521.09 ACTS PROHIBITED BY PRIVATE CLUB LICENSEE.
   (a)    No person licensed under West Virginia Code Article 60-7, or his agent, employee or member thereof, on such licensee's premises shall:
      (1)    Sell or offer for sale any alcoholic liquors other than from the original package or container;
      (2)    Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice; gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine;
      (3)    Sell, give away or permit the sale of, gift to or the procurement of any non intoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of non intoxicating beer, wine or alcoholic liquors on the licensee's premises, by any person less than twenty-one years of age;
      (4)    Sell, give away, or permit the sale of, gift to or the procurement of any non intoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of non intoxicating beer, wine or alcoholic liquor or the use of drugs;
      (5)    Sell, give or dispense non intoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of 3:00 a.m. and 1:00 p.m. on Sunday except as provided under Section 521.03A;
      (6)    Permit the consumption by, or serve to, on the licensed premises any non intoxicating beer, wine or alcoholic liquors, covered by this article, to any person who is less than twenty-one years of age;
      (7)    With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;
      (8)    Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of the private club or a guest of such member;
      (9)    Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption except as authorized by the Commissioner;
      (10)    A.    Employ any person who is less than eighteen years of age in a position where the primary responsibility for such employment is to sell, furnish or give non intoxicating beer, wine or alcoholic liquors to any person;
         B.    Employ any person who is between the ages of eighteen and twenty-one who is not directly supervised by a person aged twenty-one or over in a position where the primary responsibility for such employment is to sell, furnish or give non intoxicating beer, wine or alcoholic liquors to any person; or
      (11)    Violate any reasonable rule or regulation of the Alcohol Beverage Control Commissioner.
   (b)    No licensee shall advertise in any news media or other means, outside of the licensee's premises, the fact that alcoholic liquors may be purchased thereat.
(Passed 10-24-16.)