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Introduced Version House Bill 2432 History

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hb2432 intr
H. B. 2432


(By Delegates Walters and Wakim)

[Introduced February 16, 2005 ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended, relating to the misrepresentation of age and use of false identification to purchase alcoholic liquor, nonintoxicating beer or tobacco products; requiring establishments to post signs warning of the penalty for use of false identification; and criminal penalties.

Be it enacted by the Legislature of West Virginia:

That §11-16-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 16. NONINTOXICATING BEER.

§11-16-19. Unlawful acts of persons; criminal penalties.

(a) Any person under the age of twenty-one years who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed five hundred dollars or shall
be incarcerated in the county jail for a period not to exceed seventy-two hours, or both fined and imprisoned, or, in lieu of such fine and incarceration, may, for the first offense, be placed on probation for a period not to exceed one year.
Nothing in this article, nor any rule or regulation of the Commissioner, shall prevent or be deemed considered to prohibit any person who is at least eighteen years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of nonintoxicating beer as defined in this article. Further, nothing in this article, nor any rule or regulation of the Commissioner, shall prevent or be deemed to prohibit any person who is less than eighteen but at least sixteen years of age from being employed by a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores: Provided, That such person shall not sell or deliver nonintoxicating beer.

Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing nonintoxicating beer when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law-enforcement agency or the West Virginia alcohol beverage administration while the agency is conducting an
investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules and regulations of the Commissioner.
(b) Any person under the age of twenty-one years who, for the purpose of purchasing nonintoxicating beer or any tobacco product, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own, or who illegally attempts to purchase nonintoxicating beer or any tobacco product, is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed fifty dollars or shall may be imprisoned in the county jail for a period not to exceed seventy-two hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.

(c) Any person who shall knowingly buy for, give to or furnish nonintoxicating beer to anyone under the age of twenty-one to whom they are not related by blood or marriage is guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars or shall be imprisoned in the county jail for a period not to exceed ten days, or both such fine and imprisonment.

(d) Any person who at any one time transports into the state for their personal use, and not for resale, more than six and
seventy-five hundredths gallons of nonintoxicating beer, upon which the West Virginia barrel tax has not been imposed, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars and have all the untaxed nonintoxicating beer in their possession at the time of the arrest confiscated, or be imprisoned for ten days in the county jail, or both fined and imprisoned.
If the Congress of the United States repeals the mandate established by the Surface Transportation Assistance Act of 1982, relating to national uniform drinking age of twenty-one as found in section six of Public Law 98-363, or a court of competent jurisdiction declares the provision to be unconstitutional or otherwise invalid, it is the intent of the Legislature that the provisions contained in this section and section eighteen of this article which prohibit the sale, furnishing, giving, purchase or ownership of nonintoxicating beer to or by a person who is less than twenty-one years of age shall be null and void and the provisions therein shall thereafter remain in effect and apply to the sale, furnishing, giving, purchase or ownership of nonintoxicating beer to or by a person who is less than nineteen years of age.

In addition to the posting of the informational sign required by the provisions of section twenty-four, article six, chapter sixty of this code containing information showing the estimated
percent of alcohol in the blood by the number of drinks in relation to body weight and time of consumption, any facility or business selling alcoholic beverages or nonintoxicating beer or tobacco products shall post in an open and prominent place within the facility or establishment a notice informing minors that identification is required to purchase alcoholic beverages or nonintoxicating beer or tobacco products and that use of false identification is a misdemeanor, as follows:
ATTENTION MINORS

IDENTIFICATION IS REQUIRED

IF YOU ARE UNDER 21 YEARS OF AGE

YOU ARE SUBJECT TO A FINE OF

$50 AND/OR 72 HOURS OF COURT MANDATED COMMUNITY SERVICE

OR BOTH FINED AND COMMUNITY SERVICE

FOR:

1. Falsely stating your age or using false ID

to obtain liquor, beer or tobacco products.

2. Buying or attempting to buy liquor or beer

or tobacco products.

PLEASE

DON'T ATTEMPT

TO PURCHASE

ALCOHOL OR BEER OR TOBACCO PRODUCTS




NOTE: The purpose of this bill is to require businesses selling alcoholic liquors, nonintoxicating beer or tobacco products to post signs warning minors that it is illegal to buy or attempt to buy these products using false identification.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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