COMMITTEE SUBSTITUTE
FOR
H. B. 2934
(By Delegates Morgan and Webster)
(Originating in the Committee on the Judiciary)
[February 20, 2008]
A BILL to amend and reenact §11-16-3 of the Code of West Virginia,
1931, as amended, increasing the maximum alcohol level in the
state definition of "non-intoxicating 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 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 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 the West Virginia Alcohol
Beverage Control Commissioner.
(4) "Distributor" shall mean and include 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 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 nine and six-tenths percent of
alcohol by weight, or six twelve percent by volume, whichever is
greater, 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) "Original container" shall mean the container used by the
brewer at the place of manufacturing, bottling or otherwise
producing nonintoxicating beer for sale at wholesale.
(7) "Person" shall mean and include an individual, firm,
partnership, limited partnership, association or corporation.
(8) "Resident brewer" shall mean any person, firm,
association, partnership, or corporation whose principal place of
business is within the state.
(9) "Retailer" shall mean 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.
(10) "Tax commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.