(A) Acts prohibited by non-intoxicating beer licensee.
(1) No licensee under W.Va. Code Art. 11-16, his, her, its or their servants, agents or employees shall sell, give or dispense, and no individual shall drink or consume, in or on any licensed premises or in any rooms directly connected therewith, non-intoxicating beer or cooler 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 W.Va. Code Art. 60-7, where the hours shall conform with the hours of sale of alcoholic liquors.
(2) No licensee, his, her, its or their servants, agents or employees shall sell, furnish or give any non-intoxicating beer as defined in this subchapter to any person visibly or noticeably intoxicated, or to any person known to be insane or known to be a habitual drunkard.
(3) No licensee, his, her, its or their servants, agents or employees, shall sell, furnish or give any non-intoxicating beer as defined in this subchapter to any person who is less than 21 years of age.
(4) No distributor shall sell or offer to sell, and no retailer shall purchase or receive, any non- intoxicating beer as defined in this subchapter, except for cash; and no right of action shall exist to collect any claims for credit extended contrary to the provisions of this division (A)(4). 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.
(5) No brewer or distributor or brewpub or his, her, its or their agents shall transport or deliver non-intoxicating beer, as defined in this subchapter, to any retail licensee on Sunday.
(6) No brewer or distributor shall 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 offer any prize, premium, gift or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers; provided that, a distributor may offer, for sale or rent, tanks of carbonic gas. Nothing herein contained shall prohibit a brewer from sponsoring any professional or amateur athletic event or from providing prizes or awards for participants and winners in any such events; provided, however, that, no such event shall be sponsored which permits actual participation by athletes or other persons who are minors, unless specifically authorized by the Non-intoxicating Beer Commissioner.
(7) No licensee shall permit in his or her premises any lewd, immoral or improper entertainment, conduct or practice.
(8) No licensee, except the holder of a license to operate a private club issued under the provisions of W.Va. Code Art. 60-7, or a holder of a license for a private wine restaurant issued under the provisions of W.Va. Code Art. 60-8, shall possess a federal license, tax receipt or other permit entitling, authorizing or allowing such licensee to sell liquor or alcoholic drinks other than non- intoxicating beer.
(9) No licensee shall obstruct the view of the interior of his or her 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, provisions of this division (A)(9) shall not apply to the premises of a Class B retailer, the premises of a private club licensed under the provisions of W.Va. Code Art. 60-7, or the premises of a private wine restaurant licensed under the provisions of W.Va. Code Art. 60-8.
(10) No licensee shall 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 prohibition 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 W.Va. Code Art. 60-7, nor shall the prohibition be applicable to a private wine restaurant licensed under the provisions of W.Va. Code Art. 60-8, insofar as such private wine restaurant is authorized to serve wine.
(11) No retail licensee shall sell or dispense non-intoxicating beer as defined in this subchapter, purchased or acquired from any source other than a distributor, brewer or manufacturer licensed under the laws of the state.
(12) No licensee shall permit loud, boisterous or disorderly conduct of any kind upon his or her premises or 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 or her place of business any loudspeaker located on the outside of the licensed premises that broadcasts or carries music of any kind.
(13) No person whose license has been revoked shall obtain employment with any retailer within the period of one year from the date of such revocation, and no retailer shall employ knowingly any such person within such time.
(14) No distributor shall sell, possess for sale, transport or distribute non-intoxicating beer, except in the original container.
(15) No licensee shall knowingly permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of the state or municipality.
(16) No Class B retailer shall permit the consumption of non-intoxicating beer upon his or her licensed premises.
(17) No Class A licensee, his, her, its or their servants, agents or employees, or any licensee by or through such servants, agents or employees, shall allow or permit any person less than 18 years of age to loiter in or upon any licensed premises; except, however, that the provisions of this division (A)(17) shall not apply where such person under the age of 18 years is in or upon such premises in the immediate company of his or her parent or parents, or where and while such person under the age of 18 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.
(18) No distributor shall sell, offer for sale, distribute or deliver any non-intoxicating beer outside the territory assigned to such distributor by the brewer or manufacturer of such non-intoxicating beer or sell, offer for sale, distribute or deliver any such non-intoxicating beer to any retailer whose principal place of business or licensed premises is within the assigned territory of another distributor of such non-intoxicating beer; provided that, nothing herein shall be deemed to prohibit sales of convenience between distributors licensed in the state wherein one such distributor sells, transfers or delivers to another such distributor a particular brand or brands for sale at wholesale.
(19) No licensee or any agent, servant or employee of any such licensee shall knowingly violate any rule or regulation lawfully promulgated by the Commissioner.
(20) Any person who violates any provision of this section, or any rule, regulation or order lawfully promulgated by the Commissioner, or who makes any false statement concerning any material fact in submitting application for 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 punished as provided in § 111.99(B) of this chapter.
(21) Nothing in this section, nor any rule or regulation of the Commissioner, shall prevent or be deemed to prohibit any licensee from employing any person who is at least 18 years of age to serve in such licensee’s lawful employ, including the sale or delivery of non-intoxicating beer as defined in this subchapter. With the prior approval of the Commissioner, a licensee whose principal business is the sale of food or consumer goods or the providing of recreation activities, including, but not limited to, nationally franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores, may employ persons who are less than 18 years of age, but at least 16 years of age; provided that, such person’s duties shall not include the sale or delivery of non-intoxicating beer or alcoholic liquors; provided, however, that, the authorization to employ such persons under the age of 18 years shall be clearly indicated on the licensee’s license.
(Prior Code, § 521.07)
(B) Unlawful purchase of non-intoxicating beer.
(1) No person under the age of 21 years shall purchase, consume, sell, possess or serve non- intoxicating beer.
(a) Nothing in this section, nor any rule or regulation of the Alcohol Beverage Control Commissioner, shall prevent or be deemed to prohibit any person who is at least 18 years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of non- intoxicating beer. Further, nothing in this section, nor any rule or regulation of the Commissioner, shall prevent or be deemed to prohibit any person who is less than 18, but at least 16 years of age from being employed by a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally-franchised fast food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores; provided that, such person shall not sell or deliver non-intoxicating beer.
(b) Nothing in this division (B)(1) shall prohibit a person who is at least 18 years of age from purchasing or possessing non-intoxicating beer 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 state’s Alcohol Beverage Administration while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules and regulations of the Commissioner.
(2) No person under the age of 21 years for the purpose of purchasing non-intoxicating beer, shall misrepresent his or her age, or for such purpose present or offer any written evidence of age which is false, fraudulent or not actually his or her own, or shall illegally attempt to purchase non-intoxicating beer.
(3) No person shall knowingly buy for, give to or furnish non-intoxicating beer to anyone under the age of 21 years to whom they are not related by blood or marriage.
(Prior Code, § 521.08) Penalty, see § 111.99
Statutory reference:
Related provisions, see W.Va. Code §§ 11-16-18, 11-16-19