W. Va. Code R. § 175-5-27

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 175-5-27 - Unlawful Acts by Persons

27.1. It shall be unlawful for any person under the age of twenty-one (21) years who, for the purpose of purchasing alcoholic liquor from a retail licensee, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own, or who illegally attempts to purchase alcoholic liquor from a retail licensee. Any person who violates the provisions of W. Va. Code § 60-3A-24(b) is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed fifty dollars ($50.00) or imprisoned in the regional jail for a period not to exceed seventy-two (72) hours, or both fined and imprisoned, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one (1) year.

27.2. It shall be unlawful for any person to knowingly buy for, give to or furnish to anyone under the age of twenty-one (21) to whom he or she is not related by blood or marriage any alcoholic liquor from whatever source. Any person who violates the provision of W. Va. Code § 60-3A-24(c) is guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars ($100.00) or imprisoned in the regional jail for a period not to exceed ten (10) days, or both fined and imprisoned.

27.3. It shall be unlawful for a person while on the premises of a retail outlet to consume alcoholic liquor or break the seal on any package or bottle of liquor. Any person who violates the provisions of W. Va. Code § 60-3A-24(d) and this subsection is guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars ($100.00) or imprisoned in the regional jail for a period not to exceed ten (10) days, or both fined and imprisoned.

27.4. It shall be unlawful for any person under the age of twenty-one years to purchase, consume, sell, serve or possess alcoholic liquor. Any person who violates the provisions of W. Va. Code § 60-3A-24(a) is guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed five hundred dollars or shall be incarcerated in the regional jail for a period not to exceed seventy-two hours, or both fined and imprisoned, or, in lieu of such fine and incarceration, may, for the first offense, be placed on probation for a period not to exceed one year.

27.5. Nothing in W. Va. Code § 60-3A-24(a), nor any rule of the Commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of a licensee which includes the sale and serving of alcoholic liquor.

27.6. Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing 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 Commissioner while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules of the Commissioner.

W. Va. Code R. § 175-5-27