No person licensed under West Virginia Code Chapter 60 shall:
(a) Sell, furnish, tender or serve alcoholic liquors of a kind other than that which the license or West Virginia Code Chapter 60 authorizes him or her to sell;
(b) Sell, furnish, tender or serve beer to which wine, spirits or alcohol has been added;
(c) Sell, furnish, tender or serve wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture of the wine under rules of the Commission; (W. Va. Code 60-6-8)
(d) (1) Sell, furnish, tender or serve alcoholic liquors or nonintoxicating beer to a person who is:
A. Less than twenty-one years of age;
B. An habitual drunkard;
C. Intoxicated;
D. Addicted to the use of any controlled substance as defined by West Virginia Code Chapter 60A;
E. Mentally incompetent.
(2) It shall be a defense to a violation of subsection (d)(1)A hereof 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.
(W. Va. Code 60-3-22; 60-6-8)
(e) Sell, furnish, tender or serve alcoholic liquors except as authorized by his or her license;
(f) Sell, furnish, tender or serve alcoholic liquors other than by the drink, poured from the alcoholic liquors' original container: provided, that under certain requirements exceptions to liquor by the drink are as follows:
(1) A private club licensed under West Virginia Code Article 60-7 that is in good standing with the Commissioner and has paid a $1,000 on-premises only bottle service fee to the Commissioner may sell or serve liquor by the bottle to two or more persons for consumption on the licensed premises only, and any liquor bottle sold by such a private club shall be sold at retail for personal use, and not for resale, to a person for not less than 300 percent of the private club's cost, and the liquor bottle shall be removed from the licensed premises by any person or the licensee; and
(2) A Class A licensee licensed under West Virginia Code Article 60-8 may sell or serve wine by the bottle to two or more persons for consumption on the licensed premises only, unless such licensee has obtained a license or privilege authorizing other activity;
(g) Sell, furnish, tender, or serve pre-mixed alcoholic liquor that is not in the original container; provided, that a licensee may sell, furnish, tender, and serve up to fifteen recipes of pre-mixed beverages consisting of alcoholic liquors and nonalcoholic mixer, in a manner approved by the Commissioner and in accord with public health and safety standards:
(1) The licensee shall use approved dispensing and storage equipment which shall be cleaned at the end of the day. Failure to clean the dispensing and storage equipment shall result in the immediate suspension or revocation of the permit;
(2) The licensee shall sanitize and clean the pre-mixing beverage storage equipment after each use or after each batch of the pre-mixed beverage is made; and
(3) The licensee shall maintain a written record reflecting the cleaning and sanitizing of the storage and dispensing equipment for inspection by the Commissioner and health inspectors;
(4) A violation or violations of this subdivision may result in the suspension or revocation of the permit and may result in additional sanctions under West Virginia Code Chapter 60 or Article 11-16.
(h) Sell, furnish, tender or serve any alcoholic liquor when forbidden by the provisions of this article;
(i) Sell, possess, possess for sale, tender, serve, furnish or provide any powdered alcohol;
(j) Keep on the premises covered by his or her license alcoholic liquor other than that which he or she is authorized to sell, furnish, tender, or serve by such license or by this article.
Whoever violates this section is guilty of a misdemeanor for the first offense.
(W. Va. Code 60-6-8; Ord. 2314. Passed 10-7-21.)