
H. B. 4028


(By Delegate Modesitt)


[Introduced January 13, 2000; referred to the


Committee on Industry and Labor then the Judiciary.]
A BILL to amend and reenact section twenty-seven, article eight,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
that persons under eighteen years of age may be employed at
restaurants or other establishments which are primarily
engaged in the business of serving food, but which also
serve nonintoxicating beer, wine or alcoholic liquors, so
long as those persons under eighteen years of age are not
employed in a position where the job responsibilities
include selling or serving nonintoxicating beer, wine or
alcoholic liquors.
Be it enacted by the Legislature of West Virginia:
That section twenty-seven, article eight, chapter sixty-one
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-27. Unlawful admission of children to dance house, etc.;
penalty.
Any proprietor or any person in charge of a dance house,
concert saloon, theater, museum, or similar place of amusement,
or other place, where wines or spirituous or malt liquors are
sold or given away, or any place of entertainment injurious to
health or morals, who admits or permits to remain therein any
minor under the age of eighteen years, unless accompanied by his
or her parent or guardian, shall be guilty of a misdemeanor and,
on conviction thereof, shall be punished by a fine not exceeding
two hundred dollars.
The provisions of this section do not apply to persons under
eighteen years of age who are employed at restaurants or other
establishments which are primarily engaged in the business of
serving food, but which also serve nonintoxicating beer, wine or
alcoholic liquors, so long as those persons under eighteen years
of age are not employed in a position where the job
responsibilities include selling or serving nonintoxicating beer,
wine or alcoholic liquors.
NOTE: The purpose of this bill is to provide that the
provisions of §61-8-27 do not preclude the employment of minors
at restaurants or other establishments which are primarily
engaged in the business of serving food, but which also serve nonintoxicating beer, wine or alcoholic liquors, so long as those
minors are not employed in a position where the job
responsibilities include selling or serving nonintoxicating beer,
wine or alcoholic liquors.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.