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 nine 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 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 and include an individual, firm, partnership, limited partnership, association or corporation.
(8) "Resident brewer" shall mean any person, firm, association, partnership, or corporation whose principal place of business is within the state.
(9) "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.