§ 134.08  UNLAWFUL PURCHASE OF NONINTOXICATING BEER.
   (A)   No person under the age of 21 years for the purpose of purchasing nonintoxicating beer, shall misrepresent his or her age, or for such purpose present or offer any written evidence of age which is false, fraudulent or not actually his or her own, or shall illegally attempt to purchase nonintoxicating beer.
   (B)   No person shall knowingly buy for, give to or furnish nonintoxicating beer to anyone under the age of 21 years to whom they are not related by blood or marriage.
   (C)   No person under the age of 21 years shall purchase, consume, sell, possess or serve nonintoxicating beer.
   (D)   Nothing in this section, nor any rule or regulation of the Alcohol Beverage Control 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 nonintoxicating beer. 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 nonintoxicating beer.
   (E)   Nothing in this section shall prohibit a person who is at least 18 years of age from purchasing or possessing nonintoxicating beer when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law enforcement agency or the state Alcohol 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.
(W.Va. Code § 11-16-19)  (1986 Code, § 521.08)  Penalty, see § 134.99