521.04  UNLAWFUL SALE OR POSSESSION BY ALCOHOLIC LIQUORLICENSEE.
   No person licensed under West Virginia Code Chapter 60 shall:
   (a)   Sell, furnish, tender or serve alcoholic liquors of a kind other than that which is permissible under West Virginia Code Chapter 60;
   (b)   Sell, furnish, tender or serve beer to which wine, spirits or alcohol has been added;
   (c)   Sell, furnish, tender or serve wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture thereof under regulations of the Commission;  (WVaC 60-6-8)
   (d)   (1)   Sell, furnish, tender or serve alcoholic liquors or nonintoxicating beer to a person who is:
         A.   Less than twenty-one years of age;
         B.   An habitual drunkard;
         C.   Intoxicated;
         D.   Addicted to the use of any controlled substance as defined by West Virginia Code Chapter 60A;
         E.   Mentally incompetent.
      (2)   It shall be a defense to a violation of subsection (d)(1)A. hereof if the seller shows that the purchaser:
         A.   Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or
         B.   Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
            (WVaC 60-3-22; 60-6-8)
   (e)   Sell, furnish, tender or serve alcoholic liquors except as authorized by his or her license;
   (f)   Sell, furnish, tender or serve alcoholic liquors other than by the drink, poured from the alcoholic liquors’ original container: provided, that under certain requirements exceptions to liquor by the drink are as follows:
      (1)   A private club licensed under West Virginia Code 60-7-1 et seq., that is in good standing with the Commissioner and has paid a $1000 on-premises only bottle service fee to the Commissioner, may sell or serve liquor by the bottle to two or more persons for consumption on the licensed premises only, and any liquor bottle sold by such a private club shall be sold at retail for personal use, and not for resale, to a person for not less than 300 percent of the private club’s cost, and no such liquor bottle shall be removed from the licensed premises by any person or the licensee; and
      (2)   A Class A licensee licensed under West Virginia Code 60-8-1 et seq., may sell or serve wine by the bottle to two or more persons for consumption on the licensed premises only, unless such licensee has obtained a license or privilege authorizing other activity;
   (g)   Sell, furnish, tender, or serve pre-mixed alcoholic liquor that is not in the original container: provided, that a licensee may sell, furnish, tender, and serve pre-mixed beverages consisting of alcoholic liquors, nonalcoholic mixer, and ice if:
      (1)   The frozen drink mixing machine is emptied and sanitized daily; and
      (2)   That a written record reflecting the cleaning and sanitizing of the frozen drink machine is maintained for inspection by the Commissioner and health inspectors;
   (h)   Sell, furnish, tender or serve any alcoholic liquor when forbidden by the provisions of this article;
   (i)   Sell, possess, possess for sale, tender, serve, furnish or provide any powdered alcohol;
   (j)   Keep on the premises covered by his or her license alcoholic liquor other than that which he or she is authorized to sell, furnish, tender, or serve by such license or by this article. 
   Whoever violates this section is guilty of a misdemeanor for the first offense.
(WVaC 60-6-8)