H. B. 3083
(By Delegates Doyle and Wells)
[Introduced March 17, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §11-16-3 of the Code of West Virginia,
1931, as amended, relating to including fortified beer within
the definition of nonintoxicating beer; and defining fortified
beer.
Be it enacted by the Legislature of West Virginia:
That §11-16-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context
clearly requires differently:
(1) "Brewer" or "manufacturer"
shall mean means any person,
firm, association, partnership or corporation manufacturing,
brewing, mixing, concocting, blending, bottling or otherwise
producing or importing or transshipping from a foreign country nonintoxicating beer for sale at wholesale to any licensed
distributor.
(2) "Brewpub"
shall mean means a place of manufacture of
nonintoxicating beer owned by a resident brewer, subject to federal
regulations and guidelines, a portion of which premises are
designated for retail sales.
(3) "Commissioner"
shall mean means the West Virginia alcohol
beverage control Commissioner.
(4) "Distributor"
shall mean means and includes any person
jobbing or distributing nonintoxicating beer to retailers at
wholesale and whose warehouse and chief place of business shall be
within this state.
(5) "Nonintoxicating beer"
shall mean means all cereal malt
beverages or products of the brewing industry commonly referred to
as beer, lager beer, ale and all other mixtures and preparations
produced by the brewing industry, including malt coolers and
containing at least one half of one percent alcohol by volume, but
not more than four and two-tenths percent of alcohol by weight, or
six percent by volume, whichever is greater,
and fortified beer as
defined by this section, all of which are hereby declared to be
nonintoxicating, and the word "liquor" as used in chapter sixty of
this code shall not be construed to include or embrace
nonintoxicating beer nor any of the beverages, products, mixtures
or preparations included within this definition.
(6) "Fortified beer" means all cereal malt beverages or
products of the brewing industry commonly referred to as beer,
lager beer, barley beer, ale and all other mixtures and
preparations produced by the brewing industry, including malt
coolers and containing not less than six percent alcohol by volume
nor more than nine percent alcohol by volume.
(6)(7) "Original container"
shall mean means the container
used by the brewer at the place of manufacturing, bottling or
otherwise producing nonintoxicating beer for sale at wholesale.
(7) (8) "Person"
shall mean means and includes an individual,
firm, partnership, limited partnership, association or corporation.
(8) (9) "Resident brewer"
shall mean means any person, firm,
association, partnership, or corporation whose principal place of
business is within the state.
(9) (10) "Retailer"
shall mean means any person selling,
serving, or otherwise dispensing nonintoxicating beer and all
products regulated by this article, including, but not limited to,
any malt cooler, at his
or her established and licensed place of
business.
NOTE: The purpose of the bill is to include fortified beer
within the definition of nonintoxicating beer
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.