W. Va. Code R. § 175-5-28

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

Section 175-5-28 - Certain Acts of Retail Licensees Prohibited; Criminal Penalties

28.1. It is unlawful for any retail licensee, or agent or employee thereof, on such retail licensee's premises to:

28.1.a. Sell or offer for sale any alcoholic liquor other than from the original package or container;

28.1.b. Sell, give away, or permit the sale of, gift of, or the procurement of, any alcoholic liquor, for or to any person under the age of twenty-one (21);

28.1.c. Sell, give away, or permit the sale of, gift of, or the procurement of, any alcoholic liquor, for or to any person who is visibly intoxicated;

28.1.d. Sell or offer for sale any alcoholic liquor on any Sunday or other than during the hours permitted for the sale of alcoholic liquor by retail licensees as provided under W. Va. Code § 60-3A-1, et seq., and this rule;

28.1.e. Permit the consumption by any person of any alcoholic liquor;

28.1.f. With the intent to defraud, alter, change or misrepresent the quality, quantity or brand name of any alcoholic liquor;

28.1.g. Permit any person under eighteen (18) years of age to sell, furnish or give alcoholic liquor to any other person;

28.1.h. Purchase or otherwise obtain alcoholic liquor in any manner or from any source other than the Commissioner; or

28.1.i. Permit any person to break the seal on any package or bottle of alcoholic liquor.

28.2. Any person who violates any provision of this section is guilty of a misdemeanor, and shall, upon conviction thereof, for each offense be fined not less than one hundred dollars ($100) or no more than five thousand dollars ($5,000), or imprisoned in the regional jail for not less than thirty (30) days nor more than one (1) year or both fined and imprisoned.

28.3. Nothing in W. Va. Code § 60-3A-1, et seq., or this rule, or any other rule of the Board or Commissioner, prevents or prohibits any retail licensee from employing any person who is at least eighteen (18) years of age to serve in any retail licensee's lawful employment at any retail outlet operated by such retail licensee, or from having such person sell liquor under the provisions of W. Va. Code § 60-3A-1, et seq., and this rule.

28.3.a. With the prior written approval of the Commissioner, a retail licensee may employ persons at any retail outlet operated by such retail licensee who are less than eighteen (18) years of age but at least sixteen (16) years of age, but such persons' duties shall not include the sale of liquor: Provided, that the authorization to employ such persons under the age of eighteen (18) years shall be clearly indicated on the retail license issued to any such retail licensee.

28.3.b. Permission to employ persons who are sixteen (16) or seventeen (17) years of age must be sought on the application for license or on any annual license renewal form only and such approval will not be unreasonably withheld.

28.3.c. The age restrictions in his section apply to minor children of the licensee.

W. Va. Code R. § 175-5-28