(A) No person shall:
(1) Appear in a public place in an intoxicated condition;
(2) Drink alcoholic liquor or nonintoxicating beer or have an open container of alcoholic liquor or nonintoxicating beer in or on any public sidewalk, walkway, entranceway, street, lane or other public place;
(3) Drink alcoholic liquor or nonintoxicating beer in a motor vehicle on any highway, street, alley or in a public garage. No person shall possess an open container of nonintoxicating beer or alcoholic liquor in a motor vehicle except in a place which can be reached only by leaving the vehicle;
(4) Tender a drink of alcoholic liquor to another person in a public place;
(5) Possess alcoholic liquor in the amount in excess of ten gallons, in containers not bearing stamps or seals of the State Alcohol Beverage Control Commissioner, without having first obtained written authority from the Commissioner therefor;
(6) Possess any alcoholic liquor which was manufactured or acquired in violation of the provisions of W.Va. Code Ch. 60; or
(7) Operate a business without a license issued under W.Va. Code §§ 60-1-1 et seq., which knowingly facilitates the consumption of alcoholic liquors in a public place by providing for on-site items such as cups, glasses, ice and nonalcoholic beverages used to mix with alcoholic liquors, refrigeration, or on-site storage of alcoholic liquors in a lounge area or space for persons to gather, perhaps offering musical entertainment, exotic dancing, or other such nude entertainment, or other similar activity or entertainment. Such business may be commonly known as a “bring your own bottle,” “bring your own booze” or “BYOB” establishments.
(B) Whoever violates divisions (A)(5) or (A)(6) above is guilty of a misdemeanor for a first offense.
(C) Any law enforcement officer may arrest without a warrant and take the following actions against a person who, in his or her presence, violates subdivision (A)(1) of this section:
(1) If there is some nonintoxicated person who will accept responsibility for the intoxicated person, the officer may issue the intoxicated person a citation specifying the date for appearance before a judicial officer and release him or her to the custody of the individual accepting responsibility; provided, that the issuance of a citation shall be used whenever feasible;
(2) If it does not impose an undue burden on the officer, he or she may, after issuance of the citation, transport the individual to the individual’s present residence or arrange for the transportation;
(3) If the individual is incapacitated or the alternatives provided in subdivisions (C)(1) and (C)(2) are not possible, the officer shall transport or arrange for transportation to the appropriate judicial officer as defined by W.Va. Code § 27-11-17; or
(4) If the individual is incapacitated and, in the law enforcement officer’s judgment, is in need of acute medical attention, that officer shall arrange for transportation by ambulance or otherwise to a hospital emergency room. The officer shall accompany the individual until he or she is discharged from the emergency room or admitted to the hospital. If the individual is released from the emergency room, the officer may proceed as described in subdivisions (C)(1), (C)(2) and (C)(3) of this section. If the individual is admitted to the hospital, the officer shall issue a citation to the individual specifying a date for appearance before a judicial officer.
(D) Upon presentment before the proper judicial officer, the law enforcement officer serves as the chief complaining witness. The judicial officer shall determine if there is probative evidence that the individual may be guilty of the charge of public intoxication. If such evidence is not presented, the charge shall be dismissed and the individual released. If sufficient evidence is presented, the judicial officer shall issue a warrant and establish bail or issue a summons to the individual. Once a warrant or summons has been issued, the following actions may be taken:
(1) If the individual is no longer incapacitated, he or she may be released;
(2) If the individual is still incapacitated but a nonintoxicated person is available to accept responsibility for him or her, he or she may be released to the responsible person; or
(3) If the individual is still incapacitated and no responsible person is available, the judicial officer shall proceed under the provisions of W.Va. Code Art. 27-5 or 6A.
(E) Any law enforcement officer may arrest and hold in custody, without a warrant, until complaint may be made before a judicial officer and a warrant or summons issued, any person who in the presence of the law enforcement officer violates any one or more of subdivisions (A)(1) through (A)(5) of this section: provided, that the law enforcement officer may use reasonable force to prevent harm to himself or herself, the individual arrested or others in carrying out the provisions of this section.
(W.Va. Code § 60-6-9) (1986 Code, § 521.06)