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§60-6-8. Unlawful sale or possession by licensee.

A licensed person shall not:

(1) Sell alcoholic liquors of a kind other than that which such license or this chapter authorizes him or her to sell;

(2) Sell beer to which wine, spirits, or alcohol has been added;

(3) Sell wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture thereof under regulations of the commission;

(4) Sell alcoholic liquors to a person specified in section twenty-two, article three of this chapter;

(5) Sell alcoholic liquors except as authorized by his or her license;

(6) Sell any alcoholic liquor when forbidden by the provisions of this chapter;

(7) Sell, possess, possess for sale, furnish or provide any powdered alcohol;

(8) Keep on the premises covered by his or her license alcoholic liquor other than that which he or she is authorized to sell by such license or by this chapter.

A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction shall be fined not less than $50 nor more than $500, or confined in jail not less than thirty days nor more than one year, or both such fine and imprisonment for the first offense. Upon conviction of a second or subsequent offense, the court may in its discretion impose a penalty of confinement in the penitentiary for a period not to exceed three years. A person who violates any provision of this section for the second or any subsequent offense under this section, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correction facility for a period not to exceed three years.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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