(a) Definitions. Words and phrases defined in West Va. Code 11-16-2, 60-1-5 and 60-7-2 shall have the same meanings as therein defined wherever such words and phrases are used in this chapter.
(b) Tax Imposed on Purchase Price of Intoxicating Liquors Sold at Retail Store.
(1) Pursuant to West Va. Code 8-13-7, as amended, there is hereby imposed a tax of five percent (5%) of the retail purchase price of any and all intoxicating liquors purchased from the Alcohol Beverage Control Commission or from any store or outlet authorized by ABCC or from any person licensed to sell wine at retail to the public under the provision of Chapter 60, Article 8 of the aforesaid Code of West Virginia, within the corporate boundaries or within one mile of the corporate boundaries of the City. Such tax shall be levied upon the purchaser of said intoxicating liquor or wine, and shall be added to any collected with the retail purchase price of such intoxicating liquor or wine. Such tax shall be received by the Municipality from the State Treasury pursuant to the rules and regulations adopted by the Alcohol Beverage Control Commission. Provided, however, that such tax shall not be collected on intoxicating liquors, other than wine, sold by or purchased from holders of a license issued under the provisions of Chapter 60, Article 7 of said West Virginia Code. Provided further, such tax shall be collected upon all sales of wine to holders of a license issued under the provisions of Chapter 60, Article 7 of said West Virginia Code from a wine distributor licensed pursuant to the provisions of Chapter 60, Article 3 et seq of said West Virginia Code.
(2) A certified copy of the Ordinance from which this section derives has been provided to the State Alcohol Beverage Control Commissioner, as required by West Va. Code 6 13-7, which further provides that the City tax shall be added to and collected with the purchase price.
(c) Specific Acts Forbidden.
(1) A person under the age of twenty-one (21) years may not order, pay for, share the cost of, or attempt to purchase any non-intoxicating beer, wine or alcoholic liquors from a licensee, or consume any non-intoxicating beer, wine or alcoholic liquors purchased from a licensee or possess any non intoxicating beer, wine or alcoholic liquors purchased from a licensee. Any person under the age of twenty-one (21) years who violates any provisions of this subsection is guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed five hundred dollars ($500.00) or imprisoned in the Regional Jail for a period not to exceed seventy-two (72) hours, or both fined and imprisoned, and, in addition to such fine and imprisonment, may, for the first offense, be placed on probation for a period not to exceed one (1) year: provided, that nothing in this subsection shall prohibit a person who is at least eighteen (18) years of age from purchasing or possessing non-intoxicating beer, wine or alcoholic liquors 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 Administration while the agency is conducting an investigation or other activity regarding the enforcement of the alcohol beverage control statutes and the rules and regulations of the Commissioner.
(2) Any person under the age of twenty-one (21) years who, for the purpose of purchasing non-intoxicating beer, wine, or alcoholic liquors from a 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 non-intoxicating beer, wine or alcoholic liquors from a licensee, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed five hundred dollars ($500.00) or shall be imprisoned in the Regional Jail for a period not to exceed seventy-two (72) hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one (1) year.
(3) Any person who knowingly buys for, gives to or furnishes to anyone under the age of twenty-one (21), any non-intoxicating beer, wine or alcoholic liquors purchased from a licensee, is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), or imprisoned in the Regional Jail not more than ten (10) days, or both fined and imprisoned.
(4) A person shall not:
A. Manufacture or sell in this City without a license any alcoholic liquor except as permitted by State Law;
B. Aid or abet in the manufacture or sale of alcoholic liquor without a license except as permitted by State Law;
C. Sell without a license any alcoholic liquor other than permitted by State Law; Sell without a license any alcoholic liquor other than provided by West Virginia Code Article 60-6 and Section 741.01h;
D. Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, un-rectified or impure form of ethyl alcohol, or other foreign or deleterious substance or liquid;
E. Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this State;
F. Advertise any alcoholic liquor in this City except in accordance with the rules and regulations of the Commission;
G. Distribute, deal in, process, or use crowns, stamps or seals required under the authority of this chapter, except in accordance with the rules and regulations prescribed by the State Liquor Control Commission.
(d) Unlawful Sale or Possession by a Licensee. A person licensed under the provisions of this article shall not:
(1) Sell alcoholic liquors of a kind other than that which such license or this article authorizes him to sell.
(2) Sell beer to which wine, spirits or alcohol has been added.
(3) Sell wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture thereof under regulation of the State Liquor Control Commission.
(4) Sell alcoholic liquors to a person who is:
A. Less than twenty-one (21) years of age;
B. A habitual drunkard;
C. Intoxicated;
D. Addicted to the use of narcotic drugs;
E. Mentally incompetent.
(5) Sell alcoholic liquors except as authorized by his license.
(6) Sell any alcoholic liquor when forbidden by the provisions of this article.
(7) Keep on the premises covered by his license alcoholic liquor other than that which he is authorized to sell by such license or by this article.
(e) Intoxication or Drinking in Public Places. It shall be unlawful for any person to:
(1) Appear on property owned by the City of Lewisburg or in a public place in an intoxicated condition.
(2) Drink alcoholic liquor or non-intoxicating beer in a public place or possess the same in any open container in or on any public sidewalk, street, lane or any public place within the corporate limits.
(3) Drink alcoholic liquor or non-intoxicating beer in a motor vehicle on any street or in a public garage or parking place or place of business open to the general public, except those places duly licensed for such purpose pursuant to this chapter.
(4) Tender a drink of alcoholic liquor or non-intoxicating beer to another person in a public place.
(5) Possess alcoholic liquor in the amount in excess of one gallon, in containers not bearing stamps or seals of the West Virginia Liquor Control Commission, without having first obtained written authority from that Commission therefore.
(6) Possess any alcoholic liquor which was manufactured or acquired in violation of the provisions of Chapter 60 of the Code of West Virginia.
(f) False Statement in Application for License. It shall be unlawful for any applicant for any license under this article to knowingly make any false Statement of any material fact in his application for such license.
(g) Sale of Liquor by the Bottle by Retail Liquor Stores.
(1) As the State of West Virginia shall require a retail outlet to obtain a liquor license from the State, the City of Lewisburg shall also issue liquor licenses subsequent to the retail outlet receiving a liquor license from the State. After the issuance of a State liquor license, the applicant must then file an application with the City Recorder of the City of Lewisburg, West Virginia.
(2) The annual retail license period shall be from the first day of July to the thirtieth day of June of the following year. The annual retail license fee, if an applicant holds a Class A retail license under State Law, shall be the sum of one thousand five hundred dollars ($1,500) per outlet. The annual retail license fee if an applicant holds a Class B license shall be five hundred ($500) per outlet. The annual retail license fee for the initial year of issuance shall be prorated based on the number of days remaining between the date of issuance and the following thirtieth day of June.
(3) A retail license shall expire on the thirtieth day of June each year and may be renewed only upon the submission to the City Recorder of the City of Lewisburg, West Virginia.
(4) No person may sell liquor at any retail outlet if the retail license applicable to such outlet has been suspended or revoked, or has expired.
(5) All retail licenses issued or renewed under the provisions of this Section shall expire and be of no further force or effect as of the first day of July, in 2000. Licenses issued thereafter will be so issued in accordance with applicable law.
(6) Violations of the provisions of this article shall be punishable by a fine of five hundred ($500) dollars and/or imprisonment for up to 30 days.
(h) Sale of Alcohol on Sundays.
(1) "On-Premise Licensee" shall be defined to mean any person who holds one of the following Class A licenses issued by the West Virginia Alcohol Beverage Control Administration to sell alcoholic beverages:
A. Private Club (less than 1,000 members) - liquor, wine & non-intoxicating beer;
B. Private Club (1,000 or more members) - liquor, wine & non-intoxicating beer;
C. Fraternal Club (Non-Profit) - liquor, wine & non-intoxicating beer;
D. Fraternal Club (Non-Profit) - non-intoxicating beer;
E. Tavern - non-intoxicating beer;
F. Private Wine Restaurant - wine only;
G. Private Wine Restaurant - wine & non-intoxicating beer only;
H. Private Wine Spa - wine only;
I. Private Wine Bed & Breakfast - wine only;
J. Brew Pub (Resident Brewer/Importer License Required);
K. Special Events (Fairs and Festivals) - wine & non-intoxicating beer;
L. Special Events (Fairs and Festivals) - wine only;
M. Special Events (Fairs and Festivals) - non-intoxicating beer only; or
N. Growler.
(2) "Person" shall be defined to mean an individual, firm, corporation, association, partnership, limited partnership, Limited Liability Company or other entity, regardless of its form, structure or nature.
(3) Notwithstanding anything to the contrary contained in the Code of City of Lewisburg, Code of West Virginia, or Code of State Rules of West Virginia, any On-Premise Licensee shall be permitted to sell alcoholic beverages pursuant to the terms of its license, but beginning at ten a.m. on any Sunday. (Ord. 263. Passed 7-19-16.)