(A) No person shall:
(1) Being under the age of 21 years, for the purpose of purchasing wine or other alcoholic liquors from a licensee, 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 illegally attempt to purchase wine or other alcoholic liquors;
(2) Knowingly buy for, give to or furnish wine or other alcoholic liquors from any source to anyone under the age of 21 years to whom they are not related by blood or marriage; or
(3) Being under the age of 21 years, purchase, consume, sell, possess or serve wine or other alcoholic liquor.
(B) 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 wine. 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 wine or alcoholic liquor.
(C) Nothing in this section shall prohibit a person who is at least 18 years of age from purchasing or possessing wine or alcoholic liquor 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 § 60-8-20a) (1986 Code, § 521.12) Penalty, see § 134.99