It shall be unlawful:
(A) For any licensee, his or her servants, agents, or employees to sell, give, or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected therewith, nonintoxicating beer 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 this subchapter, where the hours shall conform with the hours of sale of alcoholic liquors as provided in W. Va. Code Ch. 60;
(B) For any licensee, his or her servants, agents, or employees to sell, furnish, or give any nonintoxicating beer to any person visibly or noticeably intoxicated, or to any insane person, or to any habitual drunkard, or to any person under the age of 18 years;
(C) (1) For any distributor to sell or offer to sell, or any retailer to purchase or receive, any nonintoxicating beer except for cash;
(2) 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;
(D) For any brewer or distributor, or his or her agents, to transport or deliver nonintoxicating beer to any retail licensee on Sunday;
(E) For any brewer or distributor to 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 to offer any prize, premium, gift, or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers; provided, that nothing contained herein shall prohibit a distributor from offering for sale or renting tanks of carbonic gas;
(F) For any licensee to transport, sells, deliver, or purchase any nonintoxicating beer or product of the brewing industry upon which there shall appear a label or other informative data which in any manner refers to the alcoholic content of such beer or product of the brewing industry, or upon the label of which there appears the word or words “strong”, “full strength”, “extra strength”, “prewar strength”, “high test”, or other similar expressions bearing upon the alcoholic content of such product of the brewing industry, or which refers in any manner to the original alcoholic strength, extract, or balling proof from which such beverage was produced, except that such label shall contain a statement that the alcoholic content thereof does not exceed 3.2% by weight;
(G) For any licensee to permit in his or her premises, any lewd, immoral, or improper entertainment, conduct, or practice;
(H) For any licensee, except the holder of a license to operate a private club issued under the provisions of this subchapter, to possess a federal license, tax receipt, or other permit entitling, authorizing, or allowing such licensee to sell liquor or alcoholic drinks;
(I) For any licensee to 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 (J) shall not apply to the premises of a Class B retailer or to the premises of a private club licensed under the provisions of this subchapter;
(J) For any licensee to 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 prohibitions contained in this division (J) 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 this subchapter;
(K) For any licensee to print, paint, or place upon the door, window, or in any other public place in or about the premises, the word “saloon” or word of similar character or nature, or for the word “saloon” or similar words to be used in any advertisement by the licensee;
(L) For any retail licensee to sell or dispense nonintoxicating beer purchased or acquired from any source other than a licensed distributor or brewer under the laws of this state;
(M) For any licensee to permit loud, boisterous, or disorderly conduct of any kind upon his or her premises or to permit the use of loud musical instruments if either or any thereof 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 broads, casts, or carries music of any kind;
(N) For any person whose license has been revoked, as in this subchapter provided, to obtain employment with any retailer within the period of one year from the date of such revocation, or for any retailer to employ knowingly any such person within such time;
(O) For any distributor to sell, possess for sale, transport, or distribute nonintoxicating beer except in the original container;
(P) For any licensee to permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of this state;
(Q) For any Class B retailer to permit the consumption of nonintoxicating beer upon his or her licensed premises;
(R) For any licensee, his or her servants, agents, or employees, or for any licensee by or through such servants, agents, or employees, to allow, suffer, or permit any person under the age of 18 years to loiter in or upon any licensed premises; except, however, that the provisions of this division (R) 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 where and while such person under the age of 18 years is in, on, 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; or
(S) For any licensee to sell nonintoxicating beer to which wine, spirits, or alcohol has been added.
The word LICENSEE as used in this section shall mean any person paying a license tax to the city pursuant to this subchapter.
(Prior Code, § 3-6) Penalty, see § 111.99
Statutory reference:
Related provisions, see W. Va. Code 11-16-13