COMMITTEE SUBSTITUTE
FOR
H. B. 2719
(By Delegates Morgan and Doyle)
(Originating in the Committee on the Judiciary)
[March 6, 2009]
A BILL to amend and reenact §11-16-3 of the Code of West Virginia,
1931, as amended, relating to "nonintoxicating beer"; defining
"nonintoxicating craft beer"; including "nonintoxicating craft
beer with the definition of "nonintoxicating beer"; and
increasing the maximum alcohol level in the stated definition
of "nonintoxicating 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 include 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
nonintoxicating craft beers containing at least one half of one
percent alcohol by volume, but not more than four and two-tenths
nine and six-tenths 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) "Nonintoxicating craft beer" means any beverage obtained by the fermentation of barley, malt, hops or any other similar
product or substitute and containing not less than one half of one
percent by volume and not more than twelve percent alcohol by
volume or nine and six tenths percent alcohol by weight.
(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 include 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.
(10)(11)
"Tax Commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.