For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, whatever its origin and includes synthetic ethyl alcohol but not denatured alcohol.
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.
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 nonintoxicating 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.
NONINTOXICATING BEER.
(1) 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 0.5% alcohol by volume, but not more than 11.9 % of alcohol by weight, or 15% alcohol by volume, whichever is greater. Liquor as used in this chapter does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.
(2) NONINTOXICATING CRAFT BEER. Any beverage obtained by the natural fermentation of barley, malt, hops or any other similar product or substitute and containing not less than 0.5% by volume and not more than 15% alcohol by volume or 11.9% alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol effect.
(W.Va. Code § 11-16-3)
PERSON. An individual, firm, partnership, limited partnership, corporation or voluntary association.
POWDERED ALCOHOL. An alcohol manufactured in a powder or crystalline form for either direct or use reconstitution as an alcoholic liquor or food. For purposes of this chapter, POWDERED ALCOHOL excludes any material intended for industrial purposes.
(W.Va. Code § 60-1-5)
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 this code of ordinances 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 W.Va. Code Ch. 60 to sell alcoholic liquors for consumption thereon.
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.
(W.Va. Code § 60-1-5) (1986 Code, § 521.01)