How to Open a Bar in West Virginia: Private Club Licence, Tavern Licence and What the ABCA Checks

Opening a bar in West Virginia means getting a west virginia bar license from the Alcohol Beverage Control Administration (ABCA), then adding the city licenses, state registrations and tax accounts that sit on top of it. Most bars operate under a private club license. A tavern license covers only nonintoxicating beer. This guide covers the order that works, the fees you can verify, and what the ABCA checks before it reviews your file.

Informational content, not legal or tax advice. Licensing rules, fees and city requirements change. Confirm every figure with the agency named, and talk with a West Virginia attorney and a CPA before you sign a lease or buy equipment.

The short answer: which license most bars need

For a bar that sells liquor, wine and beer, the usual path is a private club license from the ABCA under W. Va. Code 60-7. The fee depends on membership size. A private club bar with fewer than 1,000 members pays $1,150 a year. A private club bar with more than 1,000 members pays $2,650 a year. A fraternal club pays $900 a year for liquor, wine and beer, or $150 a year for beer only.

A tavern license, which covers nonintoxicating beer only, costs $150 a year. If you want to sell wine or liquor, a tavern license will not do the job, so decide before you apply.

Materials and documents you need before you start

• A business entity registered with the West Virginia Secretary of State. Most owners use an LLC, which needs Articles of Organization (Form LLD-1) and a $100 filing fee.
• A Business Registration Certificate from the State Tax Division ($30, one-time, one per fixed location).
• Proof that you are in good standing with the Tax Department, Workers' Compensation, Unemployment and the Secretary of State.
• A completed ABCA application.
• A floorplan of the premises that matches the address on your application.
• The ABCA fee for your license type, plus the $100 operational fee for each licensed location.
• Your lease or deed for the building. Keep the same address on every filing.
• City paperwork: the city alcohol license form, a municipal business license, and any zoning or occupancy confirmation the city requires.
• If you plan to offer limited video lottery, a separate license from the West Virginia Lottery Commission.

Step 1: Pick the license type that fits your concept

The license type sets your fee, what you can sell and who can come in. Use the table below to compare the fees covered in this guide.

License or charge	Who it fits	Fee
Private club bar, under 1,000 members	Liquor, wine and beer	$1,150 a year
Private club bar, over 1,000 members	Liquor, wine and beer	$2,650 a year
Fraternal club, liquor, wine and beer	Qualifying fraternal organizations	$900 a year
Fraternal club, beer only	Qualifying fraternal organizations	$150 a year
Tavern	Nonintoxicating beer only	$150 a year
Operational fee	Each licensed location	$100

Membership counts matter. A private club license depends on having members, and the 1,000 member line sets your fee. Ask the ABCA how it defines and counts members before you commit to a membership plan or a fee tier. If you are unsure whether your organization qualifies as a fraternal club, ask the ABCA in writing.

Step 2: Form your entity and check the name

Register your entity with the Secretary of State at sos.wv.gov/business, or file through the WV One Stop Business Portal at business4.wv.gov. An LLC name must include 'limited liability company', 'limited company', or one of the abbreviations 'L.L.C.', 'LLC', 'L.C.' or 'LC' under W. Va. Code 31B-1-105. The name must also be distinguishable from every other name already registered or reserved with the Secretary of State.

If you want to hold a name before you file, a name reservation lasts 120 days and costs $15. Standard processing for the filing takes 5 to 10 business days. Expedited options add fees on top of the $100 filing fee: $25 for in-person same day or next business day, $250 for a 2 hour turnaround, and $500 for a 1 hour turnaround. Online filings add a $1.00 portal processing fee.

A registered agent is optional in West Virginia. The Secretary of State can accept service of process for your company, so you do not need a commercial agent to form the LLC. You may still want one, and the Form LLD-1 instructions say you may wish to maintain one.

If the bar will trade under a name other than the LLC name, file a Trade Name Registration (DBA) with the Secretary of State, not a county clerk. For an LLC, the fee is $25, plus a $1.00 online processing fee if you file through the portal. The form is NR-3.

Step 3: Register with the State Tax Division

West Virginia has no general statewide business license. The closest thing is the Business Registration Certificate from the State Tax Division. Every business entity must hold one before it engages in business activity. The one-time fee is $30, and you file on Form WV/BUS-APP or online at business4.wv.gov.

The certificate is permanent until your business name, location or ownership changes. Each fixed location needs its own certificate, so a bar with a second site needs a second $30 certificate. Registering with the Secretary of State does not replace this step. Your registration with the Secretary of State is a filing, not a license.

Step 4: Get in good standing with four agencies

Before the ABCA reviews your application, you need good standing with four bodies: the Tax Department, Workers' Compensation, Unemployment and the Secretary of State. Each agency has its own account and its own process. Start with the Secretary of State, because your LLC annual report has to be current. Then open or confirm your accounts with the other three, and ask each one for a written statement that you are in good standing. Do not submit the ABCA application until all four are settled, because an incomplete standing check can hold the whole file.

The West Virginia Tax Department lives at tax.wv.gov. If you need help with the paperwork, the West Virginia Small Business Development Center at wvsbdc.com can point you to the right office.

Step 5: Lock down the location, floorplan and city approvals

The ABCA requires a floorplan. Draw it to scale, label the bar, the service area, the restrooms, the exits and any outdoor area, and make sure the address matches your lease or deed. A floorplan that does not match the premises is one of the most common reasons a file stalls.

Before you sign the lease, confirm with the city that a bar is a permitted use at the address. West Virginia has 230 incorporated places, and each one sets its own zoning, parking and occupancy rules. Ask the city clerk whether it issues its own alcohol license, because that answer changes your costs and your timeline.

Step 6: File the ABCA application and pay the state fees

Submit the completed ABCA application with your floorplan, your proof of good standing and your fees. The ABCA license year runs from July 1 to June 30, so plan your opening date around that cycle. The $100 operational fee applies to each licensed location, so a second site adds a second fee.

Confirm the current application form, the processing time and the payment method directly with the ABCA. This guide does not state an ABCA processing time, and you should not plan a lease start date around a guess.

What the ABCA checks before it approves you

The ABCA will not review your file until the basics are in place. In practice, it checks these items:

• Good standing with the Tax Department, Workers' Compensation, Unemployment and the Secretary of State.
• Secretary of State registration for the entity that will hold the license.
• A completed application, with every question answered and every required attachment included.
• A floorplan that shows the licensed premises and matches the address on file.
• Fees paid for the license type you selected.

Ask the ABCA for its full list of review requirements, including any personal information it requires from owners, officers or managers. Do not assume the list above is complete.

Step 7: Stack the city alcohol license and city charges

An ABCA license does not replace a city license. Many cities add their own alcohol license on top of the state license, and the cost varies widely. As an example, Morgantown's license form (rev. 9/2022) lists $500 for a private club under 1,000 members, $100 for a Class A beer or tavern license, and a $20 municipal license. Morgantown's form is a dated example, so confirm the current fees with the city before you budget.

Cities also levy their own taxes. The state business and occupation (B&O) tax applies only to utilities. The gross receipts business and occupation tax that applies to shops and services is levied by cities, together with a city business license and a weekly per-worker city service fee. Ask your city for the rate, the filing schedule and the service fee amount, because this guide does not state those figures for every city.

Step 8: Register for sales tax

West Virginia's state sales tax rate is 6%. In addition, 101 municipalities add a 1% local sales tax today, and 107 municipalities will do so from January 1, 2027. Your city determines which rate applies to your sales, so check whether your address is in one of those municipalities.

Register for a sales tax permit through the Tax Division at the Tax Division's business registration page. Confirm with the Tax Division how food and drink sales are treated before you set your menu prices and your point of sale settings.

Step 9 (optional): Limited video lottery

Some bars add limited video lottery machines. This is a separate license from the West Virginia Lottery Commission, not part of the ABCA process. The retailer must have exclusive possession of the premises under W. Va. Code 29-22B-501, so check how that rule fits your lease and your other tenants before you apply. Confirm the eligibility rules, fees and application steps with the Lottery Commission, since this guide does not state them.

Step 10: Keep the license in force

Your ABCA license renews on the July 1 to June 30 cycle. A late renewal adds a $150 reactivation fee, so calendar the renewal date and pay on time. Your LLC annual report is due each year between January 1 and June 30. A filing after June 30 costs $75, because the $25 annual report fee carries a $50 late fee. The Business Registration Certificate does not expire, but it must be updated if your business name, location or ownership changes.

Common mistakes to avoid

• Treating the Secretary of State filing as the license. It is a registration, not an ABCA license.
• Assuming there is a single state business license. There is none. You need the $30 Business Registration Certificate, plus the ABCA license and any city licenses.
• Choosing a tavern license for a full bar. A tavern license covers nonintoxicating beer only.
• Miscounting members. The 1,000 member line changes your fee from $1,150 to $2,650.
• Skipping the city alcohol license. The state license alone may not let you open.
• Submitting before good standing. The ABCA will not review the file until all four agencies confirm your standing.
• Using a floorplan that does not match the premises. Redraw it before you file.
• Missing the June 30 annual report. The late filing costs $75 instead of $25.
• Relying on guidance from another state. Virginia and other neighboring states have different agencies and rules. Use only West Virginia sources.

What to expect from the process

If your entity, tax accounts, floorplan and city approvals are in order when you file, the ABCA review is the step most likely to set your opening date. A complete package may help you avoid a round of requests for missing items, though the agency decides how long its review takes. Do not promise a specific opening date to landlords, contractors or investors until the ABCA has issued your license.

For budgeting, the state fees covered in this guide add up to $1,380 for a private club bar with fewer than 1,000 members: $100 for the LLC filing, $30 for the Business Registration Certificate, $1,150 for the ABCA license, and $100 for the operational fee. That total leaves out the name reservation, expedited filing, DBA, annual report, city alcohol license, city business license, the city service fee, sales tax deposits, equipment, insurance and build-out costs. A city such as Morgantown adds its own alcohol license and municipal fee on top.

Next steps

1. Choose the license type and confirm your member count or fraternal status with the ABCA.
2. File the LLC with the Secretary of State, and add a DBA if you need one.
3. Register for the $30 Business Registration Certificate.
4. Confirm good standing with the Tax Department, Workers' Compensation, Unemployment and the Secretary of State.
5. Confirm zoning and the city alcohol license with your city.
6. Draw the floorplan and file the ABCA application with the fees.
7. Register for sales tax and set up city tax accounts.

Confirm every figure above with the agency named before you commit money. A licensed attorney can review your lease and your ownership structure, and a CPA can advise you on the tax treatment of your entity and your sales. This article does not replace that advice.