A dispute over the sale of high-alcohol beer reveals an interesting quirk in West Virginia law, which states that only "nonintoxicating" beer -- that with less than 6 percent alcohol by volume -- may be sold.

The West Virginia Gazette reported Feb. 12 that the definition includes most common beers sold in the state, including Budweiser.

The issue came to light because retailers are complaining that the law is preventing sales of gourmet and craft beers, which tend to have higher alcohol content. Recently, a group of state lawmakers introduced a measure to allow sales of beer with up to 15 percent alcohol.

Backers say the change would promote tourism and help retailers located near bordering states, which have no similar restrictions. The West Virginia law dates back to Prohibition.

"The folks that come to my restaurants are well-traveled people used to getting these kinds of products — it's part of the whole culinary thing we are trying to do here," said Brian Ball, owner of the Snowshoe chain of restaurants. "We have a selection of wines from around the world, but my customers can't get their favorite wheat beer."

Beer wholesalers have opposed the measure. "We think alcohol should be consumed in moderation, and increasing the alcohol content is going away from moderation," said John Casey, lobbyist for the West Virginia Beer Wholesalers Association. "As a society, I don't know if we want to be pushing a higher alcohol content."

The craft beer market was worth $3.7 billion nationally last year, and has been growing.

"I don't understand why I can offer wine that's up to 15 percent [alcohol content] but I can't sell beer with 8 or 9 percent," said Charleston bar owner Pierre Charbonniez. "To me this is about choice -- it isn't going to be a huge windfall for me and my business. What it will mean is access to the best beers in the world, and I'm open to offering my customers the best things I can get my hands on."