ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 3105
(By Delegate Doyle)
(Originating in the Committee on Finance)
[April 5
, 2001]
A BILL to amend and reenact section three, article sixteen, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to defining nonintoxicating
beer.
Be it enacted by the Legislature of West Virginia:
That section three, article sixteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§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 percent of alcohol by weight, or
six 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) "Fortified beer" shall mean 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, all of which is
hereby declared to be nonintoxicating and the words "liquor and
wine" as used in article one, chapter sixty et. seq. 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.
(7) "Original container" shall mean the container used by the
brewer at the place of manufacturing, bottling and otherwise
producing nonintoxicating beer for sale at wholesale.
(8) "Person" shall mean and include an individual, firm,
partnership, limited partnership, association or corporation.
(9) "Resident brewer" shall mean any person, firm,
association, partnership, or corporation whose principal place of
business is within the state.
(10) "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 established and licensed place of business.
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