W. Va. Code R. § 175-10-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 175-10-2 - Definitions

2.1 The "ABCA" refers to the West Virginia Alcohol Beverage Control Administration or Commission.

2.2. "Alcoholic liquor" or "liquor" means alcohol, beer, fortified wine, and distilled spirits, and any liquid or solid (including powdered alcohol) capable of being used as an alcoholic beverage, but shall not include wine with an alcohol content of 14% or less by volume, nonintoxicating beer, or nonintoxicating beverages.

2.3. "Bailment" for purposes of this rule means a warehousing method whereby the transfer of possession through actual or constructive delivery, but not ownership, to the Commissioner, of alcoholic liquors manufactured at a distillery, mini-distillery, or micro-distillery which is available as bailment inventory for purchase by licensed retail outlets or a distillery, mini-distillery, or micro-distillery with all applicable markups, fees, and taxes as provided by the West Virginia Code and West Virginia Code of State Rules. Alcoholic liquors actually possessed in bailment by the Commissioner are delivered to retail outlets and distilleries, mini-distilleries, and micro-distilleries located in the state of West Virginia.

2.4. "Beer" 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, including nonintoxicating craft beer, and shall be included in the definition of "liquor" and "alcoholic liquor", as used in W. Va. Code § 11-16-1et seq.: Provided, That in Chapter 60 of the West Virginia Code, "beer" shall not be construed to include or embrace nonintoxicating beer or nonintoxicating craft beer.

2.5. "Class A retail license" means a retail license permitting the retail sale of West Virginia product or alcoholic liquors at a freestanding liquor retail outlet, subject to the requirements of the West Virginia Code and Code of State Rules.

2.6. "Class B retail license" means a retail license permitting the sale of West Virginia product or alcoholic liquors at a mixed retail liquor outlet, subject to the requirements of the West Virginia Code and Code of State Rules.

2.7. "Commissioner" refers to the Commissioner of the West Virginia Alcohol Beverage Control Administration or Commission.

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 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 and as licensed under Chapter 60 of the West Virginia Code.

2.10. "Fortified wine" means any wine to which brandy or other alcohol has been added. For purposes of this rule, "fortified wine" includes dessert wines which are not fortified but which have an alcohol content by volume of at least 14.1% alcohol by volume and not more than 16% alcohol by volume.

2.11. "Gallon" means the liquid measure equivalent to the volume of 231 cubic inches.

2.12. "Licensed representative" means a manufacturer's representative licensed by the ABCA, who has paid the fee under the provisions of W. Va. Code § 60-4-22 or a broker authorized, in writing, by a manufacturer (including a distillery, mini-distillery, or micro-distillery) to represent the manufacturer's product in the State of West Virginia and who has paid the same fee to the ABCA. A licensed representative may contact a licensed retailer for the purpose of selling, offering to sell, soliciting, negotiating, or promoting the sale of alcoholic liquor or distilled spirits, or conducting surveys, studies or similar activities pertaining to the sale, distribution or availability of alcoholic liquors or distilled spirits as set forth in this rule.

2.13. "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor or wine.

2.14. "Manufacturer" means any person engaged in the manufacture of any alcoholic liquor or wine, among others and including, but not limited to, a producer, broker, processor, bottler, importer, distiller, rectifier, winemaker, or brewer.

2.15. "Micro-distillery" or "Micro-distiller" means an establishment where in any one year no more than 10,000 gallons of alcoholic liquor is manufactured and no more than 25% of raw agricultural products used in manufacture or production may originate from outside this state. A micro-distillery is limited to selling alcoholic liquors manufactured by it, only in this state, in accordance with the provisions of W. Va. § 60-4-3, § 60-6-2 and § 60-3A-1et seq., as applicable.

2.16. "Mini-distillery" or "Mini-distiller" means an establishment where in any year no more than 50,000 gallons of alcoholic liquor is manufactured with no less than 25% of raw agricultural products being produced by the owner of the mini-distillery on the licensed premises of that establishment (which is one location or address) physically located in West Virginia, and no more than 25% of raw agricultural products originating from any source outside this state: Provided, That the maximum allotted production amounts shall not exceed the annual incremental production limitations provided in W. Va. Code § 60-4-3a: Provided, however, That a distillery licensed and operating as of July 8, 2005, that applies for designation by the Commissioner as a mini-distillery, is eligible to be licensed as a mini-distillery without compliance with the requirements for the percentage use of on-premises grown and in-state raw agricultural products.

2.17. "Nonintoxicating beer" means all natural 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 nonintoxicating craft beers with no caffeine infusion or any additives masking or altering the alcohol effect containing at least.5% alcohol by volume, but not more than 11.9% of alcohol by weight, or 15% by volume, whichever is greater. The word "liquor" as used in W. Va. Code § 60-1-1et seq., does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures, or preparations included within this definition. For the purposes of this definition "infusion" means and includes to artificially add, input or otherwise deliver caffeine or any other additive, not a true flavoring or coloring, that would mask or alter the alcohol effect in nonintoxicating beer.

2.18. "Nonintoxicating craft beer" means any beverage obtained by the natural fermentation of barley, malt, hops, or any other similar product or substitute and containing not less than 0.5% by volume and not more than 15% alcohol by volume or 11.9% alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect. For the purposes of this definition "infusion" means and includes to artificially add, input, or otherwise deliver caffeine or any other additive, not a true flavoring or coloring, that would mask or alter the alcohol effect in nonintoxicating craft beer.

2.19. "Proof gallons" means a gallon of liquid at 60 degrees Fahrenheit which contains 50% by volume of ethyl alcohol having a specific gravity of 0.7939 at 60 degrees Fahrenheit referred to water at 60 degrees Fahrenheit as unity, or the alcoholic equivalent thereof.

2.20. "Retail outlet" means a specific location or store where West Virginia product or alcoholic liquors may be lawfully sold by a Class A retail license or Class B retail license in the original package for consumption off the premises.

2.21. "West Virginia product" means all bourbon, brandy, cognac, cordials, gin, grain alcohol, rye, rum, scotch, tequila, vermouth, vodka, whisky, apertifs, pre-mixed cocktails, fortified wines, spirit blends, marsala, sake, sherry, and all other liquor types and classes as approved by the Commissioner and maintained on the ABCA retail liquor product list.

2.22. "Wine" means any alcoholic beverage, including table wine, obtained by the natural fermentation of the natural content of grapes, other fruits, or honey or other agricultural products containing sugar to which no alcohol has been added. The term wine does not include fortified wine, nonintoxicating beer or nonintoxicating craft beer. For purposes of this rule, "wine" includes wine coolers and similar beverages containing not less than 0.5% nor more than 7% alcohol by volume. (See subsection 2.1. for alcohol content percentage).

2.23. "Year" for purposes of gallons produced and sold shall mean a calendar year.

W. Va. Code R. § 175-10-2