H. B. 4028


(By Delegate Modesitt)
[Introduced January 13, 2000; referred to the
Committee on Industry and Labor then the Judiciary.]




A BILL to amend and reenact section twenty-seven, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that persons under eighteen years of age may be employed at restaurants or other establishments which are primarily engaged in the business of serving food, but which also serve nonintoxicating beer, wine or alcoholic liquors, so long as those persons under eighteen years of age are not employed in a position where the job responsibilities include selling or serving nonintoxicating beer, wine or alcoholic liquors.

Be it enacted by the Legislature of West Virginia:
That section twenty-seven, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-27. Unlawful admission of children to dance house, etc.; penalty.

Any proprietor or any person in charge of a dance house, concert saloon, theater, museum, or similar place of amusement, or other place, where wines or spirituous or malt liquors are sold or given away, or any place of entertainment injurious to health or morals, who admits or permits to remain therein any minor under the age of eighteen years, unless accompanied by his or her parent or guardian, shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine not exceeding two hundred dollars.
The provisions of this section do not apply to persons under eighteen years of age who are employed at restaurants or other establishments which are primarily engaged in the business of serving food, but which also serve nonintoxicating beer, wine or alcoholic liquors, so long as those persons under eighteen years of age are not employed in a position where the job responsibilities include selling or serving nonintoxicating beer, wine or alcoholic liquors.


NOTE: The purpose of this bill is to provide that the provisions of §61-8-27 do not preclude the employment of minors at restaurants or other establishments which are primarily engaged in the business of serving food, but which also serve nonintoxicating beer, wine or alcoholic liquors, so long as those minors are not employed in a position where the job responsibilities include selling or serving nonintoxicating beer, wine or alcoholic liquors.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.