§60-6-7. Specific acts forbidden; indictment.
A person shall not:
(1) Manufacture or sell in this state without a license any alcoholic liquor except as permitted by this article;
(2) Aid or abet in the manufacture or sale of alcoholic liquor without a license except as permitted by this article;
(3) Sell without a license any alcoholic liquor other than permitted by this article;
(4) Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, unrectified or impure form of ethyl alcohol, or other foreign or deleterious substance or liquid;
(5) Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this state;
(6) Advertise any alcoholic liquor in this state except in accordance with the rules and regulations of the commissioner; or
(7) Distribute, deal in, process, or use crowns, stamps or seals required under the authority of this chapter, except in accordance with the rules and regulations prescribed by the commissioner; or
(8) Manufacture or sell, aid or abet in the manufacture or sale, possess, use or in any other manner provide or furnish powdered alcohol.
A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction shall be fined not less than $50 nor more than $500, or confined in jail not less than thirty days nor more than one year or both such fine and imprisonment, for the first offense.
Upon conviction of a second or subsequent offense, the court may in its discretion impose a penalty of confinement in the penitentiary for a period not to exceed three years. A person who violates any provision of this section for the second or any subsequent offense under this section, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correction facility for a period not to exceed three years.
An indictment for any first violation of subdivisions (1), (2) and (3) of this section, or any of them, shall be sufficient if in form or effect as follows:
State of West Virginia
County of ..........................., to wit:
The Grand Jurors of the State of West Virginia, in and for the body of the County of .........., upon their oaths present that ..............., on the ....... day of ........, 19...., in the said County of .........., did unlawfully, without a State license and without authorization under the Alcohol Beverage Control Act, manufacture and sell, and aid and abet in the manufacture and sale of a quantity of alcoholic liquor, against the peace and dignity of the state.
Any indictment under this section shall otherwise be in conformity with section one, article nine, chapter sixty-two of the code.