(A) Acts prohibited by private club licensee.
(1) No person licensed under W.Va. Code Art. 60-7, or his or her agent, employee or member thereof, on such licensee’s premises shall:
(a) Sell or offer for sale any alcoholic liquors other than from the original package or container;
(b) Authorize or permit any disturbance of the peace; obscene, lewd, immoral or improper entertainment, conduct or practice; gambling or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine;
(c) Sell, give away or permit the sale of, gift to or the procurement of any non-intoxicating beer, wine or alcoholic liquors for or to, or permit the consumption of non-intoxicating beer, wine or alcoholic liquors on the licensee’s premises, by any person less than 21 years of age;
(d) Sell, give away or permit the sale of, gift to or the procurement of any non-intoxicating beer, wine or alcoholic liquors, for or to any person known to be deemed legally incompetent, or for or to any person who is physically incapacitated due to consumption of non-intoxicating beer, wine or alcoholic liquor or the use of drugs;
(e) Sell, give or dispense non-intoxicating beer, wine or alcoholic liquors in or on any licensed premises or in any rooms directly connected therewith, between the hours of 3:00 a.m. and 1:00 p.m. on Sunday;
(f) Permit the consumption by, or serve to, on the licensed premises any non-intoxicating beer, wine or alcoholic liquors, covered by this subchapter, to any person who is less than 21 years of age;
(g) With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;
(h) Sell or offer for sale any alcoholic liquor to any person who is not a duly elected or approved dues paying member in good standing of the private club or a guest of such member;
(i) Sell, offer for sale, give away, facilitate the use of or allow the use of carbon dioxide, cyclopropane, ethylene, helium or nitrous oxide for purposes of human consumption, except as authorized by the Commissioner;
(j) 1. Employ any person who is less than eighteen years of age in a position where the primary responsibility for such employment is to sell, furnish or give non-intoxicating beer, wine or alcoholic liquors to any person; and
2. Employ any person who is between the ages of 18 and 21 who is not directly supervised by a person aged 21 or over in a position where the primary responsibility for such employment is to sell, furnish or give non-intoxicating beer, wine or alcoholic liquors to any person.
(k) Violate any reasonable rule or regulation of the Alcohol Beverage Control Commissioner.
(2) No licensee shall advertise in any news media or other means, outside of the licensee’s premises, the fact that alcoholic liquors may be purchased thereat.
(Prior Code, § 521.09)
(B) Unlawful purchase from private club.
(1) No person under the age of 21 years shall order, pay for, share the cost of or attempt to purchase any non-intoxicating beer, wine or alcoholic liquors from a licensee or consume any non- intoxicating beer, wine or alcoholic liquors purchased from a private club licensee or possess any non- intoxicating beer, wine or alcoholic liquors purchased from a licensee; provided that, 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, wine or alcoholic liquors 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, wine or alcoholic liquors from a private club licensee, 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 illegally attempt to purchase non-intoxicating beer, wine or alcoholic liquors from a licensee.
(3) No person shall knowingly buy for, give to or furnish to anyone under the age of 21 years any non-intoxicating beer, wine or alcoholic liquors purchased from a licensee.
(Prior Code, § 521.10) Penalty, see § 111.99
Statutory reference:
Related provisions, see W.Va. Code §§ 60-7-12, 60-7-12a