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West Virginia does not issue a bar license. It issues a private club license, and every restaurant, tavern and hotel bar that pours liquor in the state holds one. Under West Virginia Code §60-7 a “private club” sells alcoholic liquor only to dues-paying members and their guests, a private club bar needs at least 100 members and a working kitchen, and a private club restaurant is one whose primary function is serving freshly prepared meals. The annual fee is $1,000 for a bar or restaurant with fewer than 1,000 members and $2,500 at 1,000 or more; the Alcohol Beverage Control Administration’s published totals of $1,150 and $2,650 fold in the $150 nonintoxicating beer license, and a $100 operational fee is added for each location. Every applicant files a $5,000 surety bond, names a manager who passes a background check, gives the municipal clerk ten days’ notice, and buys its liquor from the ABC Commissioner or a licensed retail liquor outlet.
Training: No State Card, but a Named Manager Who Passes a Background Check
West Virginia Code Chapter 60 sets no server training or certification requirement, and the ABCA’s licensing page lists none among the things an applicant needs. What the statute does require is a person. Section 60-7-4 makes the application name a manager who must meet the same tests as the licensee: United States citizenship or naturalization, passing a background investigation, being at least 21, being “a suitable person, being of good morals and character” and capable of running a bona fide private club of good reputation. Any change of manager must be reported to the Commissioner immediately so the replacement can be checked. The manager is the person the ABCA holds responsible for licensing and enforcement matters, which is the closest thing West Virginia has to a licensed individual behind the bar.
The conduct rules fall on staff through the licensee. Section 60-7-12 makes it unlawful for a licensee or its employees to serve anyone under 21, anyone “physically incapacitated due to consumption” of alcohol or drugs, or anyone who is not a member or a member’s guest; to sell between 3:00 a.m. and 6:00 a.m.; or to let anyone under 16 serve alcohol, or anyone 16 to 20 serve without direct supervision by someone 21 or older. Each violation is a misdemeanor carrying a fine of $500 to $1,000 or up to a year in jail. Nevada requires a card of every server; Alaska requires a course within 30 days; West Virginia puts the whole obligation on the club and its named manager.
What a Private Club Is, and What Each Class Costs
Section 60-7-2 defines the classes. A private club bar uses the premises primarily as a bar with a limited food menu, has at least 100 members, and operates a kitchen with at least a two-burner hot plate, air fryer or microwave, a sink with hot and cold water and a 17 cubic foot refrigerator. A private club restaurant has the primary function of serving freshly prepared meals in a dining area and may have a bar area separate from or mixed into the restaurant. Fraternal and veterans’ organizations and nonprofit social clubs are a third class, and the statute lists private hotels, resort hotels, wedding venues, food trucks, golf clubs, stadiums, bakeries and cigar shops as their own types. Section 60-7-12(a)(8) then supplies the rule that makes the model work: a licensee may not sell alcoholic liquor to anyone “who is not a duly elected or approved dues-paying member in good standing of the private club or a guest of the member.”
Section 60-7-6 sets the annual fees: $750 for a fraternal, veterans’ or nonprofit social club; $1,000 for a private club bar or restaurant with fewer than 1,000 members; $2,500 at 1,000 or more; $1,000 for a restaurant or hotel licensed as a private caterer; $500 for a private bakery; $1,500 for a wedding venue or cigar shop; $2,000 for a private hotel, golf club, food truck, farmers market or stadium; and $7,500 to $22,500 for a private resort hotel by the number of designated areas. A license issued after January 1 that expires June 30 costs half. The ABCA’s own fee table shows what you actually pay: $1,150 and $2,650 for a bar or restaurant, $900 for a fraternal club, $2,150 for a hotel, food truck or manufacturer club — each statutory fee plus the $150 Class A nonintoxicating beer license under §11-16-9 — and it states that “an operational fee of $100 must be added for each licensed location.” A licensee that misses the June 30 renewal pays a $150 reactivation fee before anything else is processed.
The Application, the Bond and the Clerk
Section 60-7-4 lists what the application contains: the applicant’s and manager’s names and residences, the officers and directors or governing board, whether the premises is owned or leased, the number of members, the size and nature of the dining and kitchen facilities, complete ownership, and the criminal records of any officer or director convicted of a felony or a crime of moral turpitude. Every officer and director verifies it. It is accompanied by the license fee and by a bond in the penal sum of $5,000 with a corporate surety, conditioned on paying all fees and complying with the article. No college fraternity or sorority may be licensed. Under §60-7-4a an applicant inside a municipality first files a notice with the city clerk or recorder at least ten days before applying to the Commissioner, describing the premises, the food service and the patron capacity; the clerk reports it to the governing body with the zoning administrator’s view, and within ten days the governing body may comment. The Commissioner must deny a license where the use is neither permitted nor conditional under the zoning ordinance and suitable alternative locations exist.
Section 60-7-5 gives the Commissioner up to 30 days to investigate whether the applicant is “a bona fide private club of good reputation” with no false statements, hidden ownership or undisclosed pecuniary interests; a club in a state, county or municipal park or an airport also needs that authority’s approval. The license is good for one location, expires June 30, and cannot be transferred. Under §60-7-11 a licensee buys all of its alcoholic liquor “from the West Virginia Alcohol Beverage Control Commissioner at prices established by the commissioner for sales of the alcoholic liquors to the public generally,” or from a licensed retail liquor outlet, with wine available from licensed distributors at distributor prices. The ABCA’s licensing page adds the standing prerequisites: good standing with the State Tax Department, Workers’ Compensation, Unemployment and the Secretary of State, a registered business, and a completed application with a floor plan before review begins.
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What It Costs
| License or requirement | What it does | Fee |
|---|---|---|
| Private club bar or restaurant, under 1,000 members | Liquor, wine and beer to members and guests | $1,000 statute; $1,150 as published by the ABCA with the beer license |
| Private club bar or restaurant, 1,000 or more members | $2,500 statute; $2,650 published | |
| Fraternal, veterans’ or nonprofit social club | $750 statute; $900 published | |
| Private hotel, food truck, farmers market, stadium, manufacturer club, golf club | $2,000 statute; $2,150 published | |
| Private wedding venue or barn; private cigar shop | $1,500 statute; $1,650 published | |
| Private resort hotel | 1 to 5 / 6 to 10 / 11 to 15 / 16 to 20 designated areas | $7,500 / $12,500 / $17,500 / $22,500 statute |
| Class A nonintoxicating beer license | Beer for on-premises consumption (§11-16-9) | $150 |
| Operational fee | Per licensed location, added to every license | $100 |
| Surety bond | Filed with the application (§60-7-4) | $5,000 penal sum |
| Late renewal reactivation fee | Renewal not completed by June 30 | $150 |
| Half-year proration | License issued after January 1, expiring June 30 | Half the annual fee |
| West Virginia LLC | Articles of Organization (§59-1-2); annual report by June 30 | $100; $25 a year ($75 after June 30) |
A Members-Only State With a Court-Made Dram Shop Rule
The private club structure is not a formality. Because §60-7-12 forbids sales to anyone who is not a dues-paying member or a member’s guest, every bar in West Virginia runs a membership roll, and a private club bar cannot be licensed at all until it has 100 members and the kitchen the statute describes. Pennsylvania rations bars by county population and Alaska by a ratio to residents; West Virginia does not ration the number of licenses, it rations the customers. The other half of the model is supply: the Commissioner is the state’s liquor wholesaler, and §60-7-11 has clubs buying at the Commissioner’s retail price or from a licensed retail liquor outlet, so a West Virginia bar pays something close to shelf price for its spirits. New Hampshire and Mississippi are control states too, but sell to licensees through a commission or a state warehouse at wholesale.
Liability comes from the courts rather than a dram shop act. West Virginia Code §55-7-9 provides that “any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation,” and in Bailey v. Black (1990) the Supreme Court of Appeals read that section together with §60-7-12’s ban on serving a physically incapacitated person to recognize a claim by a third party injured by an over-served patron. The trigger is the statute’s own words: physically incapacitated due to consumption, not merely intoxicated, and a club that can show its staff stopped serving at that line has the statute on its side. Pennsylvania draws the same line at “visibly intoxicated” by statute; Alaska requires criminal negligence toward a drunken person. In West Virginia the rule lives in a 1990 opinion and the club’s membership and service records are the evidence.
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How to Get Licensed, In Order
- Register the entity and get in good standing. A West Virginia LLC is $100 to organize, and the ABCA will not review an application unless the business is registered with the Secretary of State and current with the State Tax Department, Workers’ Compensation and Unemployment.
- Choose the class. A private club restaurant if meals are the primary function; a private club bar if drinks are, which needs at least 100 members and the kitchen equipment in §60-7-2 before it can be licensed.
- File the ten-day notice with the municipal clerk if the premises is inside a city: address, description, food service and patron capacity. Confirm the use is permitted or conditional under zoning, because the Commissioner must deny it otherwise.
- Bind the $5,000 surety bond (and the nonintoxicating beer bond) and name the manager, who must be 21, a citizen, and able to pass the background investigation.
- File the application with the ABCA — floor plan, zoning form, release of information, ownership and membership details — with the license fee: $1,150 for a bar or restaurant under 1,000 members plus the $100 operational fee, halved if the license will issue after January 1.
- Wait out the Commissioner’s investigation, up to 30 days, and secure park or airport authority approval if the club sits on their property.
- Set up purchasing with the Commissioner or a licensed retail liquor outlet for liquor and with distributors for wine and beer, and build the membership roll, since sales are lawful only to members and their guests.
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Staying Licensed
Renew by June 30. Every private club license expires June 30 and renews on the same showing as the original, with the fees and the bond. Miss it and a $150 reactivation fee is due before the renewal is even processed, and operating on an expired license exposes the club to the penalties in §60-7-13.
Report a manager change immediately. Section 60-7-4 requires any change in the listed manager to be reported to the Commissioner at once so the new manager can be verified.
Keep the roll and the guest rule. Selling to a non-member who is not a member’s guest is a misdemeanor under §60-7-12, and the membership count on the application decides which fee tier applies.
File the Secretary of State annual report between January 1 and June 30 each year; the fee is $25, rising to $75 after June 30.
Frequently Asked Questions
How much is a liquor license in West Virginia?
The ABCA’s fee table lists $1,150 a year for a private club bar or private club restaurant with fewer than 1,000 members and $2,650 with 1,000 or more, $900 for a fraternal or nonprofit club, and $2,150 for a private hotel, food truck or manufacturer club, plus a $100 operational fee for each licensed location. Those totals combine the statutory private club fee in West Virginia Code §60-7-6 ($1,000, $2,500, $750 and $2,000 respectively) with the $150 Class A nonintoxicating beer license. Every application also carries a $5,000 surety bond, and a license issued after January 1 is half price until it expires June 30.
Why is every bar in West Virginia a private club?
Because West Virginia Code §60-7 licenses on-premises liquor only through private club licenses, and §60-7-12 makes it unlawful to sell alcoholic liquor to anyone who is not a dues-paying member in good standing or a member’s guest. A private club bar must have at least 100 members and a working kitchen; a private club restaurant is one whose primary function is serving freshly prepared meals. The membership count also sets the fee tier.
Do you need a license to bartend in West Virginia?
No. West Virginia Code Chapter 60 sets no server certification or training requirement and the ABCA’s licensing page lists none. The statute regulates the business and its named manager instead: §60-7-4 requires the manager to be at least 21, a citizen and cleared by a background investigation, and §60-7-12 makes serving a minor, a physically incapacitated person or a non-member a misdemeanor with a $500 to $1,000 fine.
Where does a West Virginia bar buy its liquor?
From the state or a licensed liquor store. West Virginia Code §60-7-11 requires licensees to purchase all alcoholic liquor from the Alcohol Beverage Control Commissioner at the prices the Commissioner sets for sales to the public, or from a retail liquor outlet licensed under Article 3A; wine may be bought from licensed distributors at the same prices they charge retailers. A club may contract, with the Commissioner’s approval, for deliveries from a retail liquor store.
How long does a West Virginia private club license take?
Two clocks are in the statute. Under §60-7-4a an applicant inside a municipality files notice with the city clerk at least ten days before applying, and the governing body has ten days after the clerk’s report to comment. Under §60-7-5 the Commissioner may hold the application for up to 30 days to investigate whether the applicant is a bona fide private club of good reputation with no hidden ownership. The ABCA warns that mistakes or omissions in the application delay processing.
Can a West Virginia bar be sued for over-serving?
Yes, under court-made law. West Virginia has no dram shop act, but §55-7-9 lets any person injured by the violation of a statute recover damages from the offender, and in Bailey v. Black (1990) the Supreme Court of Appeals read that provision together with §60-7-12, which forbids serving a person physically incapacitated due to consumption of alcohol, to allow a claim by a third party injured by an over-served patron. The statutory line is physical incapacity, and the club’s service records are its defense.
What does a West Virginia LLC cost?
Articles of Organization are $100 under West Virginia Code §59-1-2. The Secretary of State requires an annual report between January 1 and June 30 of each year after registration, with a $25 fee; a report received after June 30 costs $75, which includes a $50 late fee, and failing to file can lead to administrative dissolution.
Forming the company, taxes, insurance, and hiring are covered in our full guide to starting a business in West Virginia.
Sources
| Source | What It Covers |
|---|---|
| West Virginia Code §60-7-6 — Annual license fee; partial fee; and reactivation fee | Annual license fee for a fraternal or veterans’ organization or a nonprofit social club $750; $1,000 if the private club bar or restaurant has fewer than 1,000 members; $1,000 for a private club restaurant, private hotel or private resort hotel licensed as a private caterer; $500 for a private bakery; $1,500 for a private wedding venue or barn or a private cigar shop; $2,000 for a private nine-hole golf course, farmers market, food truck, college or professional sports stadium, multi-sport complex, manufacturer club or tennis club; $2,500 if the private club bar or restaurant has 1,000 or more members; $2,000 for a private hotel with three or fewer designated areas, a private golf club, a private coliseum or center or a private food court; private resort hotel $7,500 (five or fewer designated areas), $12,500 (six to 10), $17,500 (11 to 15), $22,500 (15 to 20); the fee for any license issued following January 1 that expires on June 30 is one half of the annual fee; a licensee that fails to renew on or before June 30 is charged an additional $150 reactivation fee |
| West Virginia Code §60-7-2 — Definitions | “Private club bar” means a licensee with a primary function of using the premises as a bar for the sale and consumption of alcoholic liquors, nonintoxicating beer and wine while providing a limited food menu, which has at least 100 members and operates a bar with a kitchen including at least a two-burner hot plate, air fryer or microwave oven, a sink with hot and cold running water and a 17 cubic foot refrigerator; “private club restaurant” means a licensee that has a primary function of using the licensed premises as a restaurant for serving freshly prepared meals and dining in the restaurant area, which may have a bar area separate from or commingled within the restaurant; “private club” means a corporation or unincorporated association admitting only duly-elected or approved dues-paying members in good standing and their guests |
| West Virginia Code §60-7-4 — Application for license; bond | The application includes the name and residence of the applicant and its manager, the officers and directors, whether the premises is owned or leased, the number of members, the size and nature of the dining and kitchen facilities, accurate ownership information and criminal records of officers or directors convicted of a felony or a crime involving moral turpitude; the manager shall meet all requirements of licensure including United States citizenship or naturalization, passing a background investigation, being at least 21 years of age, being a suitable person of good morals and character; any change in manager shall be made immediately to the commissioner; the application shall be accompanied by the license fee and by a bond of the applicant in the penal sum of $5,000 with a corporate surety; no college fraternity or sorority may be issued a license |
| West Virginia Code §60-7-4a — Notice of application to municipal clerk or recorder | A person intending to apply for a private club license within a municipality shall file a notice with the clerk or recorder at least ten days prior to filing an application with the commissioner, including the address and description of the premises, the food services to be offered and the patron capacity; the clerk reports the notice to the governing body with the zoning administrator’s report; within ten days of the report the governing body may submit written comment to the commissioner, who shall deny the license upon a finding that the use is neither a permitted nor a conditional use under the zoning ordinances and the municipality provides suitable alternative locations |
| West Virginia Code §60-7-5 — Investigation by commissioner; issuance; expiration; transferability | Upon receipt of a completed application with the fee and bond the commissioner conducts an investigation to determine whether the applicant is a bona fide private club of good reputation and may withhold granting or refusing the license for a period not to exceed 30 days; a private club in a state park requires the Director of Natural Resources’ approval and a club in a county or municipal park or an airport requires that authority’s approval; the license authorizes sales at only one location, expires on June 30 next following the date of issue, may be renewed upon the same showing with the fees and bond, and may not be transferable; upon denial the commissioner refunds the fees and bond |
| West Virginia Code §60-7-11 — Licensee must purchase alcoholic liquors from or through commissioner or retail licensee | All licensees shall purchase all alcoholic liquors sold by them from the West Virginia Alcohol Beverage Control Commissioner at prices established by the commissioner for sales of the alcoholic liquors to the public generally or from any retail licensee licensed under article three-a, except that licensees may purchase wines from licensed distributors at the same prices the distributors sell to retailers; a licensee may by contract approved by the commissioner receive deliveries of alcoholic liquor from a retail liquor store |
| West Virginia Code §60-7-12 — Certain acts of licensee prohibited; criminal penalties | It is unlawful for a licensee or its employees to sell or permit consumption by any person less than 21 years of age; to sell or give alcoholic liquors to any person who is physically incapacitated due to consumption of nonintoxicating beer, wine or alcoholic liquor or the use of drugs; to sell between the hours of 3:00 a.m. and 6:00 a.m.; to sell alcoholic liquor to any person who is not a duly elected or approved dues-paying member in good standing of the private club or a guest of the member; to employ any person younger than 16 to sell or serve, or any person 16 to 20 not directly supervised by a person aged 21 or over; any person who violates this section is guilty of a misdemeanor and shall be fined not less than $500 nor more than $1,000, or imprisoned not more than one year, or both |
| West Virginia Code §11-16-9 — Nonintoxicating beer license fees | For a Class A retail dealer the license fee is $150 for each place of business; for a Class B retail dealer the fee is $150 for each place of business; a licensee that fails to renew on or before June 30 is charged an additional $150 reactivation fee |
| West Virginia Code §55-7-9 — Violation of statutes | Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages |
| WV Alcohol Beverage Control Administration — Licensing (Class A and Class B fee tables) | An Operational Fee of $100 must be added for each licensed location; a Reactivation Fee of $150 will apply for licensees that renew late; an applicant will need to be in good standing with the West Virginia State Tax Department, WV Workers’ Compensation, WV Unemployment and WV Secretary of State, to register its business with the WV Secretary of State’s Office, and to complete the application, floorplan and submit all required documents; Class A annual fees: Private Club Bar or Private Club Restaurant (fewer than 1,000 members, liquor, wine and beer) $1,150; Private Club Bar or Private Club Restaurant (more than 1,000 members) $2,650; Private Caterer $1,000; Private Manufacturer Club $2,150; Private Bakery $650; Private Food Truck $2,150; Private Cigar Shop $1,650; Private Wedding Venue or Barn $1,650; Private Resort Hotel $7,650 / $12,650 / $17,650 / $22,650; Private Hotel $2,150; Private Golf Course or Golf Club $2,150; Fraternal Club (Non-Profit, liquor, wine and beer) $900; Fraternal Club beer $150; Tavern, nonintoxicating beer $150; the WVABCA operates on a fiscal year from July 1 to June 30 and some fees are prorated by half from January 1 to June 30 |
| WV Alcohol Beverage Control Administration — Forms and Applications | Application forms for Class A on-premises licenses (private club bar, private club restaurant, fraternal club, private caterer), bond forms, floor plan and zoning forms |
| West Virginia Code §59-1-2 — Fees to be charged by Secretary of State | Articles of organization of limited liability company, $100; registration of trade name, $25; articles of incorporation of for-profit corporation, $100 |
| West Virginia Secretary of State — Annual Reports | WV Code §59-1-2a requires organizations registered through the Secretary of State to file an annual report and pay the annual report $25.00 filing fee between January 1 and June 30 of each year following the calendar year in which the business was registered; failure to file by the June 30 deadline may result in monetary penalties as well as administrative dissolution or revocation |
| West Virginia Secretary of State — Limited Liability Companies | Annual report fees: if received by June 30, $25.00; if received after June 30, $75.00 (includes $50.00 late fee); an additional $1.00 online processing fee applies to online filings |
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