(A) The following acts are prohibited by nonintoxicating beer licensee:
(1) No licensee, his, her, its or their servants, agents, or employees shall sell, give or dispense, and no individual shall drink or consume, in or on any licensed premises or in any rooms directly connected, nonintoxicating beer or cooler 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., and no Class A retail dealer who sells nonintoxicating beer for on premises consumption only between the hours of 2:00 a.m. and 10:00 a.m. in any county upon approval as provided for in the West Virginia Code, on any Sunday, except in private clubs licensed under the provisions of the West Virginia Code, where the hours shall conform with the hours of sale of alcoholic liquors;
(2) No licensee, his, her, its or their servants, agents or employees shall sell, furnish or give any nonintoxicating beer as defined in this chapter to any person visibly or noticeably intoxicated, or to any person known to be insane or known to be a habitual drunkard;
(3) No licensee, his, her, its or their servants, agents or employees, shall sell, furnish or give any nonintoxicating beer as defined in this chapter to any person who is less than 21 years of age;
(4) No distributor shall sell or offer to sell, and no retailer shall purchase or receive, any nonintoxicating beer as defined in this chapter, except for cash; and no right of action shall exist to collect any claims for credit extended contrary to the provisions of this division (A)(4). 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, provided, that a distributor may accept an electronic transfer of funds if the transfer of funds is initiated by an irrevocable payment order on the invoiced amount for the nonintoxicating beer. The cost of the electronic fund transfer shall be borne by the retailer and the distributor shall initiate the transfer no later than 12:00 p.m. of one business day after the delivery;
(5) No brewer or distributor or his, her, its or their agents, shall transport or deliver nonintoxicating beer as defined in this chapter to any retail licensee on Sunday;
(6) No brewer or distributor shall 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 offer any prize, premium, gift or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers; provided that a distributor may offer, for sale or rent, tanks of carbonic gas. Nothing herein contained shall prohibit a brewer from sponsoring any professional or amateur athletic event or from providing prizes or awards for participants and winners in any such events; provided however that no such event shall be sponsored which permits actual participation by athletes or other persons who are minors, unless specifically authorized by the nonintoxicating Beer Commissioner;
(7) No licensee shall permit in his or her premises any lewd, immoral or improper entertainment, conduct or practice;
(8) No licensee except the holder of a license to operate a private club issued under the provisions of W.Va. Code Art. 60-7, or a holder of a license for a private wine restaurant issued under the provisions of W.Va. Code Art. 60-8, shall possess a federal license, tax receipt or other permit entitling, authorizing or allowing such licensee to sell liquor or alcoholic drinks other than nonintoxicating beer;
(9) No licensee shall 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 (A)(9) shall not apply to the premises of a Class B retailer, the premises of a private club licensed under the provisions of W.Va. Code Art. 60-7, or the premises of a private wine restaurant licensed under the provisions of W.Va. Code Art. 60-8;
(10) No licensee shall 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 prohibition contained in this division (A)(10) 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 W.Va. Code Art. 60-7, nor shall the prohibition be applicable to a private wine restaurant licensed under the provisions of W.Va. Code Art. 60-8, insofar as such private wine restaurant is authorized to serve wine;
(11) No retail licensee shall sell or dispense nonintoxicating beer as defined in this chapter, purchased or acquired from any source other than a distributor, brewer or manufacturer licensed under the laws of this state;
(12) No licensee shall permit loud, boisterous or disorderly conduct of any kind upon his or her premises or permit the use of loud musical instruments if either or any of the same may disturb the peace and quietude of the community wherein such business is located; provided, that a licensee may have speaker systems for outside broadcasting so long as the noise levels do not create a public nuisance or violate local noise ordinances;
(13) No person whose license has been revoked, shall obtain employment with any retailer within the period of one year from the date of such revocation, and no retailer shall employ knowingly any such person within such time;
(14) No distributor shall sell, possess for sale, transport or distribute nonintoxicating beer except in the original container;
(15) No licensee shall knowingly permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of this state or municipality;
(16) No Class B retailer shall permit the consumption of nonintoxicating beer upon his or her licensed premises;
(17) No Class A licensee, his, her, its or their servants, agents or employees, or any licensee by or through such servants, agents or employees, shall allow or permit any person less than 18 years of age to loiter in or upon any licensed premises; except, however, that the provisions of this division (A)(17) 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 parents, or where and while such person under the age of 18 years is in 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;
(18) No distributor shall sell, offer for sale, distribute or deliver any nonintoxicating beer outside the territory assigned to such distributor by the brewer or manufacturer of such nonintoxicating beer or sell, offer for sale, distribute or deliver any such nonintoxicating beer to any retailer whose principal place of business or licensed premises is within the assigned territory of another distributor of such nonintoxicating beer; provided, that nothing herein shall be deemed to prohibit sales of convenience between distributors licensed in this state wherein one such distributor sells, transfers or delivers to another such distributor a particular brand or brands for sale at wholesale; and
(19) No licensee or any agent, servant or employee of any such licensee shall knowingly violate any rule or regulation lawfully promulgated by the Commissioner.
(B) Any person who violates any provision of this section, or any rule, regulation or order lawfully promulgated by the Commissioner, or who makes any false statement concerning any material fact in submitting application for license or for a renewal of a license or in any hearing concerning the revocation thereof, or who commits any of the acts herein declared to be unlawful, shall be punished as provided in § 134.99.
(C) Nothing in this section nor any rule or regulation of the Commissioner shall prevent or be deemed to prohibit any licensee from employing any person who is at least 18 years of age to serve in such licensee’s lawful employ, including the sale or delivery of nonintoxicating beer as defined in this chapter. With the prior approval of the Commissioner, a licensee whose principal business is the sale of food or consumer goods or the providing of recreation 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, may employ persons who are less than 18 years of age but at least 16 years of age; provided, that such person’s duties shall not include the sale or delivery of nonintoxicating beer or alcoholic liquors; provided, however, that the authorization to employ such persons under the age of 18 years shall be clearly indicated on the licensee’s license.
(D) (1) A Class B licensee that:
(a) Has installed a transaction scan device on its licensed premises; and
(b) Can demonstrate that it requires each employee, servant or agent to verify the age of any individual to whom nonintoxicating beer is sold, furnished or given away by the use of the transaction device may not be subject to:
1. Any criminal penalties whatsoever;
2. Any administrative penalties from the Commissioner; or
3. Any civil liability whatsoever for the improper sale, furnishing or giving away of nonintoxicating beer to an individual who is less than 21 years of age by one of his or her employees, servants or agents. Any agent, servant or employee who has improperly sold, furnished or given away nonintoxicating beer to an individual less than 21 years of age is subject to the criminal penalties of § 134.99. Any agent, servant or employee who has improperly sold, furnished or given away nonintoxicating beer to an individual less than 21 years of age is subject to termination from employment, and the employer shall have no civil liability for the termination.
(2) For purposes of this section, a Class B licensee can demonstrate that it requires each employee, servant or agent to verify the age of any individual to whom nonintoxicating beer is sold by providing evidence:
(a) That it has developed a written policy which requires each employee, servant or agent to verify the age of each individual to whom nonintoxicating beer will be sold, furnished or given away;
(b) That it has communicated this policy to each employee, servant or agent; and
(c) That it monitors the actions of its employees, servants or agents regarding the sale, furnishing or giving away of nonintoxicating beer and that it has taken corrective action for any discovered noncompliance with this policy.
(3) TRANSACTION SCAN means the process by which a person checks, by means of a transaction scan device, the age and identity of the cardholder, and TRANSACTION SCAN DEVICE means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information enclosed on the magnetic strip or bar code of a driver’s license or other governmental identity card.
(W.Va. Code § 11-16-18) (1986 Code, § 521.07) Penalty, see § 134.99