Current through Register Vol. XLI, No. 45, November 8, 2024
Section 175-1-2 - DefinitionsAs used in this rule, and unless the context clearly requires a different meaning, the following terms have the following meaning and apply in the singular and in 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. "Advertisement" means any audio, visual or other electronic display promoting alcoholic liquors through the medium of billboards, newspapers, magazines, or similar publications and display materials or equipment. The term advertisement does not include: 2.3.a. Any label, affixed to a container of alcoholic liquors or any individual covering, carton or other wrapper of the container, or2.3.b. Any editorial or other reading matter in any periodical or publication for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this rule.2.4. "Alcohol" means ethyl alcohol, whatever its origin, and includes synthetic ethyl alcohol but not denatured alcohol.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. The term alcoholic liquor does not include wine with an alcohol content of fourteen percent (14%) or less by volume, nonintoxicating beer or nonintoxicating beverages.2.6. "Alcohol Beverage Control Commission" or "ABCC" or "Commissioner" means the West Virginia Alcohol Beverage Control Commissioner (Administrator) or his or her designee.2.7. "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.2.8. "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, section sixteen and in chapter sixty of the West Virginia Code and shall not be construed to include or embrace nonintoxicating beer or nonintoxicating craft beer.2.9. "Brewery" means an establishment where beer is manufactured or in any way prepared. 2.10. "Case Lot" means a complete case of distilled spirits.2.11. "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 rules and code.2.12. "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 rules and code.2.13. "Department" means the West Virginia Department of Revenue.2.14. "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.2.15. "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 includes, but is not limited to, neutral spirits, whiskey, brandy, rum, gin, vodka, cordials and liqueurs. Any alcoholic beverage or other food product containing more than 24% of alcohol by volume is considered distilled spirits.2.16. "Distillery" or "distiller" means an establishment where alcoholic liquor other than wine and beer is manufactured or in any way prepared.2.17. "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.2.18. "Equipment" means all functional items such as tap boxes, glassware, pouring racks, and similar items used in the conduct of a retail licensee's business.2.19. "Federal law" means the laws and regulations of the United States and any court decisions interpreting them.2.20. "Freestanding liquor retail outlet" means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products.2.21. "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 fortified but which have an alcohol content by volume of at least fourteen and one-tenths percent (14.1%) and not exceeding sixteen percent (16%).2.22. "Immediate family" means and includes, but is not necessarily limited to: spouse, brother, sister, son, daughter, mother, mother-in-law, father, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt or cousin of a licensed retailer, a partner, and a corporation's directors, officers and employees.2.23. "Importer" means a person who brings in goods from a foreign country for sale in this country.2.24. "Intoxicated" means having one's faculties impaired by alcohol or other drugs to the point that physical or mental control or both are markedly diminished.2.25. "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.2.26. "Licensed representative" means a manufacturer's representative licensed and who has paid the fee under the provisions of W. Va. Code § 60-4-22 or a broker authorized, in writing, by a manufacturer to represent the manufacturer's product in the State of West Virginia and who has paid the same fee to the ABCC. 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.2.27. "Licensed retailer" means a person licensed under W. Va. Code § 60-3A-1, et seq. to operate a retail outlet holding a Class A retail license or Class B retail license and who must have computer(s) with web or internet access that meet ABCC requirements to order West Virginia product or alcoholic liquors from the ABCC's web or other internet based ordering system.2.28. "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor.2.29. "Manufacturer" means a person engaged in the manufacture of any alcoholic liquor, including, among others, a producer, bottler, importer, processor, broker, wholesaler, distributor, supplier, distiller, rectifier, winemaker or brewer.2.30. "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.2.31. "Neutral spirits" means ethyl alcohol of 190 proof or higher used especially for blending other alcoholic liquors.2.32. "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 than 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.2.33. "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.2.34. "Original package" means a closed or sealed container or receptacle used for holding alcoholic liquor.2.35. "Person" means an individual, partnership, joint stock company, business trust, association, limited liability company, corporation or other form of business enterprise, including a receiver, trustee or liquidating agent.2.36. "Product" means alcoholic liquors whether located in the ABCC warehouse or on or off the premises of a retail outlet.2.37. "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, sell food for consumption on or off the premises which includes but is not limited to vessels, parks, airports, highways, streets, lanes, parks or places of public resort or amusement. The term "public place" does not include any place or any portion thereof which qualify and are licensed by the Commissioner to sell alcoholic liquors for consumption on the premises.2.38. "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.2.39. "Sale" means any transfer, exchange of goods or services in exchange for money, currency, checks, credit cards, or barter in any manner or by any means, for a consideration, and includes all sales made by principal, proprietor, agent or employee.2.40. "Selling" means solicitation or receipt of orders, possession for sale, or possession with intent to sell.2.41. "Spirits" means any alcoholic liquor obtained by distillation and mixed with potable water and other substances in solution including, but not limited to brandy, rum, whiskey, cordials and gin.2.42. "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.2.43. "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.2.44. "Wine" means any alcoholic beverage obtained by the fermentation of the natural content of grapes, other fruits or honey or other agricultural products containing sugar to which no alcohol has been added. Fortified wine and any product defined as or embraced within the definition of nonintoxicating beer under the provisions of article sixteen, chapter eleven of this code are not included in the definition of "wine" for the purpose of this rule.2.45. "Winery" means an establishment where wine is manufactured or prepared.