Navigating and Complying with West Virginia's Alcohol Regulations

Written by Staff Writer

Understanding West Virginia's alcohol laws is important for anyone working as a bartender, server, retail clerk or event worker in the Mountain State. Knowing the rules can save lives, create a safer working environment and protect you and your employer from liability.

Do You Need a Liquor License in West Virginia?

The West Virginia Alcohol Beverage Control Administration (WVABCA) does not currently require server or seller training for employees. However, due to the complicated nature of local alcoholic beverage sales and consumption regulations, this kind of alcohol awareness training is highly encouraged.

Completing quality Responsible Beverage Service Training, which may be required by some jurisdictions or employers, is the best way to ensure compliance with the state's alcohol consumption laws.

A good training program prepares you to responsibly sell or serve while avoiding accidental infractions, selling to underaged patrons or serving drunken customers, which could lead to lawsuits or other penalties.

WVABCA Definitions and Laws

The state's constitution prohibits people from buying and consuming intoxicating liquor or beer over 12% alcohol by volume (ABV) in saloons and public places. Article 6, Section 46 technically makes bars and similar establishments illegal in the entire jurisdiction.

Enterprising individuals, businesses and even legislators have created a variety of official loopholes and other ways to work around this constitutional restriction. For instance, state alcohol laws define “non-intoxicating” beers as brewed cereal malt beverages containing 0.5% to 12.0% ABV.

It's important to note that non-intoxicating beers are defined differently from non-alcoholic beers. Non-intoxicating beers may contain up to 12% ABV, while non-alcoholic varieties are defined as brewed malt beverages containing less than 0.5% ABV.

Laws for anyone selling or serving alcoholic beverages in WV include:

  • All servers must be 18; those under 21 need supervision by an employee who is at least 21 years old
  • Only customers of legal age (21) can be served or sold to on- or off-premises
  • Underage patrons or those who are physically incapacitated due to over-consumption or drug use must be refused sale or service

Since public houses and saloons are illegal under the constitution, businesses like restaurants and taverns must follow unique rules for private clubs and other legally defined “private” categories, including holding the required licenses to sell liquor, non-intoxicating beer or wine by the drink.

These specify the start and end times for legal sales during weekdays, weekends and holidays — among other restrictions. Thanks to recent liquor reforms, private clubs now enjoy more lenient oversight and a slightly longer period of service each day.

By contrast, retail stores and other off-premise establishments have a shorter sale period than establishments serving drinks on-site. These retail stores may also have additional packaging requirements and holiday sales limits.

WV On-Premises Regulations

Restaurants, taverns selling non-intoxicating beer, private wine spas and similar establishments offering on-premises consumption follow these rules:

  • Service allowed between 6 a.m. and 2 a.m. daily
  • Unrestricted Easter/Christmas operation

Private clubs offering on-premise consumption of beers, liquors and/or wines are regulated differently than restaurants, bars and retail stores:

  • Service is allowed between 6 a.m. and 3 a.m.
  • Establishment must be cleared of patrons by 3 a.m. and cleared of employees by 4:30 a.m.
  • Unrestricted Easter/Christmas operation

WV Off-Premises Regulations

Liquor stores selling spirits for off-premise enjoyment follow these restrictions:

  • Sales are allowed between 6 a.m. and midnight only
  • Must sell "intoxicating liquors" in sealed packages
  • All products are intended for private, off-premises consumption
  • Hours are restricted during Easter and Christmas

Stores selling beers and wines for off-premises enjoyment must abide by these limits:

  • Sales are allowed between 6 a.m. and 2 a.m.
  • No alcohol sales restrictions on Easter/Christmas

Daily operations may end anywhere from midnight (retail stores selling intoxicating liquors) to as late as 3 a.m. (private clubs). It's important to know how early and late these beverages can be sold, no matter the establishment you find yourself working in.

This is an overview, but the WVABCA lays out additional stipulations. Review the guidelines in West Virginia Code Chapter 60 or complete a training program that covers the state's regulations for alcoholic liquors and non-intoxicating beers in depth.

Recent Statewide Changes to Note

WV regulations on alcoholic beverages have changed significantly over the years. Many of the stricter provisions have loosened up. Definitions have been amended to reflect the shifting needs and desires of residents. Many of the more unusual provisions originated in the Prohibition era and have been updated, making it easier to enjoy a drink and comply with the rules.

Notably, 2024's HB 4793 or the “Moonshine Bill,” allows residents 21 and up to distill liquors at home for personal or family use (up to 5 gallons per person). This means that a household with two members aged 21+ could distill up to 10 gallons of liquor each year. Selling or offering liquors distilled at home for sale is still illegal.

Until 2009, non-intoxicating beer was defined as any brewed cereal malt beverage containing between 0.5% and 6% ABV. This law prevented nearly 66% of beer produced worldwide from being sold in WV.

HB 2719 changed the former 6% ABV limit to the current 12% ABV limit for non-intoxicating beer. This legislation earned the nickname of the "Craft Beer Bill" because it allowed craft brews and other varieties of beers with a higher ABV to be sold.

Restaurant and on-premises sales hours changed in 2017 with Senate Bill 561, or the "Brunch Bill." This change allowed each county the individual option to elect for a Sunday sale start time of 10 a.m. instead of 1 p.m.

Sunday packaged sales at liquor stores were only allowed after 1 p.m. until Senate Bill 2020 (passed in June 2021). This legislation allowed sales starting at 6 a.m. on Sundays (except Easter and Christmas Day). For much of the region's history, Sunday liquor sales were not permitted at all.

Get High-Quality Training Online at Your Pace

Mastering these nuances can seem overwhelming, but it's easier when you take a high-quality online course that presents the information in a straightforward and easy-to-understand way.

While liquor licensing for employees is not legally required here, taking the West Virginia Responsible Beverage Server course from Seller Server Online will teach you how to sell and serve all types of alcoholic beverages legally and safely in the Mountain State.

Whether tending bar, working events, serving cocktails or selling alcoholic drinks in a retail establishment, this education could be valuable for you. Learn about the following:

  • Dram shop laws and other legal burdens
  • Server and seller responsibilities
  • Impaired driving
  • Stages of intoxication
  • Alcohol's effects on the body
  • Identifying and refusing underaged or potentially intoxicated customers
  • Possible criminal or administrative penalties for unsafe serving

Our online training program is perfect for WV residents and can be completed 100% online at your pace in as little as 2 hours. The course includes information-packed modules, interactive quizzes, audio narration and a 20-question final exam to complete when you're ready.

After passing the exam, you can immediately download and print your certificate, which is valid for three years.

It's easy to get the training to serve and sell responsibly in your community with Seller Server Online. Complete lessons from any desktop, tablet or mobile device. With no timers or classroom schedules to keep up with, you will be able to complete the program as fast or slow as you'd like.

Sign up for the course now! An investment in your professional development can help you stand out during a job search in the hospitality industry, make your community safer and improve your skills.