H. B. 2883


(By Delegates Wysong, Tabb, Doyle, Shaver
and Guthrie)

[Introduced February 7, 2007; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact §16-9A-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-3A-24 of said code, all relating to increasing the fines to stores selling tobacco products to minors; increasing the fines to anyone furnishing tobacco or liquor to a minor; and increasing fines for anyone under age twenty-one using false identification to purchase liquor from a retail licensee.

Be it enacted by the Legislature of West Virginia:
That §16-9A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §60-3A-24 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar, snuff or chewing tobacco to persons under eighteen; penalties for first and subsequent offense.

(a) No person, firm, corporation or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product; or
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form.
(b) Any firm or corporation that violates any of the provisions of subdivision (1) or (2), subsection (a) of this section and any individual who violates any of the provisions of subdivision (1), subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined twenty-five one hundred dollars for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: At least one hundred two hundred fifty dollars but not more than two five hundred dollars for the second offense, if it occurs within two years of the first conviction; at least two hundred fifty-five dollars but not more than five hundred seven hundred fifty dollars for the third offense, if it occurs within two years of the first conviction. at least two hundred fifty dollars but not more than five hundred dollars for the fourth offense, if it occurs within five years of the first conviction; and at least one thousand dollars but not more than five thousand dollars for the fifth and any subsequent offenses, if the fifth or subsequent offense occurs within five years of the first conviction. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall lose their license to sell tobacco products.
(c) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form, is guilty of a misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than one hundred dollars; upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than one hundred nor more than five hundred dollars.
(d) The net proceeds of all fines collected under this article shall be disbursed equally between the local law-enforcement agency and the local tobacco prevention coalition in each county where the violation occurs.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons.
(a) (1) Any person who is eighteen or over but 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 an amount not to exceed five hundred dollars or shall be incarcerated in 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. Any person who is under eighteen years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a status offense, as that term is defined in section four, article one, chapter forty-nine of this code and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided in section eleven, article five of said chapter.
(2) 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 a licensee which includes the sale and serving of alcoholic liquor.
(3) 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 an amount not to exceed fifty one hundred dollars or imprisoned in 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, and placed on probation for a period not exceeding one year.
(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, upon conviction thereof, shall be fined an amount not to exceed one hundred two hundred fifty dollars. or imprisoned in 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, upon conviction thereof, shall be fined an amount not to exceed one hundred dollars or imprisoned in jail for a period not to exceed ten days, or both fined and imprisoned.



NOTE: The purpose of this bill is to increase the fines to stores selling tobacco products to minors; increase the fines to anyone furnishing tobacco or liquor to a minor; and to increase fines for anyone under age twenty-one using false identification to purchase liquor from a retail licensee.

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