No person licensed under W.Va. Code Ch. 60 shall:
(A) Sell alcoholic liquors of a kind other than that which is permissible under W.Va. Code Ch. 60;
(B) Sell beer to which wine, spirits or alcohol has been added;
(C) Sell wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture thereof under regulations of the state’s Alcohol Beverage Control Commissioner;
(D) (1) Sell alcoholic liquors or non-intoxicating beer to a person who is:
(a) Less than 21 years of age;
(b) An habitual drunkard;
(c) Intoxicated;
(d) Addicted to the use of any controlled substance as defined by W.Va. Code Ch. 60A; and
(e) Mentally incompetent.
(2) It shall be a defense to a violation of division (D)(1)(a) above if the seller shows that the purchaser:
(a) Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or
(b) Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
(E) Keep on the premises covered by his or her license any alcoholic liquor other than that which is authorized by W.Va. Code Ch. 60.
(Prior Code, § 521.04) Penalty, see § 111.99
Statutory reference:
Related provisions, see W.Va. Code §§ 60-3-22, 60-6-8