H. B. 2934
(By Delegates Morgan and Webster)
[Introduced January 9, 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 adding "craft beer" to 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 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) "Craft beer" means any beverage obtained by the
fermentation of barley, malt, hops or any other similar product or
substitute and containing not less than six percent and not more
than fifteen percent alcohol by volume. All beverages within the
definition of craft beer shall bear a label clearly indicating the
alcohol content of the beverage.
(4) (5) "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.
(6) "Malt Cooler" means a flavored malt beverage made from a
base of malt beverage and flavored with fruit juices, aromatics and
essences of other flavoring 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
.
(5) (7) "Nonintoxicating beer" shall mean all cereal malt
beverages or products of the brewing industry commonly referred to as beer, lager beer, ale, craft beer, malt coolers 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, 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) (8) "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) (9) "Person" shall mean and include an individual, firm,
partnership, limited partnership, association or corporation.
(8) (10) "Resident brewer" shall mean any person, firm,
association, partnership, or corporation whose principal place of
business is within the state.
(9) (11) "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 or her established and licensed place of business.
(10) (12) "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 add "craft beer" to the
state definition of "nonintoxicating beers".
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.