H. B. 2877
(By Delegates Lawrence, Phillips, D. Poling,
Stowers, Ferro, Argento and Schadler)
[Introduced February 27, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60-3A-24 of the Code of West Virginia,
1931, as amended, relating to increasing the monetary
penalties, removing the possibility of incarceration and
adding community service for a minor who misrepresents his or
her age when purchasing alcohol; and removing the exception
that relatives may furnish alcohol to a minor.
Be it enacted by the Legislature of West Virginia:
That §60-3A-24 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons.
(a) (1) Any person who is eighteen or over but under the age
of twenty-one years who purchases, consumes, sells, serves or
possesses alcoholic liquor is guilty of a misdemeanor and, upon
conviction thereof, shall be fined an amount not to exceed $500 or
shall be incarcerated confined in jail for a period not to exceed
seventy-two hours, or both fined and imprisoned confined or, in
lieu of such fine and incarceration confinement, may, for the first offense, be placed on probation for a period not to exceed one
year. Any person who is under eighteen years who purchases,
consumes, sells, serves or possesses alcoholic liquor is guilty of
a status offense, as that term is defined in section four, article
one, chapter forty-nine of this code and, upon adjudication
therefor, shall be referred to the Department of Health and Human
Resources for services, as provided in section eleven, article five
of said chapter.
(2) Nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed considered 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.
(3) 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 West Virginia Alcohol
Beverage Administration while the agency is conducting an
investigation or other activity relating to the enforcement of the
alcohol beverage control statutes and the rules and regulations of
the commissioner.
(b) Any person under the age of twenty-one years who, for the
purpose of purchasing 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 liquor from a
retail licensee is guilty of a misdemeanor and, upon conviction
thereof, shall be fined an amount not to exceed
fifty dollars
$100 or imprisoned in jail for a period not to exceed seventy-two
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 year and serve up to twenty hours of
community service.
(c) Any person who knowingly buys for, gives to or furnishes
to anyone under the age of twenty-one to whom he or she is not
related by blood or marriage any liquor from whatever source is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount not to exceed $250 or imprisoned confined in jail
for a period not to exceed ten days, or both fined and imprisoned
confined.
(d) No person while on the premises of a retail outlet may
consume liquor or break the seal on any package or bottle of
liquor. Any person who violates the provisions of this subsection
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount not to exceed $100 or imprisoned confined in jail
for a period not to exceed ten days, or both fined and imprisoned
confined.
NOTE: The purpose of this bill is to increase the monetary
penalties, to remove the possibility of incarceration and to add
community service for a minor who misrepresents his or her age when
purchasing alcohol; and to remove the exception that relatives of
the minor may furnish alcohol to a minor.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.