(a) No person shall:
(1) Appear in a public place in an intoxicated condition;
(2) Drink alcoholic liquor or non-intoxicating beer or have an open container of alcoholic liquor or non-intoxicating beer in or on any public sidewalk, walkway, entranceway, street, lane or other public place;
(3) Drink alcoholic liquor or non-intoxicating beer in a motor vehicle on any highway, street, alley or in a public garage. No person shall possess an open container of non-intoxicating beer or alcoholic liquor in a motor vehicle, except in a place which can be reached only by leaving the vehicle;
(4) Tender a drink of alcoholic liquor to another person in a public place;
(5) Possess alcoholic liquor in the amount in excess of ten gallons, in containers not bearing stamps or seals of the West Virginia Alcohol Beverage Control Commissioner, without having first obtained written authority from the Commissioner therefor; and/or
(6) Possess any alcoholic liquor which was manufactured or acquired in violation of the provisions of W.Va. Code Ch. 60.
(b) Whoever violates subsections (a)(5) or (a)(6) above is guilty of a misdemeanor for a first offense.
(W.Va. Code § 60-6-9)