For the purposes of this article, unless the context clearly indicates otherwise, the following definitions shall apply:
(a) "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. "Nonintoxicating beer" means all 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 containing at least one half of one percent (0.5%) alcohol by volume, but not more than four and two-tenths percent (4.2%) of alcohol by weight, or six percent (6%) by volume, whichever is greater, all of which are hereby declared to be nonintoxicating and the word "liquor" as used in this article shall not be construed to include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
(b) "Wine" means any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products, containing sugar.
(c) "Alcoholic liquor" includes alcohol, beer, wine and spirits and any liquid or solid capable of being used as a beverage, but shall not include nonintoxicating beer.
(d) "Sale" means any transfer, exchange or barter in any manner or by any means, for a consideration, and includes all sales made by any principal, proprietor, agent or employee.
(e) "Selling" includes the solicitation or receipt of orders, possession for sale, and possession with intent to sell.
(f) "Person" means an individual, firm, partnership, corporation or voluntary association.
(g) "Manufacture" means any person engaged in the manufacture of any alcoholic liquor, including, among others, a distiller, rectifier, wine maker and brewer. (WVaC 60-1-5; Ord. 1972. Passed 3-9-54; Ord. 0-181. Passed 1-8-83.)
(h) "Public place" means any place, building or conveyance to which the public has or is permitted to have access, including any highway, street, lane or park. "Public place" shall not include the location of any function to which admission is limited by invitation or by purchase of admission tickets, so long as the sponsor of such function and the owner or lessee of such location specifically authorizes the carrying of or possession of alcoholic liquor or nonintoxicating beer.
(i) "Open can, bottle or other container" includes the following: any glass, cup or other container which is normally intended as a drinking utensil; any can which has been opened or punctured; and any bottle from which the cap has been removed. A bottle with the original cap affixed thereon shall not be considered "open" within the meaning of this section, even if the seal has been broken. (Ord. 0-180. Passed 1-8-83.)
(j) "Qualified nonoperator" means any citizen of this State who has not had issued to him a current operator's or chauffeur's license, or any person enrolled as a full- time student at an institution of higher education or an accredited vocational or trade school in this State who:
(1) Is under the age of twenty-one years;
(2) Is residing in this State but is domiciled in another state; and
(3) Who may or may not hold a valid operator's or chauffeur's license from such other state. (Ord. 0-228. Passed 6-28-83.)