Alcohol laws of West Virginia

The Alcohol Law 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

Constitution

The state constitution, Article VI, Section 46, passed to repeal prohibition 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 monopoly 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.

By The Drink Sale Of Beer

In 1937, the state "worked around" the constitutional prohibition on public consumption by redefining standard beer as "non-intoxicating beer" and thus premiting the sale of this product in bars and restaurants. All beer vendors to this day are legally selling "non-intoxicating beer".

By The Drink Sale of Wine And Liquor

Following World War II, 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 many 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.

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 PM and 8 AM the following day Monday-Saturday, and totally prohibited on Sundays and during elections. 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 lowered to 18 in 1972, but returned to 21 in 1983. Persons under 21 are also not allowed to sell alcohol. Lincoln County, but not its county seat of Hamlin and Calhoun County 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 Kentucky 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 Kentucky's more lax laws.