It shall be unlawful:
(a) For a supplier or distributor to sell or deliver wine purchased or acquired from any source other than a person registered under the provisions of West Virginia Code 60-8-6, or for a retailer to sell or deliver wine purchased or acquired from any source other than a licensed distributor or a farm winery as defined in West Virginia Code 60-1-5a;
(b) Unless otherwise specifically provided for by the provisions of West Virginia Code Article 60-8, for a licensee under West Virginia Code Article 60-8 to acquire, transport, possess for sale, or sell wine other than in the original package;
(c) For a licensee, his or her servants, agents or employees to sell, furnish or give wine to any person less than twenty-one years of age or to a mentally incompetent person or person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs: provided that the provisions of West Virginia Code 60-3A-25a shall apply to sales of wine;
(d) For a licensee to permit a person who is less than eighteen years of age to sell, furnish or give wine to any person, except as provided for in subsection (g) of this section;
(e) For a supplier or distributor to sell or deliver any brand of wine purchased or acquired from any source other than the primary source of supply of the wine which granted the distributor the right to sell such brand at wholesale. For the purposes of this article, "primary source of supply" means the vintner of the wine, the importer of a foreign wine who imports the wine into the United States, the owner of a wine at the time it becomes a marketable product, the bottler of a wine, or an agent specifically authorized by any of the above enumerated persons to make a sale of the wine to a West Virginia distributor: provided, that no retailer shall sell or deliver wine purchased or acquired from any source other than a distributor or farm winery licensed as such in this State: provided, however, that nothing herein is considered to prohibit sales of convenience between distributors licensed in this State wherein one such distributor sells, transfers or delivers to another such distributor a particular brand or brands for sale at wholesale of which brand or brands such other distributor has been authorized by a licensed supplier to distribute. The Commissioner shall promulgate legislative rules necessary to carry out the provision of this subsection;
(f) For a person to violate any rule promulgated by the Commissioner under West Virginia Code Article 60-8.
(g) Nothing in this article, nor any rule or regulation of the Commissioner, shall prevent or be considered to prohibit any licensee from employing any person who is at least eighteen years of age to serve in any licensee's lawful employment, including the sale of wine or distribution of wine on behalf of a winery, farm winery, farm entity, supplier or distributor under the provisions of this article. With the prior approval of the Commissioner, a licensee may employ persons who are less than eighteen years of age but at least sixteen years of age: Provided, that the person's duties may include the sale of nonintoxicating beer or wine only when directly supervised by a person twenty-one years of age or older: Provided, however, that the authorization to employ persons under eighteen years of age shall be clearly indicated on the licensee's license: Provided, further, that nothing in this article, nor any rule or regulation of the Commissioner, shall prevent or be considered to prohibit any licensee from employing any person who is at least twenty-one years of age for the ordering and delivery of wine when licensed for the ordering and delivery of wine under the provisions of this article.
(WVaC 60-8-20; Ord. 2022-011. Passed 11-7-22.)