West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-06 - Bailment Policies and Procedures › Section 175-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As 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.