West Virginia Code § 47-11A-5

"Retailer" and "wholesaler" defined; sales and transfers subject to
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article.
(a) The term "retailer" shall mean and include every person, partnership, firm, corporation,
or other entity engaged in the business of making sales at retail within this state: Provided,
however, That in the case of a person, partnership, firm, corporation, or other entity
engaged in the business of making sales both at retail and at wholesale, suceh term shall be
applied only to the retail portion of such business.
(b) The term "wholesaler" shall mean and include every person, partnership, firm,
corporation, or other entity engaged in the business of making suales at wholesale within this
state: Provided, That in the case of a person, partnership, firm, corporation, or other entity
engaged in the business of making sales both at retail and wtholesale, such term shall be
applied only to the wholesale portion of such business.
(c) The provisions of this article shall be applicable to all sales at retail made by a retailer as
herein defined, and shall be applicable to any translfer for a valuable consideration made in
the ordinary course of trade, or the usual prossecution of the retailer's business, of title to
tangible personal property to the purchaser for consumption or use other than resale or
further proceedings or manufacturing, and shall be applicable also to any transfer of such
property where title is retained by thge retailer as security for the payment of such purchase
price.
(d) The provisions of this article shall be applicable to all sales at wholesale, and shall be
applicable to any transfer for a valuable consideration made in the ordinary course of trade
or in the usual prosecution of the wholesaler's business, of title to tangible personal property
to the purchaser for purposes of resale or further proceedings or manufacturing, and shall
be applicable also to any such transfer of property where title is retained by the seller as
security for the payment of the purchase price.

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