Current through Register Vol. XLI, No. 50, December 13, 2024
Section 175-6-2 - DefinitionsAs used in these regulations and unless the context clearly requires as different meaning, the following terms shall have the meaning ascribed herein, and shall apply in the singular and in the plural.
2.1. "Alcohol" means ethyl alcohol, whatever its origin, and shall include synthetic ethyl alcohol but not denatured alcohol.2.2. "Alcoholic liquor" or "liquor" means alcohol, beer, fortified wine and distilled spirits, and any liquid or solid capable of being used as a beverage, but shall not include wine having an alcohol content of fourteen percent (14%) or less, nonintoxicating beer or nonintoxicating beverages.2.3. "Alcohol Beverage Control Commissioner" or "ABCC" or "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner (Administrator) or his delegate.2.4. "Bailment" means the warehousing method whereby alcoholic liquors owned by the supplier are stored in the ABCC warehouse for subsequent shipment to retail liquor stores.2.5. "Case lot" means a complete case of distilled spirits.2.6. "Code" means the designation for a specific brand and container size of alcoholic liquor.2.7. "Department" shall mean the West Virginia Department of Tax and Revenue.2.8. "Distilled spirits" means ethyl alcohol, ethanol or spirits, including all dilutions and mixtures thereof, from whatever source or by whatever process produced, for beverage use, and shall include, but not be limited to, neutral spirits, whiskey, brandy, rum, gin, vodka, cordials and liqueurs. In addition to the foregoing, any alcoholic beverage containing more than twenty-four percent (24%) of alcohol by volume shall be deemed to be distilled spirits.2.9. "Distillery" or "distiller" means an establishment where alcoholic liquor other than wine and beer is manufactured or in any way prepared. 2.10. "Electronic funds transfer" or "EFT" means the transfer electronically of funds from one bank account to another bank account without the necessity of a personal or business check to initiate the transaction.2.11. "Fortified wine" means any wine to which brandy or other alcohol has been added and includes dessert wines which are not fortified and any wine containing greater than fourteen percent (14%) alcohol by volume.2.12. "Importer" means a person who brings in or carrys-in goods from a foreign county for the purpose of sale of such goods in this county.2.13. "Layer" or "layer quantity" means one layer of product cases on a pallet-type portable platform of wood or other material.2.14. "Licensed retailer" means the person licensed in accordance with W. Va. Code §60-3A to operate a retail liquor store.2.15. "Manufacture" means to distill, rectify, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor.2.16. "Manufacturer" means any person engaged in the manufacture of any alcoholic liquor, and among others includes a producer, processor, bottler, importer, broker, wholesaler, distributor, supplier, distiller, rectifier, winemaker or brewer.2.17. "Mixed case" or "split case" means a single full case of alcoholic liquors which is comprised of different brand names, different spirits, different proofs, etc.2.18. "Pallet" or "pallet quantity" means the cases of product which for purposes of shipment and storage are situated on portable platforms of wood or other material, such platforms being forty-eight inches (48") deep by forty inches (40") wide and capable of being moved by materials handling equipment such as a fork-lift; the layers of product cases on the platforms must be eight in number.2.19. "Neutral spirits" means ethyl alcohol of 190 proof or higher used especially for blending other alcoholic liquors.2.20. "Original package" means any closed or sealed container or receptacle used for holding alcoholic liquor.2.21. "Person" means any individual, partnership, joint stock company, business trust, association, corporation or other form of business enterprise, including a receiver, trustee or liquidating agent.2.22. "Product" means alcoholic liquors whether located in the ABCC warehouse or in retail liquor stores.2.23. "Public place" 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 include any of the above-named places or any portion or portions thereof which qualify and are licensed under the provisions of W. Va. Code Chapter 60 to sell alcoholic liquors for consumption on the premises.2.24. "Retail liquor store" means a store established and operated under the authority of W. Va. Code §§60-3 or 60-3A for the sale of alcoholic liquor in the original package for consumption off the premises.2.25. "Sale" means any transfer, exchange or barter in any manner or by any means, for a consideration, and shall include all sales made by principal, proprietor, agent or employee.2.26. "Selling" shall include solicitation or receipt of orders, possession for sale, or possession with intent to sell.2.27. "Supplier" means a person who sells or offers to sell, or solicits or negotiates the sale, of alcoholic liquors in West Virginia and the term may include manufacturers, distributors, distillers and importers.2.28. "Wine" means any alcoholic beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar, and includes, but is not limited to, still wines, champagne and other sparkling wines, carbonated wines, imitation wines, vermouth, cider, perry, sake or other product offered for sale or sold as wine.2.29. "Winery" means an establishment where wine is manufactured or in any way prepared.