H. B. 2194
(By Delegate L. Smith)
[Introduced February 14, 2001; referred to the
Committee on Industry and Labor, Economic Development and Small
Business 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.