Oisin Foster
West Virginia's alcohol laws are more complex than they first appear, owing to a provision in the state constitution. Beer has been available in general retail stores since 1934, and wine since 1981. Liquor, however, was only sold in state-owned stores until 1990, when the state auctioned off permits to private businesses. West Virginia's alcohol laws have been revised in recent years, relaxing restrictions on when and where alcohol can be purchased. The state does not prohibit the sale of alcohol, and it is possible to buy beer every day between 6 a.m. and 2 a.m.section. Stroh's is an American-style lager
| Characteristics | Values |
|---|---|
| Stroh's Beer Availability in West Virginia | Stroh's beer may be available for purchase in West Virginia, but specific retailers are not mentioned. |
| West Virginia Alcohol Laws | Beer, wine, and liquor can be purchased 7 days a week. |
| On-Premise Retailers | Alcohol sales are permitted between 6 a.m. and 2 a.m. every day. |
| Off-Premise Retailers | Beer and wine can be sold from 6 a.m. to 2 a.m., while liquor sales are allowed until midnight. |
| Dry Areas in West Virginia | Brandonville is the only dry area in West Virginia, where alcohol sales are prohibited. |
| Minimum Drinking Age | The minimum drinking age in West Virginia is 21 years old. |
| ABV Limit for Beer | The ABV limit for beer in West Virginia was raised from 6% to 12% in 2009. |
What You'll Learn
West Virginia's alcohol laws
Retail sale of beer and wine
Beer has been available in general, privately-owned, retail stores since 1934. Wine was transferred from state-owned "ABC Stores" to private sale in 1981.
Retail sale of liquor
Until 1990, liquor was sold only in state-owned 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, with only one agent per area. In larger counties, multiple competing agencies were granted. Agencies are rebid every 10 years.
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", thus permitting its sale 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 veterans' organisations, fraternal organisations, and golf and country clubs, on the theory that these were not "public places".
Throughout the 1950s, state voters regularly rejected constitutional amendments that provided for public consumption. In 1961, the state legislature found another "work-around", providing 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, and the club may not refuse "membership" to any person over 21.
ABV% Cap
Prior to July 2009, non-intoxicating beer was defined as all malt-based beverages that contained at least 0.5% ABV and not more than 6% ABV. Therefore, all beer sold in West Virginia could not contain more than 6% ABV, effectively eliminating two-thirds of all beer being produced worldwide from being purchased in the state.
In 2009, the ABV limit was raised to 12% ABV, opening the West Virginia market to many more beers.
Retail sale times
Retail sale of beer and wine is prohibited daily between 2:00 a.m. and 6:00 a.m. Retail sale of liquor is prohibited on Easter Sunday and Christmas Day, and between midnight and 6:00 a.m. each day. Private clubs must close by 3:30 a.m. and remain closed until 6:00 a.m. each day. Taverns/bars must close by 2:30 a.m. and remain closed until 6:00 a.m. each day.
Dry counties
West Virginia has one dry area: the town of Brandonville. The rest of the state is wet and allows the sale of alcohol.
Minimum drinking age
The minimum drinking age in West Virginia is 21.
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Where to buy beer in West Virginia
West Virginia has a wide variety of options for purchasing beer. The state's alcohol laws are more straightforward in practice than they are on paper, thanks to a provision in the state constitution and "workarounds" of its terms.
On-Premise Consumption
Beer can be purchased from bars and restaurants, which can sell beer, wine, and liquor from 6 am until 2 am, 7 days a week. Private clubs can be open until 3 am and may also deliver alcohol.
Off-Premise Consumption
Beer can be purchased from package and liquor stores, grocery stores, and gas stations.
Package and liquor stores can sell beer, wine, and liquor every day from 6 am until midnight.
Grocery stores can sell beer and wine every day from 6 am until 2 am, and liquor between 6 am and midnight.
Gas stations can sell beer and wine from 6 am to 2 am and liquor from 6 am to midnight.
Online Ordering and Delivery
It is legal to order alcohol online in West Virginia, with services like Drizly offering same-day delivery. Alcohol delivery is also an option, with some rules: the driver must be 21 or older, the alcohol must be in a sealed container, the customer's ID must be verified, and the customer cannot be intoxicated.
Dry Areas
It is worth noting that West Virginia has one dry area: the town of Brandonville, where alcohol cannot be purchased.
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Alcohol delivery in West Virginia
Alcohol delivery is legal in West Virginia, but there are a few rules that must be followed. The delivery driver must be 21 years old or older, and the alcohol must be in a tamper-evident sealed container. The customer's identification must be verified upon delivery, and the customer cannot be intoxicated.
There are several options for alcohol delivery in West Virginia. Gopuff is a delivery service that operates in many cities across the U.S. and offers a variety of alcoholic beverages, including beer, wine, liquor, and ready-to-drink cocktails. They offer contactless delivery and operate 24/7 in many markets. Another option is Instacart, which allows customers to shop for beer, wine, or liquor from a store near them and have it delivered by a personal shopper. Instacart also offers contactless delivery and ID scanning for alcohol deliveries.
In addition to delivery services, some retailers in West Virginia may also offer alcohol delivery. For example, bars and restaurants in West Virginia can sell beer, wine, and liquor from 6 a.m. until 2 a.m. and can provide curbside pickup or home delivery. Private clubs can also make deliveries, and gas stations and grocery stores may deliver alcohol if they choose to.
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Drinking laws in West Virginia
West Virginia's alcohol laws are more complex in theory than in practice. The state constitution prohibits the consumption of "intoxicating liquors" in a saloon or other public place. However, in 1937, the state redefined standard beer as "non-intoxicating beer", allowing its sale in bars and restaurants. All beer vendors are technically selling "non-intoxicating beer".
In West Virginia, you can buy beer, wine, and liquor seven days a week. On-premise retailers can sell all forms of alcohol between 6 am and 2 am every day. Off-premise retailers can sell beer and wine from 6 am until 2 am, and liquor from 6 am until midnight. Private clubs can sell alcohol from 7 am until 3 am Monday to Saturday, and from 1 pm on Sundays. Taverns can sell alcohol from 7 am until 2 am Monday to Saturday, and from 1 pm until 2 am on Sundays. Liquor stores are closed on Sundays, and can sell alcohol from 8 am until midnight on the other days of the week.
There are some exceptions to these rules. For example, in 2016, the state allowed a local option election for counties to change the Sunday drinking laws from 1 pm to 10 am. Additionally, state-run stores must close on Christmas and Easter.
West Virginia has a minimum drinking age of 21. It is illegal for anyone under the age of 21 to buy, or attempt to buy, alcohol. It is also illegal for those under 21 to drive with a blood alcohol concentration (BAC) of over 0.02. The penalty for a first offence of driving under the influence (DUI) is a driver's license suspension for six months.
West Virginia alcohol laws prohibit a driver or passenger from consuming alcohol, but open containers can be in the passenger area of a vehicle. The state encourages drivers to submit to a BAC test if an officer requests it, but drivers have a right to decline. However, if they do decline, the state mandates a suspension of the driver's license for up to one year.
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West Virginia's dry counties
West Virginia is not a dry state. The state law does not prohibit the sale of alcohol, although there are some restrictions. However, West Virginia is one of the 33 states that allow their localities to prohibit the sale of alcohol.
West Virginia has two dry areas: the town of Brandonville in Preston County and the entirety of Calhoun County. You cannot buy alcohol in these places. The rest of the state is wet and allows the sale of alcohol.
In West Virginia, on-premise retailers can sell all forms of alcohol between 6 a.m. and 2 a.m. every day. Off-premise retailers can sell beer and wine from 6 a.m. until 2 a.m. Liquor can be sold for off-premise consumption between 6 a.m. and midnight. Alcohol delivery and growler sales are permitted in the state.
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Frequently asked questions
Yes, you can buy Stroh's beer in West Virginia.
You can buy beer in West Virginia at bars and restaurants, package and liquor stores, breweries and taprooms, gas stations, and grocery stores.
Yes, there are some restrictions on buying beer in West Virginia. Retail sales of beer and wine are prohibited between 2:00 a.m. and 6:00 a.m. daily. You can only buy liquor for off-premise consumption between 6:00 a.m. and midnight. Additionally, liquor stores are not allowed to open on Sundays, and they must remain closed on Christmas and Easter Day.
The minimum drinking age in West Virginia is 21.
