H. B. 4098


(By Delegate Pulliam)
[Introduced January 17, 1996; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section twenty-two, article three, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to state control of alcoholic liquors; and requiring sellers of alcoholic liquors and nonintoxicating beer to require proof of age from all purchasers.

Be it enacted by the Legislature of West Virginia:
That section twenty-two, article three, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
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.
(c) Beginning on the effective date of this amendment to this section, sellers of alcoholic liquors and nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code are required to request identification establishing proof of age from all purchasers.




NOTE: The purpose of this bill is to require sellers of alcoholic liquors and nonintoxicating beer to require proof of age from all purchasers.

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