For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Includes alcohol, beer, wine and spirits, and any liquid or solid capable of being used as a beverage, but shall not include non-intoxicating beer.
BEER. Any beverage obtained by the fermentation of barley, malt, hops or any other similar product or substitute, and containing more alcohol than that of non-intoxicating beer.
INTOXICATED. Having one’s faculties impaired by alcohol or other drugs to the point where physical or mental control or both are markedly diminished.
MANUFACTURER. Any person engaged in the manufacture of any alcoholic liquor, including, among others, a distiller, rectifier, wine maker and brewer.
NON-INTOXICATING BEER. 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 0.5% alcohol by volume, but not more than 4.2% of alcohol by weight, or 6% by volume, whichever is greater, all of which are hereby declared to be non-intoxicating and the word “liquor”, as used in this subchapter, shall not be construed to include or embrace non-intoxicating beer nor any of the beverages, products, mixtures or preparation included within this definition.
PERSON. An individual, firm, partnership, limited partnership, corporation or voluntary association.
PUBLIC PLACE. 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 W.Va. Code Ch. 60 or the codified ordinances to sell alcoholic liquors for consumption on the premises.
SALE. 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.
SELLING. Includes the solicitation or receipt of orders, possession for sale and possession with intent to sell.
WINE. Any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products, containing sugar.
(Prior Code, § 521.01)
Statutory reference:
Related provisions, see W.Va. Code § 60-1-5