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Introduced Version House Bill 2719 History

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Key: Green = existing Code. Red = new code to be enacted
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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