(A) It shall be unlawful:
(1) For a supplier or distributor to sell or deliver wine purchased or acquired from any source other than a person registered under the provisions of W.Va. Code § 60-8-6, or for a retailer to sell or deliver wine purchased or acquired from any source other than a licensed distributor or a farm winery as defined in W.Va. Code § 60-1-5a;
(2) Unless otherwise specifically provided for by the provisions of W.Va. Code Art. 60-8, for a licensee under W.Va. Code Art. 60-8 to acquire, transport, possess for sale or sell wine other than in the original package;
(3) For a licensee, his or her servants, agents or employees to sell, furnish or give wine to any person less than 21 years of age or to a mental incompetent or person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs, provided that the provisions of W.Va. Code § 60-3A-25a shall apply to sales of wine;
(4) For a licensee to permit a person who is less than 18 years of age to sell, furnish or give wine to any person;
(5) For a distributor to sell or deliver any brand of wine purchased or acquired from any source other than the primary source of supply of the wine which granted the distributor the right to sell such brand at wholesale. For the purposes of this chapter, PRIMARY SOURCE OF SUPPLY means the vintner of the wine, the importer of a foreign wine who imports the wine into the United States, the owner of a wine at the time it becomes a marketable product, the bottler of a wine or an agent specifically authorized by any of the above enumerated persons to make a sale of the wine to a state distributor; provided, that no retailer shall sell or deliver wine purchased or acquired from any source other than a distributor licensed as such in this state; provided, however, 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 of which brand or brands such other distributor may be temporarily out of stock. The Alcohol Beverage Commissioner shall promulgate such rules or regulations as may be necessary to carry this division (A)(5) into effect; or
(6) For a person to violate any reasonable rule or regulation promulgated by the Alcohol Beverage Control Commissioner under W.Va. Code Art. 60-8.
(B) 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 any licensee’s lawful employment, including the sale or delivery of wine under the provisions of 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 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 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.
(W.Va. Code § 60-8-20) (1986 Code, § 521.11) Penalty, see § 134.99