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Introduced Version House Bill 3083 History

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hb3083 intr
H. B. 3083


(By Delegates Doyle and Wells)
[Introduced March 17, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended, relating to including fortified beer within the definition of nonintoxicating beer; and defining fortified 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 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 percent of alcohol by weight, or six percent by volume, whichever is greater, and fortified beer as defined by this section, 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" means 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.
(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 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.


NOTE: The purpose of the bill is to include fortified beer within the 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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