Senate Bill No. 549

(By Senators K. Facemyer, Stollings and Kessler (Mr. President))

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[Introduced February 9, 2012; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating generally to penalties and crimes involving sales of liquor; requiring community service instead of the option of jail time for persons who furnish alcohol to those under the age of twenty-one; and requiring community service instead of the option of jail time for those who drink on the premises of a liquor store.

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 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 confined in jail, or, in the case of a juvenile, a detention center, 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.

    (2) Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any prevents or prohibits a 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 prohibits 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 Control 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 $100 or confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed seventy-two hours, or both fined and confined or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year. Any person convicted under this section may be sentenced pursuant to the provisions of section one-a, article eleven-a, chapter sixty-two of this code.

    (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 confined in jail for a period not to exceed ten days, or both fined and confined. and shall complete community service for a period not to exceed seventy-two hours.

    (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 confined in jail for a period not to exceed ten days, or both fined and confined. and shall complete community service for a period not to exceed seventy-two hours.

    NOTE: The purpose of this bill is to require community service instead of the option of jail time for persons convicted of furnishing alcohol to minors or convicted of drinking on the premises of liquor stores.

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