H. B. 2719
(By Delegates Morgan and Doyle)
[Introduced February 20, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §11-16-3 of the Code of West Virginia,
1931, as amended, relating to increasing the maximum alcohol
level in the state 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
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) "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) "Person" shall mean means
and include includes an
individual, firm, partnership, limited partnership, association or
corporation.
(8) "Resident brewer" shall mean means
any person, firm,
association, partnership, or corporation whose principal place of
business is within the state.
(9) "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) "Tax Commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.
NOTE: The purpose of this bill is to increase the maximum
alcohol level in the state 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.
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