(a) "Hard Cider" means a type of wine that is derived primarily from the fermentation of apples, pears, peaches, honey or other fruit, or from apple, pear, peach, or other fruit juice concentrate and water; contains no more than 0.64 grams of carbon dioxide per 100 milliliters; contains at least one half of one percent (½%) and less than twelve and one-half percent (12 ½%) alcohol by volume; and is advertised, labeled, offered for sale, or sold, as hard cider or cider containing alcohol, and not as a wine, wine product, or as a substitute for wine. (WVaC 60-8A-1)
(b) Except as stated in West Virginia Code Article 60-8A, all wine licenses and other wine requirements set forth in West Virginia Code 60-8-1 et seq., 60-4-3b, and 60-6-2, shall apply to the manufacture, distribution or sale of hard cider. Any person or licensee legally authorized to manufacture, distribute, or sell wine may manufacture, distribute or sell hard cider in the same manner and to the same persons, and subject to the same limitations and conditions, as such license or legal right authorizes him or her to manufacture, distribute or sell wine. No additional wine license fees shall be charged for the privilege of manufacturing, distributing, or selling hard cider.
(c) Except as stated in West Virginia Code Article 60-8A, all hard cider distributors are bound by all wine distribution requirements set forth in West Virginia Code 60-8-1 et seq., 60-4-3b, and 60-6-2, which shall apply to distribution of hard cider. Any person or licensee legally authorized to distribute hard cider may distribute hard cider in the same manner and to the same persons, and subject to the same limitations and conditions, as a license or legal right would authorize him or her to distribute wine. An additional hard cider license fee shall not be charged for the privilege of distributing hard cider.
(WVaC 60-8A-2; Ord. 2022-011. Passed 11-7-22.)