West Virginia Code — Chapters 11 / 11A / 11B (Taxation)

W. Va. Code § 11-16-23

Revocation or suspension of license; monetary penalty; hearing assessment of costs; establishment of enforcement fund

# (a)

Upon a determination by the commissioner that a licensee has: (i) Violated the provisions of §11-16-18 of this code, or of §60-1-1 et seq . of this code; (ii) acted in such a way as would have precluded initial or renewal licensure; or (iii) violated any rule or order promulgated by the commissioner, he or she may:

# (1)

Revoke the licensee's license;

# (2)

Suspend the licensee's license;

# (3)

Place the licensee on probationary status for a period not to exceed 12 months; and

# (4)

Impose a monetary penalty not to exceed $1,000 for each violation where revocation is not imposed.

# (b)

Any monetary penalty assessed and collected by the commissioner shall be transmitted to the State Treasurer for deposit into the State Treasury to the credit of a special revenue fund designated the Alcohol Beverage Control Enforcement Fund established by the provisions of §60-7-13 of this code.

# (c)

In addition to the grounds for revocation, suspension, or other sanction of a license set forth in subsection (a) of this section, conviction of the licensee of any offense constituting a violation of the laws of this state or of the United States relating to nonintoxicating beer or alcoholic liquor are mandatory grounds for sanctioning of a license. Conviction of the licensee of any violation of the laws of this State or of the United States relating to prostitution or the sale, possession, or distribution of narcotics or controlled substances is mandatory grounds for revocation of the licensee's license for a period of at least one year.

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