(A) Acts prohibited by wine dealers. It shall be unlawful:
(1) For a distributor to sell or deliver wine purchased or acquired from any source other than a person registered under the provisions of W.Va. Code § 60-8-6, or for a retailer to sell or deliver wine purchased or acquired from any source other than a licensed distributor or a farm winery as defined in W.Va. Code § 60-1-5a;
(2) Unless otherwise specifically provided for by the provisions of W.Va. Code Art. 60-8, for a licensee under W.Va. Code Art. 60-8 to acquire, transport, possess for safe or sell wine other than in the original package;
(3) For a licensee, his or her servants, agents or employees to sell, furnish or give wine to any person less than 21 years of age or to a mental incompetent or person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs; provided that, the provisions of W.Va. Code § 60-3A-25a shall apply to sales of wine;
(4) For a licensee to permit a person who is less than 18 years of age to sell, furnish or give wine to any person;
(5) For a distributor to sell or deliver any brand of wine purchased or acquired from any source other than the primary source of supply of the wine which granted the distributor the right to sell such brand at wholesale. For the purposes of this subchapter, PRIMARY SOURCE OF SUPPLY means the vintner of the wine, the importer of a foreign wine who imports the wine into the United States, the owner of a wine at the time it becomes a marketable product, the bottler of a wine, or an agent specifically authorized by any of the above enumerated persons to make a sale of the wine to a state distributor; provided that, no retailer shall sell or deliver wine purchased or acquired from any source other than a distributor licensed as such in the state; provided, however, that, nothing herein is considered 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 of which brand or brands such other distributor may be temporarily out of stock. The Alcohol Beverage Commissioner shall promulgate rules necessary to carry out the provision of this division (A)(5);
(6) For a person to violate any reasonable rule or regulation promulgated by the Alcohol Beverage Control Commissioner under W.Va. Code Art. 60-8; and
(7) Nothing in this subchapter, nor any rule or regulation of the Commissioner, shall prevent or be considered to prohibit any licensee from employing any person who is at least 18 years of age to serve in any licensee’s lawful employment, including the sale or delivery of wine under the provisions of 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 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, may employ persons who are less than 18 years of age, but at least 16 years of age; provided that, such person’s duties may 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, § 521.11)
(B) Unlawful purchase of wine.
(1) No person under the age of 21 years shall purchase, consume, sell, possess or serve wine or other alcoholic liquor.
(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 wine. 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 wine or alcoholic liquor.
(b) Nothing in this division (B)(1) shall prohibit a person who is at least 18 years of age from purchasing or possessing wine or alcoholic liquor 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 wine or other alcoholic liquors from a licensee, 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 illegally attempt to purchase wine or other alcoholic liquors.
(3) No person shall knowingly buy for, give to or furnish wine or other alcoholic liquors from any source to anyone under the age of 21 years to whom they are not related by blood or marriage.
(Prior Code, § 521.12)
(C) Unlawful purchase from retail liquor licensee.
(1) No person under the age of 21 years shall purchase, consume, sell, serve or possess alcoholic liquor.
(a) Nothing is 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 a licensee which includes the sale and serving of alcoholic liquor.
(b) Nothing in this division (C)(1) shall prohibit a person who is at least 18 years of age from purchasing or possessing alcoholic liquor 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 shall, for the purpose of purchasing liquor from a retail 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 liquor from a retail licensee.
(3) No person shall knowingly buy for, give to or furnish to anyone under the age of 21 to whom he or she is not related by blood or marriage any liquor from whatever source.
(4) No person while on the premises of a retail outlet shall consume liquor or break the seal on any package or bottle of liquor.
(Prior Code, § 521.13) Penalty, see § 111.99
Statutory reference:
Related provisions, see W.Va. Code § 60-3A-24