(A) It shall be unlawful:
(1) For any licensee, his, her, its or their servants, agents or employees to sell, give or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer or cooler on weekdays between the hours of 2:00 a.m. and 7:00 a.m., or between the hours of 2:00 a.m. and 1:00 p.m., on any Sunday, except in private clubs licensed under the provisions of W.Va. Code §§ 60-7-1 et seq., where the hours shall conform with the hours of sale of alcoholic liquors;
(2) For any licensee, his, her, its or their servants, agents or employees, to sell, furnish or give any nonintoxicating beer as defined in state law to any person visibly or noticeably intoxicated, or to any person known to be insane or known to be a habitual drunkard;
(3) For any licensee, his her, its or their servants, agents or employees, to sell, furnish or give any nonintoxicating beer an defined in state law to any person who is less than 21 years of age;
(4) For any distributor to sell or offer to sell, or any retailer to purchase or receive, any nonintoxicating beer as defined in state law, except for cash; and no right of action shall exist to collect any claims for credit, extended contrary to the provisions of this division (A)(4). Nothing herein contained shall prohibit a licensee from crediting to a purchaser the actual price charged for packages or container returned by the original purchaser as a credit on any sale, or from refunding to any purchaser, the amount paid or deposited for such containers when title is retained by the vendor;
(5) For any brewer or distributor or brewpub or his, her, its or their agents, to transport or deliver nonintoxicating beer as defined in state law to any retail licensee on Sunday;
(6) For any brewer or distributor to give, furnish, rent or sell any equipment, fixtures, signs or supplies directly or indirectly or through a subsidiary or affiliate to any licensee engaged in selling products of the brewing industry at retail, or to offer any prize, premium, gift or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers; provided, that a distributor may offer, for sale or rent, tanks of carbonic gas. Nothing herein contained shall prohibit a brewer from sponsoring any professional or amateur athletic event or from providing prizes or awards for participants and winners in any such events; provided, however, that no such event shall be sponsored which permits actual participation by athletes or other persons who are minors, unless specifically authorised by the Commissioner;
(7) For any licensee to permit in his or her premises any lewd, immoral or improper entertainment, conduct or practice;
(8) For any licensee except the holder of a license to operate a private club issued under the provisions of W.Va. Code Ch. 60, Art. 7, or a holder of a license or a private wine restaurant issued under the provisions of W.Va. Code §§ 60-8-1 et seq., to possess a federal license, tax receipt or other permit entitling, authoring or allowing such licensee to sell liquor or alcoholic drinks other than nonintoxicating beer;
(9) For any licensee to obstruct the view of the interior of his or her premises by an enclosure, lattice or drapes or any means which would prevent plain view of the patrons occupying such premises. The interior of all licensed premises shall be adequately lighted at all times; provided, that provisions of this division (A)(9) shall not apply to the premises of a Class B retailer, the premises of a private club licensed under the provisions of W.Va. Code Ch. 60, Art. 11 or the premises of a private wine restaurant licensed under the provisions of W.Va. Code Ch. 60, Art. 8;
(10) For any licensee to manufacture, import, sell, trade, barter, possess or acquiesce in the sale, possession or consumption of any alcoholic liquors on the premises covered by such license or on premises directly or indirectly used in connection therewith; provided that the prohibition contained in this division (A)(10) with respect to the selling or possessing or to the acquiescence in the sale possession or consumption of alcoholic liquors shall not be applicable with respect to the holder of a license to operate a private club issued under the provisions of W.Va. Code Ch. 60, Art. 7, nor shall the prohibition be applicable to a private wine restaurant licensed under the provisions of W.Va. Code Ch. 60, Art. 8 insofar as such private wine restaurant is authorized to serve wine;
(11) For any retail licensee to sell or dispense nonintoxicating beer, as defined in state law, purchased or acquired from any source other than a distributor, brewer or manufacturer licensed under the laws of this state;
(12) For any licensee to permit loud, boisterous or disorderly conduct of any kind upon his or her premises or to permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community wherein such business is located; provided, that no licensee shall have in connection with his or her place of business any loud speaker located on the outside of the licensed premises that broadcasts or carries music of any kind;
(13) For any person who license been revoked, as in this section provided, to obtain employment with any retailer within the period of one year from the date of such revocation, or for any retailer to employ knowingly any such person within such time;
(14) For any distributor to sell, possess for sale, transport or distribute nonintoxicating beer except in the original container;
(15) For any licensee to knowingly permit any act to be done upon the licensed premises, the commission of which constitutes a crisis under the laws of this state;
(16) For any Class B retailer to permit the consumption of nonintoxicating beer upon his or her licensed premises;
(17) For any Class A licensee, his, her, its or their servants, agents or employees, or for any licensee by or through such servants, agents or employees, to allow, suffer or permit any person less than 18 years of age to loiter in or upon any licensed premises; except, however, that the provisions of this division (A)(17) shall not apply where such person under the age of 18 years is in or upon such premises in the immediate company of his or her parent or parents, or, where and while such person under the age of 18 years is in or upon such premises for the purpose of and actually making a lawful purchase of any items or commodities therein sold, or for the purchase of and actually renewing any lawful service therein rendered, including the consumption of any item of food, drink or soft drink therein lawfully prepared and served or sold for consumption on such premises;
(18) For any distributor to sell, offer for sale, distribute or deliver any nonintoxicating beer outside the territory assigned to such distributor by the brewer or manufacturer of such nonintoxicating beer or to sell, offer for sale, distribute or deliver any such nonintoxicating beer to any retailer whose principal place of business or licensed premises is within the assigned territory of another distributor of such nonintoxicating beer; provided, that nothing herein shall be deemed 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; and
(19) For any licensee or any agent, servant or employee of any such licensee to knowingly violate any rule or regulation lawfully promulgated by the Commissioner in accordance with the provisions of W.Va. Code Ch. 29a (§§ 29A-1-1 et seq.).
(B) Nothing in this section nor any rule or regulation of the Commissioner shall prevent or be deemed to prohibit any licensee from employing any person who is at least 18 years of age to serve in such licensee’s lawful employ, including the sale or delivery of nonintoxicating beer as defined in state law. With the prior approval of the Commissioner, a licensee who principal business is the sale of food or consumer goods or the providing of recreational activities including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores, may employ persons who are lees than 18 years of age but at least 16 years of age; provided, that such person’s duties shall not include the sale or delivery of nonintoxicating beer or alcoholic liquors; provided, however, that the authorization to employ such persons under the age of 18 years shall be clearly indicated on the licensee’s license.
(Ord. passed 5-19-1994) Penalty, see § 111.999
Statutory reference:
For corresponding provisions of state law, see W.Va. Code § 11-16-18