sb515 intr

Senate Bill No. 515
(By Senators Unger, Edgell, Redd, McCabe and Mitchell)
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[Introduced February 16, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section nineteen, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twenty-four, article three-a, chapter sixty of said code; to amend and reenact section twelve-a, article seven of said chapter; and to amend section twenty-a, article eight of said chapter, all relating to increasing penalties for minors who possess, consume or sell nonintoxicating beer, wine or alcoholic liquors, or who falsely represent their age to purchase nonintoxicating beer, wine or alcoholic liquors; fines and community service imposed; and revocation of license to operate motor vehicle.

Be it enacted by the Legislature of West Virginia:

That section nineteen, 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-four, article three-a, chapter sixty of said code be amended and reenacted; that section twelve-a, 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; 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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

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 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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

(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~~ thousand dollars or shall be imprisoned in the regional or 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 regional or 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.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-24. Unlawful acts by persons; penalties.

(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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor, and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

Nothing in this subsection shall prohibit a person who is at least 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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

(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~~ thousand dollars or imprisoned in the regional or 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 may consume 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 regional or county jail for a period not to exceed ten days, or both fined and imprisoned.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-12a. Unlawful acts by persons; penalties.

(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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service. ~~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 the commissioner.

(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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

(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~~ one thousand dollars, or imprisoned in the regional or county jail not more than ten days, or both fined and imprisoned.

ARTICLE 8. SALE OF WINES.

§60-8-20a. Unlawful acts by persons; penalties.

(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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

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 have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of six months, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and shall be sentenced to perform forty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the forty hours of mandatory community service. A person convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor and shall have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional community service may reduce his or her fine by an amount equal to the prevailing minimum wage for each hour of community service performed beyond the eighty hours of mandatory community service.

(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, upon conviction thereof, be fined in an amount not to exceed one ~~hundred~~ thousand dollars or shall be imprisoned in the regional or county jail for a period not to exceed ten days, or both such fine and imprisonment.

NOTE: This bill increases penalties for minors who possess, consume or sell alcoholic beverages, or who falsely represent their age to obtain alcoholic beverages.

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