No person licensed under W.Va. Code Ch. 60 shall:
(A) Sell, furnish, tender or serve alcoholic liquors of a kind other than that which is permissible under W.Va. Code Ch. 60;
(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 thereof under regulations of the West Virginia Alcohol Beverage Control Commissioner; (W.Va. Code § 60-6-8)
(D) (1) Sell, furnish, tender or serve alcoholic liquors to a person who is:
(a) Less than 21 years of age;
(b) An habitual drunkard;
(c) Intoxicated;
(d) Addicted to the use of any controlled substance as defined by W.Va. Code Ch. 60A; or
(e) Mentally incompetent.
(W.Va. Code § 60-3-22)
(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) Keep on the premises covered by his or her license any alcoholic liquor other than that which is authorized by W.Va. Code Ch. 60;
(F) Sell, furnish, tender or serve alcoholic liquors except as authorized by his or her license;
(G) 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 W.Va. Code §§ 60-7-1 et seq., 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% of the private club’s cost, and no such liquor bottle shall be removed from the licensed premises by any person or the licensee; and
(2) A Class A licensee licensed under W.Va. Code §§ 60-8-1 et seq., 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;
(H) 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 pre-mixed beverages consisting of alcoholic liquors, nonalcoholic mixer, and ice if:
(1) The frozen drink mixing machine is emptied and sanitized daily; and
(2) That a written record reflecting the cleaning and sanitizing of the frozen drink machine is maintained for inspection by the Commissioner and health inspectors;
(I) Sell, furnish, tender or serve any alcoholic liquor when forbidden by the provisions of this chapter;
(J) Sell, possess, possess for sale, tender, serve, furnish or provide any powdered alcohol; or
(K) 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 chapter.
(L) Whoever violates this section is guilty of a misdemeanor for the first offense.
(W.Va. Code § 60-6-8) (1986 Code, § 521.04) Penalty, see § 134.99