So "non intoxicating beer" that's legal to sell within wv is 12%? I'm trying to decipher these laws, so who exactly can a brewer sell to without a distributor and what licensing would he or she need?
Yes, 12% is considered non-intoxicating beer thanks to our friend and advocate Travis Carrow here in WV, founder of WVCBAS. Good guy.
In terms of who a brewer can sell to, it depends on your license. You can have a production brewery license or a brewpub license if you're actually producing your own beer. A production brewery can self-distribute on a small scale but will require a distributor for any major operations and cannot sell to beer directly to the consumer except for in full 1/6, 1/4, or 1/2 BBL kegs. A brewpub, however, can sell directly to the consumer over the counter, can self-distribute on a small scale or have a distributor, and can sell kegs, bottles, or up to 2 growlers per person for off-premises consumption.
Of course, I will say not ALL WV breweries or brewpubs follow the rules "exactly" and even the S.O.S. office doesn't know their own rules half the time. (Believe me, I've called and had discussions on several occasions lol) But that's "officially" how it stands, and there are lots of loopholes to be had, luckily enough, and I know ways around a lot of these, working for a brewery myself.
Look up the WV state code and take a look if you're interested.