For the purposes of this article, unless the context clearly indicates otherwise, the following definitions shall apply:
(a) (1) “Alcohol”means ethyl alcohol whatever its origin and includes synthetic ethyl alcohol but not denatured alcohol.
(2) "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.
(b) "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.
(c) "Intoxicated" means having one's faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
(d) "Manufacturer" means any person engaged in the manufacture of any alcoholic liquor, including, among others, a distiller, rectifier, wine maker and brewer.
(e) “Powdered alcohol” means an alcohol manufactured in a powder or crystal-line form for either direct or use reconstitution as an alcoholic liquor or food. For purposes of this article, powdered alcohol excludes any material intended for industrial purposes. (WVaC 60-1-5)
(f) (1) “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 one half of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or twelve percent by volume, whichever is greater. “Liquor” as used in this article does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
(2) “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 one-half of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.
(WVaC 11-16-3)
(g) "Person" means an individual, firm, partnership, limited partnership, corporation or voluntary association.
(h) "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. "Public place" does 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 West Virginia Code Chapter 60 to sell alcoholic liquors for consumption on the premises; provided, however, “public place” does not mean or include any legally demarcated area designated solely for the consumption of beverages and freshly prepared food that directly connects and adjoins any portion or portions of a premises that qualifies and is licensed under the provisions of West Virginia Code Chapter 60 to sell alcoholic liquors for consumption thereupon.
(i) "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.
(j) "Selling" includes the solicitation or receipt of orders, possession for sale, and possession with intent to sell.
(k) "Wine" means any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products, containing sugar.
(WVaC 60-1-5)