West Virginia Code § 60-3A-25

Certain acts of retail licensees prohibited; criminal penalties
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(a) It is unlawful for any retail licensee, or agent or employee thereof, on the retail licensee's
premises to:
(1) Sell or offer for sale any liquor other than from the original package or container;
(2) Sell, give away, or permit the sale of, gift of, or the procurement of, any liquor, for or to
any person under 21 years of age;
(3) Sell, give away, or permit the sale of, gift of, or the procurement of, any liquor, for or to
any person visibly intoxicated;
(4) Sell or offer for sale any liquor other than during the hours permitted for the sale of
liquor by retail licensees as provided under this articlea;
(5) Permit the consumption by any person of any liquor;
(6) With the intent to defraud, alter, change, or misrepresent the quality, quantity, or brand
name of any liquor;
(7) Permit any person under 18 years of age to sell, furnish, or give liquor to any other
person, except as provided in subsection (c) of this section;
(8) Purchase or otherwise obtain liquor in any manner or from any source other than that
specifically authorized iLn this article; or
(9) Permit any person to break the seal on any package, can or bottle of liquor.
(b) Any person who violates any provision of this article, except section 24 of this article,
including, but not limited to, any provision of this section, or any rule promulgated by the
boaWrd or the commissioner, or who makes any false statement concerning any material fact,
or who omits any material fact with intent to deceive, in submitting an application for a retail
license or for a renewal of a retail license or in any hearing concerning the suspension or
revocation thereof, or who commits any of the acts declared in this article to be unlawful, is
guilty of a misdemeanor and, shall, upon conviction thereof, for each offense be fined not
less than $100 or more than $5,000, or imprisoned in the county jail for not less than 30
days nor more than one year, or both fined and imprisoned. Magistrates have concurrent
jurisdiction with the circuit courts for offenses under this article.
(c) Nothing in this article, or any rule of the board or commissioner, prevents or prohibits
any retail licensee from employing any person who is at least 18 years of age to serve in any
retail licensee's lawful employment at any retail outlet operated by the retail licensee, or
from having the person sell liquor or transport liquor on behalf of a manufacturer under the
provisions of this article. With the prior approval of the commissioner, a retail licensee may
employ persons at any retail outlet operated by a retail licensee who are less than 18 years
of age but at least 16 years of age, the persons' duties may include the sale of liquor only
when directly supervised by a person 21 years of age or older: Provided, That the
authorization to employ the persons under the age of 18 years shall be clearly indicated on
the retail licensee's license: Provided, however, That nothing in this article, nor any rule or
regulation of the commissioner, shall prevent or be considered to prohibit any licensee from
employing any person who is at least 21 years of age for the ordering and delivery of liquor
when licensed for liquor ordering and delivery under the provisions of this cehapter.

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