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Can I offer discounts or promotions without violating pricing laws in West Virginia? What are the requirements?
Discounts and Promotions in West Virginia
In West Virginia, there are no specific laws that prohibit offering discounts or promotions as long as they are not discriminatory or deceptive [1.1]. However, it is important to ensure that any discounts or promotions offered comply with other relevant laws and regulations.
Licensing Requirements
If you are a retailer conducting a sale of any goods, wares, or merchandise which is a “closing-out sale,” “a sale of goods damaged by fire, smoke or water,” or a “defunct business sale,” you must obtain a license from the commissioner as provided in WVCO 47-11B-3 [3.5]. Additionally, no license shall be issued unless the applicant files with the commissioner a bond with corporate surety payable to the State of West Virginia conditioned upon the faithful observance of all the provisions of this article [3.2].
Other Relevant Laws
It is unlawful for a distributor to discriminate in price, sales agreements, terms or services offered to retailers, licensees or to any licensee under article seven of this chapter [2.2]. A wine specialty shop with a current active license and in good standing with the commissioner may apply for the additional license privilege of delivering wine with a gift basket, to the purchaser or other person designated by the purchaser, as provided in WVCO 60-8-6b [2.5].
Conclusion
In summary, as long as your discounts or promotions are not discriminatory or deceptive and comply with other relevant laws and regulations, you can offer them without violating pricing laws in West Virginia. If you are unsure about the legality of your discounts or promotions, it is recommended that you consult with a legal professional.
Source(s):
- [1.1] Prohibited unfair pricing practices.
- [2.2] Other unlawful acts.
- [3.2] Bond required.
- [2.5] Deliveries by licensed wine specialty shop.
- [3.5] License required; exceptions.
Jurisdiction
West Virginia