§ 112.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Whoever violates §§ 112.49(A), 112.52(B) or 112.56(B) shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for not more than one year.

      (2)   Whoever violates §§ 112.49(b), 112.52(C) or 112.56(C) shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both.

(W. Va. Code 11-16-19, 60-3-22a, 60-8-20a, 60-3A-24)

      (3)   Whoever violates § 112.50(A) shall be sentenced in accordance with the following options:

         (a)   Upon first offense, a fine of an amount not to exceed state law. If the individual, prior to conviction, agrees to voluntarily attend the alcohol education program, the judge may delay sentencing until the program is completed and upon completion may dismiss the charges;

         (b)   Upon conviction for a second offense, a fine of an amount not to exceed state law and a term not to exceed state law in jail or completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center; and

         (c)   Upon third and subsequent convictions, a fine of an amount not to exceed state law and a term not to exceed state law in jail or a fine of an amount not to exceed state law and completion of not less than five hours of alcoholism counseling at the nearest community mental health- mental retardation center; provided, that three convictions for public intoxication within the preceding six months shall be considered evidence of alcoholism; provided, however that for the educational counseling programs described in this division (B)(3), the community mental health-mental retardation center may charge each participant its usual and customary fee and shall certify in writing to the referring judicial officer the completion or failure to complete the prescribed program for each individual. A person charged with a violation of § 112.50(A) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to W. Va. Code Articles 27-5 and 27-6A.

      (4)   Whoever violates § 112.50(B) shall be fined an amount not to exceed state law; upon a second or subsequent violation, shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

      (5)   Whoever violates § 112.50(C) shall be fined an amount not to exceed state law or imprisonment for a term not to exceed state law, or both.

(W. Va. Code 60-6-9)

      (6)   Whoever violates § 112.50(D) or (E) is guilty of a misdemeanor for a first offense and shall be fined an amount not to exceed state law.

(W. Va. Code 60-6-9)

      (7)   Whoever violates §§ 112.52(A), or 112.56(A) shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, or in lieu thereof, may, for the first offense, be placed on probation for a period not to exceed one year.

(W. Va. Code 11-16-19, 60-8-20a, 60-3A-24)

      (8)   Whoever violates § 112.53 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

(W. Va. Code 60-7-12)

      (9)   Whoever violates § 112.54(A) or (B) shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, and in addition may, for the first offense, be placed on probation for a period not to exceed one year.

      (10)   Whoever violates § 112.54(C) shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both.

(W. Va. Code 60-7-12a)

(Prior Code, § 521.99)

   (C)   Whoever violates § 112.47 is guilty of a misdemeanor for a first offense.

(Prior Code, § 521.03)

   (D)   Whoever violates § 112.50(E) or (F) is guilty of a misdemeanor for a first offense.

(Prior Code, § 521.06)