West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-02 - Private Club Licensing › Section 175-2-2 - 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 apply in the singular and in the plural.
2.1 The "ABCA" refers to the West Virginia
				Alcohol Beverage Control Administration or Commission.
2.2. "Alcoholic liquor" means alcohol, beer,
				including barley beer, wine, including barley wine and distilled spirits, and
				any liquid or solid capable of being used as a beverage, but does not include
				wine with an alcohol content of 14% or less by volume, nonintoxicating beer or
				nonintoxicating craft beer, or nonintoxicating beverages.
2.3. "Applicant" means a private club
				applying for a license under the provisions of W. Va. Code §
									60-7-1
et
				seq
.
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 or nonintoxicating craft beer and shall be included in the
				definition of "liquor" and "alcoholic liquor", as used in W.Va. Code §
									11-16-1
et seq
.:
Provided,
That in the Liquor Control Act, "beer" shall not be
				construed to include or embrace nonintoxicating beer or nonintoxicating craft
				beer.
2.5. "Code" means the
				official Code of West Virginia, 1931, as amended.
2.6. "Commissioner" or "Alcohol Beverage
				Control Commissioner" means the Commissioner of the West Virginia Alcohol
				Beverage Control Administration (ABCA or Commission) or his or her
				delegate.
2.7. Commissioner's
				Forms: "ABCA" form designation means documents used by ABCA.
2.8. "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 including,
				but not limited to, natural spirits, whiskey, brandy, rum, gin, vodka,
				cordials, and liqueurs. Any alcoholic beverage containing more than 24% of
				alcohol by volume shall be deemed to be distilled spirits.
2.9. "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 14% alcohol by volume.
2.10. "Growler" means a container or jug that
				is made of glass (also a 32 ounce glass container, referred to as a howler),
				ceramic, metal (also a canned type of metal growler referred to as a crowler)
				or other material approved by the Commissioner, that may be no larger than 128
				fluid ounces in size and must be capable of being securely sealed. The growler
				is utilized by an authorized licensee for purposes of off-premises sales only
				of nonintoxicating beer or nonintoxicating craft beer for personal consumption
				not on a licensed premises and not for resale. A securely sealed growler is not
				an open container under state and local law. A growler with a broken seal is an
				open container under state and local law unless it is located in an area of the
				motor vehicle physically separated from the passenger compartment. The secure
				sealing of a growler requires the use of a tamper-evident seal, shrink wrap, or
				other material, as approved by the Commissioner, placed on or over the
				growler's opening. The seal, shrink wrap, or other material must be clearly
				marked with the date of the secure sealing by the authorized licensee who is
				selling the growler. Additional requirements are set forth in W. Va. Code
				§
									60-8-1
et seq
.,
				for wine growlers, and in W. Va. Code §
									60-7-1
et seq
.,
				and this rule for craft cocktail growlers.
2.11. "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.
2.12. "Nonintoxicating beer" means any
				beverage, obtained by the fermentation of barley, malt, hops, or similar
				products or substitute and containing at least one-half of one percent (.5%)
				alcohol by volume, but not more than 11.9% of alcohol by weight, or 15% by
				volume, whichever is greater, with no caffeine infusion or any additives
				masking or altering the alcohol effect. The word "liquor" as used in W. Va.
				Code §
									60-1-1
et 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.
2.13.
				"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 5% percent 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 any artificially added, input, or otherwise
				delivered caffeine or any other additive, not a true flavoring or coloring,
				that would mask or alter the alcohol effect in nonintoxicating craft
				beer.
2.14. "Liquor Control Act"
				means Chapter 60 of the Code.
2.15.
				"Manager" means an individual who is the applicant's or licensee's on-premises
				employee, member, partner, shareholder, director, or officer who meets the
				licensure requirements of W. Va. §
									60-7-1
et seq
.
				and rules promulgated thereunder who actively manages, conducts, and carries on
				the day-to-day operations of the applicant or licensee with full and apparent
				authority or actual authority to act on behalf of the applicant or licensee.
				Such duties include but are not limited to: coordinating staffing; reviewing
				and approving payroll; ordering and paying for inventory, such as
				nonintoxicating beer, wine, and liquor, as applicable; and managing security
				staff, security systems, video, and other security equipment; and any further
				acts or actions involved in managing the affairs of the business, on behalf of
				owners, partners, members, shareholders, officers, or directors.
2.16. "Market zone" means the geographical
				area designated as such by the Retail Liquor Licensing Board for the purpose of
				issuing retail liquor outlet licenses.
2.17. "Person" means an individual, firm,
				partnership, limited partnership, corporation, limited liability company, or
				voluntary association.
2.18.
				"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, places that sell food, for consumption on
				or off the premises including, but not limited to, vessels, parks, airports,
				and any highway, street, lane, park, or place of public resort or amusement:
Provided
, That the term "public place" does not mean or
				include any of the above-named places or any portion or portions thereof which
				qualify and are licensed by the Commissioner to sell alcoholic liquors for
				consumption on the premises, nor shall the term "public place" mean or include
				any legally demarcated area designated solely for the consumption of beverages
				and freshly prepared food that directly connects and adjoins any portion or
				portions of a premises that qualifies and is licensed under the provisions of
				Chapter 60 of the West Virginia Code to sell alcoholic liquors for consumption
				thereupon, which may include certain legally demarcated deck areas or other
				areas that meet the requirements specified in this proviso and further that
				legal demarcation includes, but is not limited to, ABCA rules; local
				ordinances; county zoning requirements; Americans with Disabilities Act
				requirements; State Fire Marshal requirements; any other applicable laws,
				including, but not limited to, state and federal law; public safety
				requirements and so forth:
Provided however
, That the term
				"public place" also does not include a facility constructed primarily for the
				use of a Division I, II, or III college that is a member of the National
				Collegiate Athletic Association, or its successor, and used as a football,
				basketball, baseball, soccer or other Division I, II, or III sports stadium and
				also which holds a special license to sell wine pursuant to the provisions of
				W.Va. Code §
									60-8-3, in the designated areas of
				sale and consumption of wine and other restrictions established by that section
				and the terms of the special license issued thereunder.
2.19. "Private Caterer" means a licensed
				private club restaurant authorized by the Commissioner to cater and serve food
				and sell and serve alcoholic liquors, or non-intoxicating beer, or
				non-intoxicating craft beer. A private caterer shall purchase wine sold or
				served at a catering event from a wine distributor. A private caterer shall
				purchase nonintoxicating beer and nonintoxicating craft beer sold or served at
				the catering event from a licensed beer distributor. A private caterer shall
				purchase liquor from a retail liquor outlet authorized to sell in the market
				zone, where the catering event is held. The private caterer or the persons or
				entity holding the catering event shall:
2.19.1. Have at least 10 members and guests
				attending the catering event;
2.19.2. Have obtained an open container
				waiver, be conducted inside a person's private home in accordance with W.Va.
				Code §
										60-6-1, or have otherwise been
				approved by a municipality or county in which the event is being
				held;
2.19.3. Operate a private
				club restaurant on a daily operating basis;
2.19.4. Only use its employees, independent
				contractors, or volunteers to sell and serve alcoholic liquors who have
				received certified training in verifying the legal identification, the age of a
				purchasing person, and the signs of visible, noticeable, and physical
				intoxication;
2.19.5. Provide to
				the Commissioner, at least 7 days before the event is to take place:
2.19.5.a. The name and business address of
				the unlicensed private venue where the private caterer is to provide food and
				alcohol for a catering event, which can be an unlicensed business or a private
				home;
2.19.5.b. The name of the
				owner or operator of the unlicensed private venue;
2.19.5.c. A copy of the contract or contracts
				between the private caterer, the person contracting with the caterer, and the
				unlicensed private venue;
2.19.5.d.
				A floorplan of the unlicensed private venue to comprise the private catering
				premises, which shall only include spaces in buildings or rooms of an
				unlicensed private venue where the private caterer has control of the space for
				a set time period where the space safely accounts for the ingress and egress of
				the stated members and guests who will be attending the private catering event
				at or on the catering premises. The unlicensed private venue's floorplan during
				the set time period as stated in the contract shall comprise the private
				caterer's licensed premises, which is authorized for the lawful sale, service,
				and consumption of alcoholic liquors, nonintoxicating beer and nonintoxicating
				craft beer, and wine throughout the licensed private catering premises;
Provided
, that the unlicensed private venue shall:
2.19.5.d.1. Be inside a building or
				structure;
2.19.5.d.2. Have other
				facilities to prepare and serve food and alcohol;
2.19.5.d.3. Have adequate restrooms, and
				sufficient building facilities for the number of members and guests expected to
				attend the private catering event; and
2.19.5.d.4. Otherwise be in compliance with
				health, fire, safety, and zoning requirements.
2.19.6. Not hold more than 15 private
				catering events per calendar year. Upon reaching the 16th event, the unlicensed
				venue shall obtain its own private club license type;
2.19.7. Submit to the Commissioner, evidence
				that any noncontiguous area of an unlicensed venue is within 150 feet of the
				private caterer's submitted floorplan, and may submit a floorplan extension for
				authorization to permit alcohol and food at an outdoor event;
2.19.8. Meet and be subject to all other
				private club requirements, as applicable; and
2.19.9. Use an age verification system
				approved by the Commissioner.