60-3A-3a.

Sampling day means any days and hours of the week where retail licensees may sell liquor pursuant to West Virginia Code §60-3A-18 for a Class A retail licensee to conduct a liquor sampling event.

West Virginia product means all liquor types and classes as approved by the commissioner and maintained on the ABCA retail liquor product list.