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Introduced Version House Bill 2877 History

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hb2877 intr
H. B. 2877


(By Delegates Lawrence, Phillips, D. Poling,

Stowers, Ferro, Argento and Schadler)

[Introduced February 27, 2009; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating to increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol; and removing the exception that relatives may furnish alcohol to a minor.

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 $500 or shall be incarcerated confined in jail for a period not to exceed seventy-two hours, or both fined and imprisoned confined or, in lieu of such fine and incarceration confinement, 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 considered 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 $100 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 and serve up to twenty hours of community service.
(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 $250 or imprisoned confined in jail for a period not to exceed ten days, or both fined and imprisoned confined.

(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 $100 or imprisoned confined in jail for a period not to exceed ten days, or both fined and imprisoned confined.


NOTE: The purpose of this bill is to increase the monetary penalties, to remove the possibility of incarceration and to add community service for a minor who misrepresents his or her age when purchasing alcohol; and to remove the exception that relatives of the minor may furnish alcohol to a minor.

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