COVID-19 and Restaurant Alcohol Sales in West Virginia

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Spilman Thomas & Battle, PLLC

On March 18, 2020, Governor Jim Justice suspended the rule prohibiting bars and restaurants from providing beer and wine for off-premises consumption. Restaurants and bars with Class A licenses are now permitted to sell sealed bottles or cans of beer in their original containers and bottles of wine to-go so long as they are accompanied by food orders. The rule does not authorize the sale of beer growlers unless the individual possesses a beer growler license. To-go sales of liquor remain prohibited.

Under the rule suspension, restaurants and bars are permitted to make alcohol sales to-go. Deliveries (either off-premises or to a person in an on-premises parking lot) are not permitted.

The press release from the Governor's office lifting the rule on to-go alcohol sales is available here, and the letter from WV ABC detailing the change is available here.

The rule change will remain in effect throughout the State of Emergency declared by Governor Justice.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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