H. B. 4629
(By Delegate Kominar, White, Brown, Walters,
Cann and Manchin)
[Introduced February 22, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-1-5 and §60-1-7 of the Code of West
Virginia, 1931, as amended, all relating to wine; excluding
wine from the definitions of alcoholic liquor and intoxicating
liquor; and excluding wine from the applicability of certain
provisions of chapter sixty of the code.
Be it enacted by the Legislature of West Virginia:
That §60-1-5 and §60-1-7 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5. Definitions.
For the purposes of this chapter:
"Alcohol"
shall mean means ethyl alcohol whatever its origin
and
shall include includes synthetic ethyl alcohol but not
denatured alcohol.
"Beer"
shall mean means any beverage obtained by the
fermentation of barley, malt, hops, or any other similar product or
substitute, and containing more alcohol than that of
nonintoxicating beer.
"Nonintoxicating beer"
shall mean means any beverage, obtained
by the fermentation of barley, malt, hops, or similar products or
substitute, and containing not more alcohol than that specified by
section two, article sixteen, chapter eleven of this code.
"Wine"
shall mean means any alcoholic beverage obtained by the
fermentation of the natural content of fruits, or other
agricultural products, containing sugar.
"Spirits"
shall mean means any alcoholic beverage obtained by
distillation and mixed with potable water and other substances in
solution, and includes brandy, rum, whiskey, cordials and gin.
"Alcoholic liquor"
shall include or "intoxicating liquor"
includes alcohol, beer,
wine and spirits, and any liquid or solid
capable of being used as a beverage, but
shall does not include
nonintoxicating beer
or wine.
"Original package"
shall mean means any closed or sealed
container or receptacle used for holding alcoholic liquor.
"Sale"
shall mean means any transfer, exchange or barter in
any manner or by any means, for a consideration, and
shall include
includes all sales made by principal, proprietor, agent or employee.
"Selling"
shall include includes solicitation or receipt of
orders; possession for sale; and possession with intent to sell.
"Person"
shall mean means an individual, firm, partnership,
limited partnership, corporation or voluntary association.
"Manufacture" means to distill, rectify, ferment, brew, make,
mix, concoct, process, blend, bottle, or fill an original package
with any alcoholic liquor.
"Manufacturer"
shall mean means any person engaged in the
manufacture of any alcoholic liquor, and among others includes a
distiller, a rectifier, a wine maker and a brewer.
"Brewery"
shall mean means an establishment where beer is
manufactured or in any way prepared.
"Winery"
shall mean means an establishment where wine is
manufactured or in any way prepared.
"Distillery"
shall mean means an establishment where alcoholic
liquor other than wine or beer is manufactured or in any way
prepared.
"Public place"
shall mean means any place, building or
conveyance to which the public has, or is permitted to have access,
including restaurants, soda fountains, hotel dining rooms, lobbies,
and corridors of hotels and any highway, street, lane, park or
place of public resort or amusement:
Provided, That the term "public place"
shall not mean or does not include any of the above-
named places or any portion or portions thereof which qualify and
are licensed under the provisions of this chapter to sell alcoholic
liquors for consumption on the premises.
"State liquor store"
shall mean means a store established and
operated by the commission under this chapter for the sale of
alcoholic liquor in the original package for consumption off the
premises.
"An agency"
shall mean means a drugstore, grocery store or
general store designated by the commission as a retail distributor
of alcoholic liquor for the West Virginia Alcohol Beverage Control
Commissioner.
"Department"
shall mean means the organization through which
the commission exercises powers imposed upon it by this chapter.
"Commissioner" or "Commission"
shall mean means the West
Virginia Alcohol Beverage Control Commissioner.
"Intoxicated"
shall mean means having one's faculties impaired
by alcohol or other drugs to the point where physical or mental
control or both are markedly diminished.
§60-1-7. Applicability of chapter to nonintoxicating beer and
wine.
(a) The provisions of this chapter do not apply to
nonintoxicating beer except as is otherwise specifically provided.
(b) The provisions of this chapter do not apply to wine except
as is otherwise specifically provided. This subsection does not
apply to any provision of article eight of this chapter.
NOTE: The purpose of this bill is to exclude wine from the
definition of alcoholic or intoxicating liquor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.