Opening a Convenience Store in West Virginia: Licenses & Permits

West Virginia lets convenience stores sell beer, wine and even liquor, but liquor comes through a limited, bid-awarded license and a restricted liquor area inside the store. A new Vape Safety Act took effect in June 2026, and there's no state tank cleanup fund. Below is who issues what, and how each rule shapes the store you design.

Licenses and permits at a glance

Fuel tanks: WVDEP

The Department of Environmental Protection's Tanks Unit regulates tanks under 33 CSR 30:

• Notice: written notice of intent to install must reach WVDEP 30 days before installation, and a DEP-certified Class A worker must be on site throughout. West Virginia doesn't accept other states' certifications.
• Construction: since July 1, 2008, all new installations must be secondarily contained with interstitial monitoring.
• Registration: register online; the fee is $90 per tank a year plus a $5 groundwater protection fee. Tanks can't operate until registered, and fuel deliverers check for a valid certificate.
• Operators: Class A, B and C operators, with A and B trained within 30 days by a DEP-approved vendor. A Class C operator must be on site during all hours of operation.
• No state fund: financial responsibility must come from private insurance or another federally approved mechanism.

Alcohol: the ABCA

The Alcohol Beverage Control Administration (ABCA) licenses everything at the state level. Every licensed location also pays a $100 operational fee, and you need a city zoning form or a county commission letter. Submit a floor plan; an agent inspects the finished premises, and processing takes about a month.

• Beer: a Class B retail dealer license, $150 per location, sealed containers only, issued only to a grocery store. The 200-foot school and church rule doesn't apply to Class B beer licenses.
• Wine: a retailer license, $150 a year, for a bona fide grocery store with average monthly non-wine sales and non-wine inventory of at least $500 each.
• Liquor: a Class B retail liquor license for a mixed retail liquor outlet. Licenses are capped by market zones and awarded by sealed competitive bid for 10-year periods, with a $2,000 annual fee. Liquor is bought from the ABCA.
• Restricted liquor area: liquor must sit in a signed, adults-only area that's separate from, and not highly visible to, people outside it.
• Hours: no beer or wine sales from 2 a.m. to 6 a.m., and no liquor sales from midnight to 6 a.m.
• Staff: employees 18 or older may sell. With ABCA approval, convenience stores can use 16- and 17-year-olds supervised by someone 21 or older.

Tobacco and vapes

• Age 21, checked against a valid ID.
• Vape Safety Act (June 11, 2026): a vape shop license ($1,200 a year) is needed only where tobacco or vapes take 33% or more of interior floor space. Stores that also sell soda, chips, lottery or alcohol and stay under that line are treated as retailers.
• For all sellers: 21+ warning labels since June 11, 2026; vape products named or packaged like candy, cartoons or school supplies banned from March 1, 2027; and advertising limits from July 1, 2027. Check how the advertising rules apply to your store before ordering signs.

Food service: the local health department

Local health departments issue food permits and inspect, under 64 CSR 17, which adopts the 2013 FDA Food Code. Submit plans on form SF-35 to the local health department 45 days before construction or operation.

Sales tax, fuel pumps and lottery

• Sales tax: a State Tax Division Business Registration Certificate is $30 per location. The rate is 6%, food is untaxed, and cities may add up to 1%.
• Fuel pumps: the Division of Labor's Weights and Measures section requires NTEP-certified devices, placed in service and sealed by a registered service agency or state official.
• Lottery: the West Virginia Lottery pays a 7% commission. Licensees must be 21 or older. Limited video lottery needs an on-premises beer or private club license in an adults-only area, so a typical convenience store doesn't qualify.

What this means for your store design

• Design an enclosed liquor area if you win a license. It must be signed for adults and not highly visible from the rest of the store, so plan an alcove the register can see. See convenience store sizes.
• Keep tobacco and vapes under 33% of floor space. Above it, you need a vape shop license.
• Build a real grocery section. Beer and wine licenses go only to grocery stores. See the cooler wall planner and beer cave cost.
• Submit food plans 45 days ahead. See food service build-outs.
• Budget for tank insurance and staff a Class C operator for every open hour.

Local approvals

Your city or county also controls zoning, building permits, fire inspections and signs, and signs off on the ABCA application. Our construction checklist covers the local steps.

For West Virginia store design, see convenience store design in West Virginia and walk-in cooler services in West Virginia.

Sources

• WVDEP, UST program, FAQs, operator training FAQs, documents and forms, and 2008 additions to the UST rule; 33 CSR 30.
• W. Va. Code §§11-16-8, 11-16-9, 11-16-18, 60-3A-4, 60-3A-6, 60-3A-10b, 60-3A-12, 60-3A-18, 60-3A-25, 60-8-2, 60-8-3 and 7-1-3ss; ABCA, licensing and FAQ.
• W. Va. Code §16-9A-3 and chapter 16-9H (Vape Safety Act, HB 5437 of 2026); 175 CSR 12.
• 64 CSR 17; Office of Environmental Health Services, food safety and form SF-35 (August 2024).
• W. Va. Code §§11-12-3, 11-15-3 and 11-15-3a; Division of Labor, weights and measures.
• W. Va. Code §§29-22-10, 29-22B-504 and 29-22B-1101.

This page summarizes official sources as of October 2026. It is not legal advice. Fees and rules change, so confirm each one with the agency before you apply.