H. B. 2745
(By Delegates Wysong, Tabb, Stemple, Pino,
Staggers, Shaver, Ellis, Stephens, Rodighiero and Paxton)
[Passed March 10, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §60-3A-24 of the Code of West Virginia,
1931, as amended, relating to increasing the fine for
furnishing alcohol to persons under 21 years of age.
Be it enacted by the Legislature of West Virginia:
That §60-3A-24 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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 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, be 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 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.