W. Va. Code R. § 175-4-2 - Definitions

Definition of terms used. -- As used in this rule, unless the context clearly requires otherwise, the following terms shall have the meaning ascribed herein, and shall apply in the singular and in the plural.

2.1. "Advertisement" means any audio, visual, or other electronic display promoting alcoholic liquors through the medium of billboards, newspapers, magazines, or similar publications and display materials or equipment. The term advertisement does not include:

2.1.1. Any label, affixed to a container of alcoholic liquors, or any individual covering, carton, or other wrapper of the container; or

2.1.2. Any editorial or other reading matter in any periodical or publication for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this rule.

2.2. "Alcohol" means ethyl alcohol, whatever its origin, and includes synthetic ethyl alcohol but not denatured alcohol.

2.3. "Alcoholic liquor" or "liquor" means alcohol, beer, including barley beer, wine, including barley wine, fortified wine, distilled spirits, and any liquid or solid capable of being used as an alcoholic beverage, but does not include wine with an alcohol content of 15.5% or less by volume, nonintoxicating beer, nonintoxicating craft beer, or nonintoxicating beverages.

2.4. "Average Monthly Inventory" means the amount of food, food products, and consumable supplies for the table which are maintained in the inventory of a licensed retailer. Average Monthly Inventory does not include stock or inventory of wine. Grocery stores which have no demonstrable history of inventory maintenance of such products on an average monthly basis, may not be licensed as a retailer until the applicant demonstrates such history for three months prior to the date on which licensure is granted. Applicants for licensure as a retailer whose business is primarily seasonal because of their association with or close dependence upon a lodge, resort, or similar establishment may select any quarter during the 12 months before application was made to demonstrate that the requisite inventory was maintained by the applicant for each month during such quarter. All other grocery stores applying for licensure as a retailer grocery store must demonstrate maintenance of the requisite inventory over the 12 months period next preceding the year or part thereof for which licensure is sought.

2.5. "Average Monthly Sales" means the amount of food, food products, and consumable supplies for the table sold by a licensed retailer "Average Monthly Sales" does not include sales of wine. A grocery store which has no demonstrable history of sales of such products on an average monthly basis may not be licensed as a retailer until the applicant can demonstrate such history for the three months prior to the filing of the application. An applicant for licensure as a retailer whose business is primarily seasonal because of its association with or close dependence upon a lodge, resort, or similar establishment may select any quarter during the 12 months next preceding the month in which the application for licensure was filed to demonstrate the requisite sales level for each month during such quarter. All other grocery stores applying for licensure as a retailer must demonstrate the requisite sales over the 12 month period next preceding the year or part thereof for which licensure is sought.

2.6. "Case" means any combination of packages with two or more wine bottles, enclosed in a box, or fastened together by some other method, containing not more than nine liters of wine.

2.7. "Case lot" means a complete case of distilled spirits.

2.8. "Commissioner" or "Alcohol Beverage Control Commissioner" means the Commissioner of the West Virginia Alcohol Beverage Control Administration (ABCA or Commission) or his or her delegate.

2.9. "Code" means the official Code of West Virginia, 1931, as amended.

2.10. "Department" means the West Virginia Department of Revenue.

2.11. "Direct shipper" means any winery, farm winery, supplier, or retailer of wine that is licensed and in good standing in its domicile state who sells and ships wine up to a maximum of two cases of wine per month directly to an adult West Virginia resident who is 21 years of age or over for such resident's personal use and consumption and not for resale. A "direct shipper" must obtain a direct shipper's license from the State of West Virginia and meet the requirements in W. Va. Code § 60-8-1 et seq. and this rule.

2.12. "Distilled spirits" means ethyl alcohol, ethanol, or spirits of wine, including all dilutions and mixtures thereof, from whatever source or by whatever process produced, for beverage use, and shall include, but not be limited to, neutral spirits, whiskey, brandy, rum, gin, vodka, cordials and liqueurs. Any alcoholic beverage containing more than 24% of alcohol by volume is considered to be distilled spirits.

2.13. "Distributor" means any person whose principal place of business is within this state and who:

2.13.1. makes purchases from a supplier to sell or distribute wine to retailers, grocery stores, private wine bed and breakfasts, private wine restaurants, private wine spas, private club types, or wine specialty shops;

2.13.2. sells or distributes nonfortified dessert wine, port, sherry, and madeira wines to wine specialty shops, private wine bed and breakfasts, private wine restaurants, private wine spas, private club types, or retailers under the authority of W. Va. Code § 60-8-1 et seq., and actually maintains a warehouse in this state for the distribution of wine.

2.13.3. For the purpose of a distributor only, the term "person" means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association, or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of this article, notwithstanding the liability of trustees in W. Va. Code §44D-10-1 et seq.

2.14. "Farm Winery" means an establishment where in any year 50,000 gallons or less of wine, which includes hard cider, and nonfortified dessert wine are manufactured exclusively by natural fermentation from grapes, apples, pears, peaches, other fruits or honey, or other agricultural products containing sugar and where port, sherry, and Madeira wine may also be manufactured, with 25% of such raw products being produced by the owner of the farm winery on the premises of that establishment and no more than 25% of such produce originating from any source outside this state. Any port, sherry, or Madeira wine manufactured by a winery or a farm winery shall not exceed an alcoholic content of 22% alcohol by volume and shall be matured in wooden barrels or casks.

2.15. "Food or a meal" means food that has been cooked, grilled, fried, deep-fried, air-fried, smoked, boiled, broiled, twice baked, blanched, sautéed, or in any other manner freshly made and prepared, and does not include pre-packaged food from the manufacturer.

2.16. "Food" and "food products" means edible foodstuffs intended for human consumption and items commonly thought of as food, including, by way of illustration and not by limitation, cereals and cereal products, meat and meat products, fish and fish products, poultry and poultry products, fresh and salt water animal products, eggs and egg products, vegetables and vegetable products, fruit and fruit products, flour and flour products, sugar and sugar products, milk and milk products, cocoa and cocoa products, coffee and coffee substitutes, tea, herbs, spices, salt and salt substitutes, condiments, soft drinks, soft drink mixes and syrups, tenderizers, food coloring, bottled drinking water, sugar substitutes, oleomargarine, shortening, gelatins, baking and cooking ingredients, mushrooms, spreads, relishes, desserts, flavorings, edible seeds, nuts, and berries. The terms "food" and "food for meals" do not include medicines, vitamins, and dietary supplements, whether in liquid, powdered, granular, tablet, capsule, lozenge, or pill form; spiritous, malt or vinous liquors, or beer, ice, tobacco, or tobacco products, candy and confections, chewing gum, cake letters, breath mints, or food sold through a vending machine.

2.17. "Food or Foodstuffs Normally Associated with Wine" means food and food products but does not include:

2.17.1. Any product containing alcohol, other than wine, permitted to be sold at retail pursuant to W. Va. Code §60-8, including, but not limited to, nonintoxicating beer;

2.17.2. Soft drinks;

2.17.3. Tobacco and tobacco products, and other products associated with the use of tobacco; and

2.17.4. Any other product exempt from consumer sales and service tax.

2.18. "Fortified wine" means any wine to which brandy or other alcohol has been added where alcohol content by volume does not exceed 24%, and includes nonfortified dessert wine where the alcohol content by volume is greater than 17% and does not exceed 24%.

2.19. "Grocery Store" means any retail establishment, commonly known as a grocery store, supermarket, delicatessen, caterer, or party supply store where food, food products, and supplies for the table are sold for consumption off the premises with average monthly sales (excluding sales of wines) of not less than $500 and an average monthly inventory (excluding inventory of wine) of not less than $500. The term "grocery store" also includes and means a separate and segregated portion of any other retail store which is dedicated solely to the sale of food, food products, and supplies for the table for consumption off the premises with average monthly sales with respect to the separate or segregated portion (excluding sales of wine) of not less than $500 and an average monthly inventory (excluding inventory of wine) of not less than $500.

2.20. "Hard Cider" means a type of wine that is derived primarily from the fermentation of apples, pears, peaches, honey, or another fruit, or from apple, pear, peach, or another 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 and less than 12.5% alcohol by volume; and is advertised, labeled, offered for sale, or sold, as hard cider or cider containing alcohol, and not as wine, wine product, or as a substitute for wine.

2.21. "Hard Cider Distributor" means any person whose principal place of business is within the State of West Virginia who makes purchases from a supplier to sell or distribute hard cider, but not other types of wine per section, to retailers, grocery stores, private wine bed and breakfasts, private wine restaurants, private wine spas, private club types, or wine specialty shops under authority of this code and maintains a warehouse in this state for the distribution of hard cider (but not other types of wine).

2.21.1 For the purpose of a hard cider distributor, the term "person" means and includes an individual, firm, trust, partnership, limited partnership, limited liability company, association, or corporation. Any trust licensed as a distributor or any trust that is an owner of a distributor licensee, and the trustee, or any other person or persons in active control of the activities of the trust relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the distributor license that are unlawful acts or violations of this article, notwithstanding the liability of trustees in W. Va. Code §44D-10-1 et seq.

2.22. "Immediate family" means and includes, but is not necessarily limited to:

2.22.1. The spouse, brother, sister, son, daughter, mother, mother-in-law, father, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, or cousin of a licensed retailer, private wine bed and breakfast, private wine restaurant, or private wine spa who is not a partnership or corporation;

2.22.2. The spouse, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, or cousin of each partner of a licensed retailer, private wine bed and breakfast, private wine restaurant, or private wine spa which is a partnership;

2.22.3. The spouse, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, or cousin of each such director, officer or employee of a licensed retailer, private wine bed and breakfast, private wine restaurant, or private wine spa which is a corporation, the corporation's director, officer or employee.

2.23. "Importer" means a person who brings or carries goods from a foreign country for the purpose of sale in this country.

2.24. "Intoxicated" means having one's faculties impaired by alcohol or other drugs to the point that physical or mental control or both are markedly diminished.

2.25. "Licensed retailer" means a person including, but not limited to: grocery stores, certain private wine restaurants, and certain private club types licensed in accordance with W. Va. Code § 60-8-3(i) and (s); farm wineries when licensed as a retailer, wine specialty shop, or multi-capacity licensee, or wine specialty shops, all licensed in accordance with W. Va. Code §§ 60-3-1 et seq., 60-3A-1 et seq. or 60-8-1 et seq. by the Commissioner to sell wine at retail to the public for off-premises consumption.

2.26. "Manager" means an individual who is the applicant's or licensee's on-premises employee, member, partner, shareholder, director, or officer who meets the licensure requirements of W. Va. § 60-8-1 et seq., and rules and actively manages, conducts, and carries on the day-to-day operations of the applicant or licensee with full and apparent authority or actual authority to act on behalf of the applicant or licensee. Such duties include but are not limited to: coordinating staffing; reviewing and approving payroll; ordering and paying for inventory, such as nonintoxicating beer, wine, and liquor, as applicable; and managing security staff, security systems, video, and other security equipment; and any further acts or actions involved in managing the affairs of the business, on behalf of owners, partners, members, shareholders, officers, or directors.

2.27. "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor or wine.

2.28. "Manufacturer" means any person engaged in the manufacture of any alcoholic liquor or wine, among others and including but not limited to, a producer, broker, processor, bottler, importer, distiller, rectifier, winemaker, or brewer.

2.29. "Multi-capacity winery or farm winery license" means a license which authorizes a winery or farm winery to operate as a retailer, wine specialty shop, a supplier, and a direct shipper without obtaining a separate license for each capacity the winery or farm winery operates.

2.30. "Municipal Tax" means, for purposes of this rule, the tax imposed by any municipality upon purchases of wine pursuant to the provisions of W. Va. Code § 8-13-7. "Municipal Tax" includes taxes imposed upon all purchases of wine made under the provisions of W. Va. Code § 60-3-9d.

2.31. "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 or preparations produced by the brewing industry, including malt coolers and nonintoxicating craft beers, all with no caffeine infusion or any other additives masking or altering the alcohol effect, containing at least one half of one percent (.5%) alcohol by volume, but not more than 11.9% of alcohol by weight, or 15% by volume, whichever is greater, which is designated by W. Va. Code § 11-16-3 to be nonintoxicating. The word "liquor" as used in W. Va. Code § 60-1-1 et seq., does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures, or preparations included within this definition. For the purposes of this definition "infusion" means and includes artificially add, input, or otherwise deliver caffeine or any other additive, not a true flavoring or coloring, that would mask or alter the alcohol effect in nonintoxicating beer.

2.32. "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 0.5% by volume and not more than 15% alcohol by volume or 11.9% alcohol by weight, whichever is greater, with no caffeine infusion or any additives masking or altering the alcohol effect. For the purposes of this definition "infusion" means and includes to artificially add, input, or otherwise deliver caffeine or any other additive, not a true flavoring or coloring, that would mask or alter the alcohol effect in nonintoxicating craft beer.

2.33. "Nonfortified dessert wine" means a wine that is a dessert wine to which brandy or other alcohol has not been added, and which has an alcohol content by volume of at least 15.6 % and less than or equal to 17%.

2.34. "One day nonprofit wine license" means a special one day license issued to duly organized, nonprofit corporations and associations allowing the sale and serving of wine, and may, if applicable, also allow the charitable auctioning of certain sealed bottles of wine for off-premises consumption only, when raising money for athletic, charitable, educational, or religious purposes.

2.35. "Original package" means any closed or sealed container or receptacle from the manufacturer used for holding alcoholic liquor or wine.

2.36. "Person" means an individual, firm, partnership, limited partnership, corporation, limited liability company, or voluntary association, and any trust which has disclosed all persons or entities involved in the trust.

2.37. "PODA" or "Private outdoor designated area" means certain public property that is legally demarcated and authorized by a municipality's ordinance pursuant to W. Va Code § 8-12-26 for the lawful consumption of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer within the legally demarcated public property that now has a private purpose as part of the PODA for the lawful sale and service of liquor, wine, or nonintoxicating beer or nonintoxicating craft beer by qualified permit holders who are permitted pursuant to W. Va. Code § 60-7-8g, and further a PODA may be dual licensed with a private fair and festival as a qualified permit holder subject to WVABCA and municipal approval.

2.38. "Post-off" means any temporary discount (irrespective of its denomination by the supplier) a supplier gives to a distributor which relates to a specific brand, class, and type of wine or size thereof and which bears no relationship to the amount or quantity of wine purchased by the distributor from the supplier.

2.39. "Private club" means a corporation or association licensed as a private club type in accordance with W. Va. Code § 60-7-1 et seq., and §60-8-1 et seq.

2.40. "Private fair and festival" means an applicant for a private club type or a licensed private club type meeting the requirements of W. Va. Code § 60-7-8a for a temporary private club type event or Class S2 license.

2.41. "Private manufacturer club" means an applicant for a private club type or licensed private club type which is also licensed as a distillery, mini-distillery, micro-distillery, winery, farm winery, brewery, or resident brewery that manufacturers liquor, wine, or nonintoxicating beer or nonintoxicating craft beer, which may be sold, served, and furnished to members and guests for on-premises consumption at the private manufacturer club licensee's licensed premises and in the area or areas denoted on its floorplan, and which meets the criteria set forth in W. Va. Code § 60-7-1 et seq., and 175 CSR 2.

2.42. "Private wine bed and breakfast" means any business such as a hotel, motel, inn, or other such establishment properly zoned as to its municipality or in accordance with local ordinances, with the sole purpose of providing, in a residential or country setting, lodging and meals to its customers in the course of their stay at the establishment, which also:

2.42.1. Is a partnership, limited partnership, corporation, unincorporated association, or other business entity;

2.42.2. Provides meals on its premises to members and their guests as part of its general business purpose;

2.42.3. Is licensed under the provisions of W. Va. Code § 60-8-1 et seq.,to serve wine on the premises to its members and their guests in conjunction with the serving of food or meals; and

2.42.4. Admits only duly elected and approved dues-paying members and guests while in the company of a member and does not admit the general public.

2.43. "Private wine restaurant" means a restaurant which:

2.43.1. Is a business the principal purpose of which is serving meals on its premises to members and their guests and which;

2.43.1.a. Is a partnership, limited partnership, corporation, unincorporated association, or other business entity;

2.43.1.b. Is licensed under the provisions of W. Va. Code § 60-8-1 et seq.,to serve wine on its premises to members and their guests in conjunction with the serving of food or meals; and

2.43.1.c. Admits only duly elected and approved dues paying members and guests in the company of a member and does not admit the general public.

2.43.2. A private wine restaurant shall have at least two restrooms.

2.43.2.a. The two-restroom requirement may be waived:

2.43.2.a.1 By a written waiver provided from a local health department to the commissioner;

2.43.2.a.2. For a private wine restaurant located in an historic building, if a historic association or district with jurisdiction over a historic building provides a written waiver to the commissioner.

2.43.2.b. In no event shall a private wine restaurant have less than one restroom.

2.43.2.c. A winery or farm winery holding a private wine restaurant license or a multi-capacity winery or farm winery license is not subject to the food service requirements of this subdivision.

2.44. "Private wine spa" means any business with the sole purpose of providing commercial facilities devoted especially to health, fitness, weight loss, beauty, therapeutic services, and relaxation, including a licensed massage parlor or a salon with licensed beauticians or stylists, and which:

2.44.1. Is a partnership, limited partnership corporation, unincorporated association, or other business entity;

2.44.2. Provides meals on its premises to its members and their guests as part of its general business purpose;

2.44.3. Is licensed under W. Va Code § 60-8-1 et seq., to serve up to two glasses of wine on the premises to members and their guests in conjunction with the serving of food or meals; and

2.44.4. Admits only duly elected and approved dues paying members and guests while in the company of a member and does not admit the general public.

2.45. "Public place" means any place, building, or conveyance to which the public has, or is permitted to have access to, including, but not limited to establishments that provide lodging, places that sell food, for consumption on or off the premises including, but not limited to, vessels, parks, airports, and any highway, street, lane, park, or place of public resort or amusement: Provided, That the term "public place" does not mean or include any of the above-named places or any portion or portions thereof which qualify and are licensed by the Commissioner to sell alcoholic liquors for consumption on the premises, nor shall the term "public place" 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 § 60-8-1 et seq., to sell alcoholic liquors for consumption thereupon, which may include certain legally demarcated deck areas or other areas that meet the requirements specified in this proviso and further that legal demarcation includes, but is not limited to, ABCA rules; local ordinances; county zoning requirements; Americans with Disabilities Act requirements; State Fire Marshal requirements; any other applicable laws, including, but not limited to, state and federal law; public safety requirements and so forth: Provided however, That the term "public place" also does not include a facility constructed primarily for the use of a Division I, II, or III college that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer or other Division I, II, or III sports stadium and also which holds a special license to sell wine pursuant to the provisions of W.Va. Code § 60-8-3, in the designated areas of sale and consumption of wine and other restrictions established by that section and the terms of the special license issued thereunder.

2.46. "Qualified permit holder" means the holder of a Class A, Class B, or Class S2 license (private fair and festival license) issued under W. Va. Code § 60-7-1 et seq., that elects to operate within a private outdoor designated area and is issued a Class S4 qualified permit to operate in a PODA created pursuant to W. Va Code § 8-12-26 and W. Va. Code § 60-7-8g. There are no Class B licenses issued pursuant to W. Va. Code § 60-7-1 et seq.

2.47. "Retail liquor outlet" means a licensed outlet established and operated under the authority of W. Va. Code § 60-3-1 et seq., or W. Va. Code § 60-3A-1 et seq., for the sale of alcoholic liquor in the original package for consumption off the premises.

2.48. "Sacramental Wine" means wine purchased at wholesale from or through the ABCA or a distributor for industrial, or scientific uses, or for use in religious and other institutions as provided in W. Va Code § 60-6-5.

2.49. "Sampling" means the special privilege to permit on-premises sampling of wine in limited quantities during hours of operation (See W. Va Code § 60-8-34) conferred upon certain licensees as set forth in W. Va Code § 60-8-1 et seq., and is not considered to be "Wine Sampling" for the purpose of this rule.

2.50. "Sale" means any transfer, exchange, or barter in any manner or by any means, for a consideration, and includes all sales made by principal, proprietor, agent, or employee.

2.51. "Selling" includes solicitation or receipt of orders, possession for sale, or possession with intent to sell.

2.52. "Soft drink" means any non-alcoholic product as set forth in W. Va. Code § 11-19-1 et seq.

2.53. "Spirits" means any alcoholic liquor obtained by distillation and mixed with potable water and other substances in solution and includes brandy, rum, whiskey, cordials, and gin.

2.54. "Supplier" means any manufacturer, producer, processor, winery, farm winery, national distributor, or other supplier of wine which sells, offers to sell, solicits, or negotiates the sale of wine to any licensed West Virginia distributor.

2.55. "Varietal wine" means any wine labeled according to the grape variety from which such wine is made.

2.56. "Vintage wine" or "vintage-dated wine" means wines from which the grapes used to produce such wine are harvested during a particular year or wines produced from the grapes of a particular harvest in a particular region of production.

2.57. "Unlicensed Winery" means a winery not physically located in the State of West Virginia who upon application and approval may obtain a limited authorization to attend a licensed wine fair and festival or a private fair and festival with all of the authorizations as set forth in W. Va. Code § 60-7-8 and §60-8-3.

2.58. "Wine" means any alcoholic beverage including table wine or hard cider, obtained by the natural fermentation of the natural content of grapes, other fruits or honey or other agricultural products containing sugar to which no alcohol has been added. The term "wine" does not include fortified wine or nonintoxicating beer as defined in W. Va. Code § 11-16-1 et seq. For purposes of this rule, "wine" includes: table wine; hard cider; nonfortified dessert wine; wine coolers; wine or wine based products that are contained in a can, bottle, growler, or a ouch; and similar wine based beverages containing not less than 0.5% nor more than 15.5% alcohol by volume. (See Section 2.3. for alcohol content percentage).

2.59. "Wine accessories" means any product or item directly associated with the use and consumption of wine, e.g.:

(1) Glasses and wine growlers;

(2) carafes;

(3) decanters;

(4) wine racks;

(5) books, magazines, and other publications devoted principally to foods and wines;

(6) napkins; or

(7) items or products similar in nature and/or use to any of the foregoing.

2.60. "Winery" means an establishment where wine is manufactured or prepared as defined in W. Va Code § 60-8-1 et seq.

2.61. "Wine Growler" - means a container or jug that is made of glass, ceramic, metal, or other material approved by the commissioner, that may be no larger than 128 fluid ounces in size and is capable of being securely sealed. The growler may be used by an authorized licensee for purposes of off-premises sales only of wine for personal consumption, and not for resale. The wine served and sold in a sealed wine growler may include ice or water mixed with the wine to create a frozen alcoholic beverage. Any frozen alcoholic beverage machine used for filling wine growlers shall be sanitized daily and shall be under control and served by the licensee from the secure area. A securely sealed wine growler is not an open container under state and local law. A wine growler with a broken seal is an open container under state and local law unless it is located in an area of the motor vehicle physically separated from the passenger compartment. A secure seal means using a tamper evident seal, such as:

(1) A plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid of wine growler to form a seal that shall be broken when the container is opened; or

(2) A screw top cap or lid that breaks apart when the wine growler is opened.

2.62. "Wine sampling" means a special event conducted at a licensed wine specialty shop's location during regular hours of business at which no more than six complimentary samples of wine, consisting of no more than three fluid ounces each may be served, to any one consumer in one day. Persons serving complimentary samples must be 21 years of age or over and an authorized representative and employee of the licensed wine specialty shop. Only a licensed representative of a winery, farm winery, licensed distributor or licensed wine supplier may attend and educate at a wine sampling, but such licensed representative may not serve samples. No licensee, employee or representative may furnish, give or serve complimentary samples of wine to any person less than 21 years of age or to a person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs. The wine specialty shop shall notify and secure permission from the commissioner for all wine sampling events one month prior to the event. Wine sampling events may not exceed six hours per calendar day. Licensees must purchase all wines used during these events from a licensed farm winery or a licensed distributor.

2.63. "Wine specialty shop" means a licensed retailer who deals principally in the sale of table wine, certain nonfortified dessert wines, wine accessories and food, or foodstuffs normally associated with wine and who:

2.63.1. Maintains a representative number of wines for sale in his or her inventory which are designated by label as varietal wine, vintage, generic, and/or according to region of production and the inventory shall contain not less than 15% vintage or vintage-dated wine by actual bottle count; and

2.63.2. Any other provisions of the West Virginia Code or this rule to the contrary notwithstanding, may maintain an inventory of port, sherry, and Madeira wines, having an alcoholic content of not more than 22% alcohol by volume, which have been matured in wooden barrels or casks. All wine available for sale shall be for off-premises consumption except where wine tasting, or wine sampling is separately authorized by this code.

2.64. "Wine tasting" means an activity in which members of a wine taster's club, which has at least fifty duly-elected and approved dues-paying members in good standing, meet on the premises of a licensed wine specialty shop not more than one time per week either at a time when the premises are closed to the general public or in a segregated facility on the premises to which the general public is not admitted for the purpose of tasting and comparing different wines. Persons serving at the wine tasting must be 21 years of age or over.

2.65. "Wine Tasting Club" means a club organized in association a licensed wine specialty shop which has at least 50 duly elected or approved dues-paying members in good standing. Club meetings shall be on the wine specialty shop's licensed premises and shall not occur more than one time per week and shall either meet at a time when the licensed premises are closed to the general public or meet in a separate segregated facility on the licensed premises to which the general public is not admitted. Attendance at wine tastings shall be limited to duly elected or approved dues-paying members and their guests. Membership may be collected or maintained manually in written form or electronically via a website or social media platform.

Notes

W. Va. Code R. § 175-4-2