(A) (1) Any person under the age of 21 years who purchases, consumes, sells, possesses, or serves wine or other alcoholic liquor is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $500 or shall be incarcerated in the county jail for a period not to exceed 72 hours, or both fined and imprisoned, or, in lieu of such fine and incarceration, may for the first offense be placed on probation for a period not to exceed one year.
(2) Nothing in this section, nor any rule or regulation of the 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 as defined in this W. V. Code Art. 60-8. 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.
(3) Nothing in this division (A) 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 or federal 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.
(B) Any person under the age of 21 years who, for the purpose of purchasing wine or other alcoholic liquors from a licensee, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent, or not actually his or her own, or who illegally attempts to purchase wine or other alcoholic liquors, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $50 dollars or shall be imprisoned in the county jail for a period not to exceed 72 hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may for the first offense be placed on probation for a period not exceeding one year.
(C) Any person who shall knowingly buy for, give to, or furnish wine or other alcoholic liquors from any source to anyone under the age of 21 to whom they are not related by blood or marriage is guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed $100 or shall be imprisoned in the county jail for a period not to exceed ten days, or both such fine and imprisonment.
(Ord. 1147, passed 10-7-96)
Statutory reference:
For similar provisions, see W. V. Code, § 60-8-20a