It shall be unlawful:
(a) For any licensee, his, 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 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 article 7, chapter 60 of the Code of West Virginia, where the hours shall conform with the hours of sale of alcoholic liquors.
(b) For any licensee, his, its or their servants , agents or employees to sell, furnish or give any nonintoxicating beer to any person visibly or noticeably intoxicated, or to any insane person, or to any habitual drunkard, or to any person under the age of twenty-one years.
(c) For any distributor to sell or offer to sell, or any retailer to purchase or receive, any nonintoxicating beer except for cash; and no right of action shall exist to collect any claims for credit extended contrary to the provisions of this subsection. Nothing herein contained shall prohibit a licensee from crediting to a purchaser the actual price charged for packages or containers 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.
(d) For any brewer or distributor or his, its or their agents to transport or deliver nonintoxicating beer to any retail licensee on Sunday.
(e) 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 nothing contained herein shall prohibit a distributor from offering for sale or renting tanks of carbonic gas.
(f) For any licensee to transport, sell, deliver or purchase any nonintoxicating beer or product of the brewing industry upon which there shall appear a label or other informative data which in any manner refers to the alcoholic content of such beer or product of the brewing industry, or upon the label of which there appear the words “strong”, “full strength” “extra strength," "prewar strength," "high test" or other similar expressions bearing upon the alcoholic content of such product of the brewing industry , or which refers in any manner to the original alcoholic strength, extract or balling proof from which such beverage was produced; except, that such label shall state the alcoholic content thereof.
(g) For any licensee to permit in his premises any lewd, immoral or improper entertainment, conduct or practice.
(h) For any licensee, except the holder of a license to operate a private club issued under the provisions of article 7, chapter 60 of the Code of West Virginia, to possess a federal license, tax receipt or other permit entitling, authorizing or allowing such licensee to sell liquor or alcoholic drinks"
(i) For any licensee to obstruct the view of the interior of his premises by enclosure, lattice, 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 this subsection shall not apply to the premises of a class B retailer or to the premises of a private club licensed under article 7, chapter 60 of the Code of West Virginia.
(j) 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 prohibitions contained in this subsection 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 article 7, chapter 60 of the Code of West Virginia.
(k) For any licensee to print, paint or place upon the door, window or in any other public place in or about the premises the word "saloon" or word of similar character or nature, or for the word "saloon" or similar words to be used in any advertisement by the licensee.
(1) For any retail licensee to sell or dispense nonintoxicating beer purchased or acquired from any source other than a licensed distributor or brewer under the laws of the state.
(m) For any licensee to permit loud, boisterous or disorderly conduct of any kind upon his 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 place of business any loudspeaker located on the outside of the licensed premises that broadcasts or carries music of any kind.
(n) For any person whose license has been revoked, as provided in this article, to obtain employment with any retailer within the period of one year from the date of such revocation, or for any retailer to knowingly employ any such person within such time.
(o) For any distributor to sell, possess for sale, transport or distribute nonintoxicating beer, except in the original container.
(p) For any licensee to permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of the state.
(q) For any class B retailer to permit the consumption of nonintoxicating beer upon his licensed premises.
(r) For any licensee, his, 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 under the age of eighteen years to loiter in or upon any licensed premises; except, that this subsection shall not apply where such person under the age of eighteen years is in or upon such premises in the immediate company of his parent, or where and while such person under the age of eighteen 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 receiving 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.
Any person who violates any provision of this article or who makes any false statement concerning any material fact in submitting an application for a license or for a renewal of a license or in any hearing concerning the revocation thereof, or who commits any of the acts herein declared to be unlawful, shall be guilty of a misdemeanor and shall be punished for each offense by a fine of not less than twenty-five nor more than five hundred dollars, or imprisoned in the county jail for not less than thirty days or more than six months, or be punished by both fine and imprisonment at the discretion of the court. The magistrate court shall have concurrent jurisdiction with the circuit court and any other courts having criminal jurisdiction in the county, for the trial of all misdemeanors arising under this article.
(4-6-81)
(4-6-81)