Senate Bill No. 739
(By Senator Chafin)
____________
[Introduced February 18, 2008; 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 the 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 and include means and includes
any person jobbing or distributing nonintoxicating beer to
retailers at wholesale and whose warehouse and chief place of
business
shall be is 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 percent 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 does not 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 change the definition of
nonintoxicating beer so that craft beers are included.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
