West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-10 - Distilleries, Mini-Distillries And Micro-Distillries › Section 175-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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 §
									11-16-1
et 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-1
et 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 §
									60-1-1
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.
2.18. "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.