West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-05 - Licensing Of Retail Outlets › Section 175-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed herein, and shall apply in the singular and the plural.
2.1. "Active retail license" means a current license for a retail outlet that has been open and in continuous operation for a period of not less than 12 months prior to July 1, 2010, or July 1st for every ten year license period thereafter.
2.2. "Active retail licensee" means a person who holds an active retail license as of June 2, 2009, that person's successor or any person who holds and operates an active retail license when it expires at the end of a ten-year period.
2.3. "Alcohol" means ethyl alcohol, whatever its origin, and shall include synthetic ethyl alcohol but not denatured alcohol.
2.4. "Alcohol Beverage Control Commission," or "ABCC", or "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner or his or her designee.
2.5. "Alcoholic liquor" or "liquor" means alcohol, beer, fortified wine and distilled spirits, and any liquid or solid capable of being used as an alcoholic beverage, but shall not include wine with an alcohol content of fourteen percent (14%) or less by volume, nonintoxicating beer or nonintoxicating beverages.
2.6. "Alcohol-related products" means any non-alcoholic beer or beverages; non-alcoholic mixers; decanters; glass or plastic cups; openers, corks, or stoppers; gift bags; books, magazines or novelties; traditional West Virginia lottery products, such as: instant games, Keno, Powerball, Hot Lotto, daily games and Cash 25, but not limited video lottery; or such other alcohol related items as determined by the Commissioner, on a case by case basis, after receipt of a written request from an active retail licensee which must be sent to the Commissioner's office via certified mail.
2.7. "Applicant" means any person who elects to pay a purchase option for a Class A license, who bids for a retail license or who seeks the Commissioner's approval to purchase or otherwise acquire a retail license from a retail licensee, in accordance with the provisions of the Retail Liquor Licensing Act and this rule.
2.8. "Application" means the form prescribed by the Commissioner which must be filed with the Commissioner by any person bidding for a retail license.
2.9. "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 chapter eleven, article sixteen and in chapter sixty of the code and shall not be construed to include or embrace nonintoxicating beer or nonintoxicating craft beer.
2.10. "Board" means the retail liquor licensing board created by W. Va. Code §
									60-3A-5.
2.11. "Class A retail license" means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet.
2.12. "Class B retail license" means a retail license permitting the sale of liquor at a mixed retail liquor outlet.
2.13. "Current licensee" means a person who holds and operates a retail license on June 2, 2009, on June 2 of the year prior to the end of every ten year license period thereafter or that person's successor or any person who holds and operates a retail license when it expires at the end of a ten-year (10) period.
2.14. "Designated areas" mean one or more geographic areas within a market zone designated by the Board.
2.15. "Displayed inventory" means the current inventory of West Virginia product in the quantity as required for a Class A retail license or a Class B retail license that is available for sale in the set square footage of retail floor space of a retail outlet as established for a freestanding liquor retail outlet or a mixed retail liquor outlet and in sufficient quantities to service consumer demand at the retail outlet.
2.16. "Distilled spirits" means ethyl alcohol, ethanol or spirits, or wine, 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, natural spirits, whiskey, brandy, rum, gin, vodka, cordials and liqueurs. Any alcoholic beverage or other food product containing more than twenty-four percent (24%) of alcohol by volume shall be deemed to be distilled spirits.
2.17. "Deferred payment financing option" means the deferred payment financing available to active retail licensees who elect the purchase option and operate or seek to operate a freestanding liquor retail outlet and requires a down payment and either monthly or quarterly installment payments, plus interest, to pay the balance due in the first five (5) years or sixty (60) months of the ten-year license period.
2.18. "Executive officer" means the president or other principal officer, partner or member of an applicant or retail licensee, any vice president or other principal officer, partner or member of an applicant or retail licensee in charge of a principal business unit or division, or any other officer, partner or member of an applicant or retail licensee who performs a policy making function.
2.19. "Freestanding liquor retail outlet" means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products.
2.20. "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%) of alcohol by volume.
2.21. "Intoxicated" means having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
2.22. "Inventory" means the inventory of West Virginia product available at a retail outlet that is maintained in non-retail floor space of the retail outlet.
2.23. "Liquor" means alcoholic liquor that includes alcohol, beer, wine and distilled spirits, and any liquid or solid capable of being used as a alcoholic beverage or food product, but shall not include nonintoxicating beer and also includes wine which means any alcoholic beverage obtained by the natural fermentation of the natural content of grapes, other fruits or honey or other agricultural products containing sugar and to which no alcohol has been added and shall include table wine, and shall exclude fortified wine and shall also exclude any product defined as or embraced within the definition of nonintoxicating beer; and shall include fortified wine which shall mean any wine to which brandy or other alcohol has been added and shall include dessert wines which are not fortified.
2.24. "Lineal descendant" means that kind of consanguinity which subsists between persons of whom one is descended in a direct line from the other; as between a particular person and his father, grandfather, great-grandfather and so upward, in the direct ascending line; or between the same person and his son, grandson, great-grandson, and so downwards in the direct descending line.
2.25. "Market zone" means a geographical area designated as such by the Board for the purpose of issuing retail licenses.
2.26. "Mixed retail liquor outlet" means a retail outlet that sells liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products, in addition to convenience and other retail products.
2.27. "Nonintoxicating beer" means any cereal malt beverages or products of the brewing industry commonly referred to as beer, lager, ale and all other mixtures and preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers containing at least one half of one percent (.5%) alcohol by volume, but not more that nine and six-tenths percent (9.6%) of alcohol by weight, or twelve percent (12%) of alcohol by volume, whichever is greater, all of which are declared to be nonintoxicating beer and the word "liquor" as used in W. Va. Code §
									60-1-1,
et seq
., shall not be construed to include or embrace nonintoxicating beer or any of the beverages, products, mixtures or preparations included within this definition.
2.28. "Nonintoxicating 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 one half of one percent (.5%) by volume and not more than twelve percent (12%) alcohol by volume or nine and six-tenths (9.6%) percent alcohol by weight.
2.29. "Original package" means any closed or sealed container or receptacle used for holding alcoholic liquor.
2.30. "Person" means an individual, firm, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature.
2.31. "Public place" means any place, building or conveyance to which the public has, or is permitted to have access, including but not limited to, establishments that provide lodging and/or sell food for consumption on or off the premises, 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 §
									60-1-1,
et seq
. to sell alcoholic liquors for consumption on the premises.
2.32. "Purchase option" means the choice provided to all active retail licensees who operate or seek to operate a Class A retail license or freestanding liquor retail outlet, and who elect, in advance of bidding licenses, to pay ten percent over and above the minimum bid set by the Board for such licensee's active retail license, all subject to the requirements of this rule.
2.33. "Retail license" means a license issued under the provisions of W. Va. Code §
									60-3A-1,
et seq
., and this rule, permitting the sale of liquor at retail.
2.34. "Retail licensee" means the holder of a retail license.
2.35. "Retail outlet" means a specific location or store where West Virginia product may be lawfully sold by a retail licensee in the original package for consumption off the premises.
2.36. "Secretary" means the Secretary of the West Virginia Department of Revenue.
2.37. "State" means the State of West Virginia.
2.38. "Tobacco-related products" means tobacco; snuff; chew tobacco; pipe tobacco, cigarettes, specialty cigarettes; cigars; pipes; hookahs; rolling papers; matches; lighters; lighter fluid; tobacco water; tobacco topical paste; cigar cutters or punches; humidors and products to maintain a humidor; nicotine gum; smoking prevention products; smoke cleaning products or smoke smell erasing products; other tobacco-related products or accessories; or such other tobacco-related items as determined by the Commissioner, on a case by case basis, after receipt of a written request from an active retail licensee which must be sent to the Commissioner's office via certified mail.
2.39. "TTB" means U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau.
2.40. "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 ABCC retail liquor product list.
2.41. "Wine" means any beverage obtained by the fermentation of the natural content of fruits, or other agricultural products, containing sugar and to which no alcohol has been added, 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 containing not less than seven percent (7%) nor more than twenty-four percent (24%) alcohol by volume.