Senate Bill No. 530
(By Senator Anderson)
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[Introduced February 6, 2002; referred to the Committee
on Banking and Insurance.]
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A BILL to amend and reenact section eighteen, article sixteen,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to nonintoxicating
beer generally; and allowing retailers of nonintoxicating beer
to pay distributors by electronic funds transfer.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article sixteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 16. NONINTOXICATING BEER.
§11-16-18. Unlawful acts of licensees; criminal penalties.
(a) It shall be unlawful:
(1) For any licensee, his, her, its or their servants, agents
or employees to sell, give or dispense, or any individual to drink
or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer or cooler on weekdays
between the hours of two o'clock a.m. and seven o'clock a.m., or
between the hours of two o'clock a.m. and one o'clock p.m., on any
Sunday, except in private clubs licensed under the provisions of
article seven, chapter sixty of this code, where the hours shall
conform with the hours of sale of alcoholic liquors;
(2) For any licensee, his, her, its or their servants, agents
or employees, to sell, furnish or give any nonintoxicating beer as
defined in this article to any person visibly or noticeably
intoxicated, or to any person known to be insane or known to be a
habitual drunkard;
(3) For any licensee, his, her, its or their servants, agents
or employees, to sell, furnish or give any nonintoxicating beer as
defined in this article to any person who is less than twenty-one
years of age;
(4) For any distributor to sell or offer to sell, or any
retailer to purchase or receive, any nonintoxicating beer as
defined in this article, except for cash or by electronic funds
transfer as provided in article four-a, chapter forty-six of this
code; and no right of action shall exist to collect any claims for
credit extended contrary to the provisions of this subdivision.
Nothing herein contained shall prohibit a licensee from crediting
to a purchaser the actual price charged for packages or containers
returned by the original purchaser as a credit on any sale, or from
refunding to any purchaser the amount paid or deposited for such the containers when title is retained by the vendor;
(5) For any brewer or distributor or brewpub or his, her, its
or their agents, to transport or deliver nonintoxicating beer as
defined in this article to any retail licensee on Sunday;
(6) For any brewer or distributor to give, furnish, rent or
sell any equipment, fixtures, signs or supplies directly or
indirectly or through a subsidiary or affiliate to any licensee
engaged in selling products of the brewing industry at retail, or
to offer any prize, premium, gift or other similar inducement,
except advertising matter of nominal value, to either trade or
consumer buyers: Provided, That a distributor may offer, for sale
or rent, tanks of carbonic gas. Nothing herein contained shall
prohibit a brewer from sponsoring any professional or amateur
athletic event or from providing prizes or awards for participants
and winners in any such events: Provided, however, That no such
event shall be sponsored which permits actual participation by
athletes or other persons who are minors, unless specifically
authorized by the commissioner;
(7) For any licensee to permit in his or her premises any
lewd, immoral or improper entertainment, conduct or practice;
(8) For any licensee except the holder of a license to operate
a private club issued under the provisions of article seven,
chapter sixty of this code, or a holder of a license or a private
wine restaurant issued under the provisions of article eight of
said chapter sixty, to possess a federal license, tax receipt or other permit entitling, authorizing or allowing such licensee to
sell liquor or alcoholic drinks other than nonintoxicating beer;
(9) For any licensee to obstruct the view of the interior of
his or her premises by enclosure, lattice, drapes or any means
which would prevent plain view of the patrons occupying such the
premises. The interior of all licensed premises shall be
adequately lighted at all times: Provided, That provisions of this
subdivision shall do not apply to the premises of a Class B
retailer, the premises of a private club licensed under the
provisions of article seven, chapter sixty of this code, or the
premises of a private wine restaurant licensed under the provisions
of article eight of said chapter sixty;
(10) For any licensee to manufacture, import, sell, trade,
barter, possess or acquiesce in the sale, possession or consumption
of any alcoholic liquors on the premises covered by such license or
on premises directly or indirectly used in connection therewith:
Provided, That the prohibition contained in this subdivision with
respect to the selling or possessing or to the acquiescence in the
sale, possession or consumption of alcoholic liquors shall is not
be applicable with respect to the holder of a license to operate a
private club issued under the provisions of article seven, chapter
sixty of this code, nor shall the prohibition be applicable to a
private wine restaurant licensed under the provisions of article
eight of said chapter insofar as such private wine restaurant is
authorized serve wine;
(11) For any retail licensee to sell or dispense
nonintoxicating beer, as defined in this article, purchased or
acquired from any source other than a distributor, brewer or
manufacturer licensed under the laws of this state;
(12) For any licensee to permit loud, boisterous or disorderly
conduct of any kind upon his or her premises or to permit the use
of loud musical instruments if either or any of the same may
disturb the peace and quietude of the community wherein such the
business is located: Provided, That no licensee shall may have in
connection with his or her place of business any loudspeaker
located on the outside of the licensed premises that broadcasts or
carries music of any kind;
(13) For any person whose license has been revoked, as in this
article provided, to obtain employment with any retailer within the
period of one year from the date of such the revocation, or for any
retailer to knowingly employ
any such that person within such a
specified time;
(14) For any distributor to sell, possess for sale, transport
or distribute nonintoxicating beer except in the original
container;
(15) For any licensee to knowingly permit any act to be done
upon the licensed premises, the commission of which constitutes a
crime under the laws of this state;
(16) For any Class B retailer to permit the consumption of
nonintoxicating beer upon his or her licensed premises;
(17) For any Class A licensee, his, her, its or their
servants, agents or employees, or for any licensee by or through
such any servants, agents or employees, to allow, suffer or permit
any person less than eighteen years of age to loiter in or upon any
licensed premises; except, however, that the provisions of this
subdivision shall do not apply where such a person under the age of
eighteen years is in or upon such the premises in the immediate
company of his or her parent or parents, or where and while such a
person under the age of eighteen years is in or upon such the
premises for the purpose of and actually making a lawful purchase
of any items or commodities therein sold, or for the purchase of
and actually receiving any lawful service therein rendered,
including the consumption of any item of food, drink or soft drink
therein lawfully prepared and served or sold for consumption on
such the premises;
(18) For any distributor to sell, offer for sale, distribute
or deliver any nonintoxicating beer outside the territory assigned
to such any distributor by the brewer or manufacturer of such
nonintoxicating beer or to sell, offer for sale, distribute or
deliver any such nonintoxicating beer to any retailer whose
principal place of business or licensed premises is within the
assigned territory of another distributor of such nonintoxicating
beer: Provided, That nothing herein shall be deemed to prohibit
sales of convenience between distributors licensed in this state
wherein one such distributor sells, transfers or delivers to another such distributor a particular brand or brands for sale at
wholesale; and
(19) For any licensee or any agent, servant or employee of any
such licensee to knowingly violate any rule or regulation lawfully
promulgated by the commissioner in accordance with the provisions
of chapter twenty-nine-a of this code.
(b) Any person who violates any provision of this article
including, but not limited to, any provision of this section, or
any rule, regulation, or order lawfully promulgated by the
commissioner, or who makes any false statement concerning any
material fact in submitting application for license or for a
renewal of a license or in any hearing concerning the revocation
thereof, or who commits any of the acts herein declared to be
unlawful, shall be guilty of a misdemeanor, and shall be punished
for each offense by a fine of not less than twenty-five nor more
than five hundred dollars, or imprisoned in the county jail for not
less than thirty days or more than six months, or by both fine and
imprisonment in the discretion of the court. Magistrates shall
have concurrent jurisdiction with the circuit court, and any other
courts having criminal jurisdiction in their county, for the trial
of all misdemeanors arising under this article.
(c) Nothing in this article nor any rule or regulation of the
commissioner shall prevent or be deemed to prohibit any licensee
from employing any person who is at least eighteen years of age to
serve in such the licensee's lawful employ, including the sale or delivery of nonintoxicating beer as defined in this article. With
the prior approval of the commissioner, 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, may employ persons who are less than eighteen
years of age but at least sixteen years of age: Provided, That
such the person's duties shall not include the sale or delivery of
nonintoxicating beer or alcoholic liquors: Provided, however, That
the authorization to employ such persons under the age of eighteen
years shall be clearly indicated on the licensee's license.
NOTE: the purpose of this bill is to allow retailers of
nonintoxicating beer to pay wholesalers by electronic funds
transfer in addition to cash payments.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.