ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 14
(Senator Wooton, original sponsor)
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[Passed April 10, 1993; in effect ninety days from passage.]
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AN ACT to amend and reenact sections nineteen and twenty-three,
article sixteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
to amend and reenact section twenty-two, article three,
chapter sixty of said code; to amend and reenact section
twenty-four, article three-a of said chapter; to amend and
reenact sections twelve, twelve-a and thirteen, article
seven of said chapter; and to amend and reenact section
twenty-a, article eight of said chapter, all relating to
prohibiting persons under the age of twenty-one from
purchasing, consuming, possessing, selling and serving
nonintoxicating beer, wine and alcoholic liquor; allowing
employment by licensees of underage persons in certain
instances; allowing exceptions for underage law enforcement
and commission agents; providing criminal penalties; raising
the amount to be retained in enforcement funds at fiscal
year end; and prohibiting the sale or giving of
nonintoxicating beer, wine or alcoholic liquors to certain
persons.
Be it enacted by the Legislature of West Virginia:
That sections nineteen and twenty-three, article sixteen,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that
section twenty-two, article three, chapter sixty of said code be
amended and reenacted; that section twenty-four, article three-a
of said chapter be amended and reenacted; that sections twelve,
twelve-a and thirteen, article seven of said chapter be amended
and reenacted; and that section twenty-a, article eight of said
chapter be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
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 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, 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, is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined in an amount not to exceed
fifty dollars or shall be imprisoned in the county jail for a
period not to exceed seventy-two hours, or both such fine andimprisonment, 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 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 lessthan 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.
§11-16-23. Revocation or suspension of license; monetary
penalty; hearing assessment of costs; establishment of
enforcement fund.
(a) Upon a determination by the commissioner that a licensee
has: (i) Violated the provisions of section eighteen of this
article or of chapter sixty of this code; (ii) acted in such a
way as would have precluded initial or renewal licensure; or
(iii) violated any rule or order promulgated by the commissioner,
the commissioner may:
(1) Revoke the licensee's license;
(2) Suspend the licensee's license;
(3) Place the licensee on probationary status for a period
not to exceed twelve months; and
(4) Impose a monetary penalty not to exceed one thousand
dollars for each violation where revocation is not imposed.
(b) Any monetary penalty assessed and collected by the
commissioner shall be transmitted to the state treasurer for
deposit into the state treasury to the credit of a special
revenue fund designated the "Nonintoxicating Beer Enforcement
Fund", which is hereby created. All moneys collected, received
and deposited in the "Nonintoxicating Beer Enforcement Fund"
shall be kept and maintained for expenditures by the commissioner
for the purpose of enforcement of the statutes and rulespertaining to nonintoxicating beer and shall not be treated by
the state treasurer or state auditor as any part of the general
revenue of the state. At the end of each fiscal year all funds
in the nonintoxicating beer enforcement fund in excess of twenty
thousand dollars shall be transferred to the general revenue
fund.
(c) In addition to the grounds for revocation, suspension or
other sanction of a license set forth in subsection (a) of this
section, conviction of the licensee of any offense constituting
a violation of the laws of this state or of the United States
relating to nonintoxicating beer or alcoholic liquor shall be
mandatory grounds for such sanctioning of a license. Conviction
of the licensee of any violation of the laws of this state or of
the United States relating to prostitution or the sale,
possession or distribution of narcotics or controlled substances
shall be mandatory grounds for revocation of the licensee's
license for a period of at least one year.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3. SALES BY COMMISSIONER.
§60-3-22. Sales to certain persons prohibited.
(a) Alcoholic liquors and nonintoxicating beer as defined in
section three, article sixteen, chapter eleven of this code shall
not be sold to a person who is:
(1) Less than twenty-one years of age;
(2) An habitual drunkard;
(3) Intoxicated;
(4) Addicted to the use of any controlled substance as
defined by any of the provisions of chapter sixty-a of this code;or
(5) Mentally incompetent.
(b) It shall be a defense to a violation of subdivision (1),
subsection (a) of this section if the seller shows that the
purchaser:
(1) Produced written evidence which showed his or her age to
be at least the required age for purchase and which bore a
physical description of the person named on the writing which
reasonably described the purchaser; or
(2) Produced evidence of other facts that reasonably
indicated at the time of sale that the purchaser was at least the
required age.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons.
(a) Any person under the age of twenty-one years who
purchases, consumes, sells, serves or possesses alcoholic liquor
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 to prohibit any person
who is at least eighteen years of age from serving in the lawful
employment of a licensee which includes the sale and serving of
alcoholic liquor.
Nothing in this subsection shall prohibit a person who is atleast eighteen years of age from purchasing or possessing
alcoholic liquor 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 liquor from a retail licensee,
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 liquor from a retail licensee, is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined in an
amount not to exceed fifty dollars or imprisoned 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 imprisonment, may,
for the first offense, be placed on probation for a period not
exceeding one year.
(c) Any person who knowingly buys for, gives to or furnishes
to anyone under the age of twenty-one to whom he or she is not
related by blood or marriage any liquor from whatever source, is
guilty of a misdemeanor and shall, upon conviction thereof, be
fined in an amount not to exceed one hundred dollars or
imprisoned in the county jail for a period not to exceed ten
days, or both fined and imprisoned.
(d) No person while on the premises of a retail outlet mayconsume liquor or break the seal on any package or bottle of
liquor. Any person who violates the provisions of this
subsection is guilty of a misdemeanor and shall, upon conviction
thereof, be fined in an amount not to exceed one hundred dollars
or imprisoned in the county jail for a period not to exceed ten
days, or both fined and imprisoned.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-12. Certain acts of licensee prohibited; criminal
penalties.
(a) It is unlawful for any licensee, or agent, employee or
member thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;
(2) Authorize or permit any disturbance of the peace;
obscene, lewd, immoral or improper entertainment, conduct or
practice; gambling or any slot machine, multiple coin console
machine, multiple coin console slot machine or device in the
nature of a slot machine;
(3) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic
liquors for or to, or permit the consumption of nonintoxicating
beer, wine or alcoholic liquors on the licensee's premises, by
any person less than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic
liquors, for or to any person known to be deemed legally
incompetent, or for or to any person who is physically
incapacitated due to consumption of nonintoxicating beer, wine oralcoholic liquor or the use of drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or
alcoholic liquors in or on any licensed premises or in any rooms
directly connected therewith, between the hours of three o'clock
a.m. and one o'clock p.m. on any Sunday;
(6) Permit the consumption by, or serve to, on the licensed
premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty-
one years of age;
(7) With the intent to defraud, alter, change or
misrepresent the quality, quantity or brand name of any alcoholic
liquor;
(8) Sell or offer for sale any alcoholic liquor to any
person who is not a duly elected or approved dues paying member
in good standing of said private club or a guest of such member;
(9) (A) Employ any person who is less than eighteen years of
age in a position where the primary responsibility for such
employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen
and twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for such employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person; or
(10) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news
media or other means, outside of the licensee's premises, the
fact that alcoholic liquors may be purchased thereat.
(c) Any person who violates any of the foregoing provisions
is guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than five hundred dollars nor more than one
thousand dollars, or imprisoned in the county jail for a period
not to exceed one year, or both fined and imprisoned.
§60-7-12a. Unlawful acts by persons.
(a) A person under the age of twenty-one years may not
order, pay for, share the cost of or attempt to purchase any
nonintoxicating beer, wine or alcoholic liquors from a licensee
or consume any nonintoxicating beer, wine or alcoholic liquors
purchased from a licensee or possess any nonintoxicating beer,
wine or alcoholic liquors purchased from a licensee. Any person
under the age of twenty-one years who violates any provisions of
this subsection is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined in an amount not to exceed five hundred
dollars or imprisoned in the county jail for a period not to
exceed seventy-two hours, or both fined and imprisoned, and, in
addition to such fine and imprisonment, may, for the first
offense, be placed on probation for a period not to exceed one
year: Provided, That nothing in this subsection shall prohibit
a person who is at least eighteen years of age from purchasing or
possessing nonintoxicating beer, wine or alcoholic liquors 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 thecommissioner.
(b) Any person under the age of twenty-one years who, for
the purpose of purchasing nonintoxicating beer, wine, or
alcoholic liquors from a licensee, 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, wine,
or alcoholic liquors from a licensee, is guilty of a misdemeanor,
and, upon conviction thereof, shall be fined in an amount not to
exceed five hundred dollars or shall 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 knowingly buys for, gives to or furnishes
to anyone under the age of twenty-one, any nonintoxicating beer,
wine or alcoholic liquors purchased from a licensee, is guilty of
a misdemeanor and shall, upon conviction thereof, be fined not
more than five hundred dollars, or imprisoned in the county jail
not more than ten days, or both fined and imprisoned.
§60-7-13. Revocation or suspension of license; monetary penalty;
hearing; assessment of costs; establishment of enforcement
fund.
(a) Upon a determination by the commissioner that a licensee
has: (i) Violated the provisions of article sixteen, chapter
eleven, or of this chapter; (ii) acted in such a way as would
have precluded initial or renewal licensure; or (iii) violated
any rule or order promulgated by the commissioner, thecommissioner may impose any one or a combination of the following
sanctions:
(1) Revoke the licensee's license;
(2) Suspend the licensee's license;
(3) Place the licensee on probationary status for a period
not to exceed twelve months; and
(4) Impose a monetary penalty not to exceed one thousand
dollars for each violation where revocation is not imposed.
(b) Any monetary penalty assessed and collected by the
commissioner shall be transmitted to the state treasurer for
deposit into the state treasury to the credit of a special
revenue fund designated "The Alcohol Beverage Control Enforcement
Fund", which is hereby created. All moneys collected, received
and deposited in the "Alcohol Beverage Control Enforcement Fund"
shall be kept and maintained for expenditures by the commissioner
for the purpose of enforcement of the statutes and rules
pertaining to alcoholic liquor, and shall not be treated by the
state treasurer or state auditor as any part of the general
revenue of the state. At the end of each fiscal year all funds
in the alcohol beverage control enforcement fund in excess of
twenty thousand dollars shall be transferred to the general
revenue fund.
(c) In addition to the grounds for revocation, suspension or
other sanction of a license set forth in subsection (a) of this
section, conviction of the licensee of any offense constituting
a violation of the laws of this state or of the United States
relating to alcoholic liquor, nonintoxicating beer or gambling
shall be mandatory grounds for such sanctioning of a license. Conviction of the licensee of any violation of the laws of this
state or of the United States relating to prostitution, or the
sale, possession or distribution of narcotics or controlled
substances, shall be mandatory grounds for revocation of the
licensee's license for a period of at least one year.
ARTICLE 8. SALE OF WINES.
§60-8-20a. Unlawful acts by persons.
(a) Any person under the age of twenty-one years who
purchases, consumes, sells, possesses or serves wine or other
alcoholic liquor 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 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 wine 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
wine or alcoholic liquor.
Nothing in this subsection shall prohibit a person who is at
least eighteen years of age from purchasing or possessing wine or
alcoholic liquor 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 wine or other alcoholic liquors from a
licensee, 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 wine or other alcoholic liquors, is guilty
of a misdemeanor, and, upon conviction thereof, shall be fined in
an amount not to exceed fifty dollars or shall 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 wine or other alcoholic liquors from any source 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, uponconviction 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.