ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2719
(By Delegates Morgan and Doyle)
[Passed April 10, 2009; in effect ninety days from passage.]
AN ACT 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" 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" 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" means
the West Virginia Alcohol Beverage
Control Commissioner.
(4) "Distributor" 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" 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 nine and six-tenths of alcohol by weight,
or 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.
(7) "Original container" means
the container used by the
brewer at the place of manufacturing, bottling or otherwise
producing nonintoxicating beer for sale at wholesale.
(8) "Person" means
and includes an individual, firm,
partnership, limited partnership, association or corporation.
(9)
"Resident brewer" means
any person, firm, association,
partnership, or corporation whose principal place of business is
within the state.
(10)
"Retailer" 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.
(11)
"Tax Commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.