Senate Bill No. 515
(By Senators Unger, Edgell, Redd, McCabe and Mitchell)
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[Introduced February 16, 2000; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section nineteen, article sixteen,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section twenty-four, article three-a, chapter sixty of said
code; to amend and reenact section twelve-a, article seven
of said chapter; and to amend section twenty-a, article
eight of said chapter, all relating to increasing penalties
for minors who possess, consume or sell nonintoxicating
beer, wine or alcoholic liquors, or who falsely represent
their age to purchase nonintoxicating beer, wine or
alcoholic liquors; fines and community service imposed; and revocation of license to operate motor vehicle.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article sixteen, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that section twenty-four,
article three-a, chapter sixty of said code be amended and
reenacted; that section twelve-a, article seven of said chapter
be amended and reenacted; and that section twenty-a, article
eight of said chapter be amended and reenacted, all to read as
follows:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-19. Unlawful acts of persons; penalties.
(a) Any person under the age of twenty-one years who
purchases, consumes, sells, possesses or serves nonintoxicating
beer is guilty of a misdemeanor and, upon conviction thereof,
shall
be fined in an amount not to exceed five hundred dollars or
shall be incarcerated in the county jail for a period not to
exceed seventy-two hours, or both fined and imprisoned, or, in
lieu of such fine and incarceration, may, for the first offense,
be placed on probation for a period not to exceed one year have his or her license to operate a motor vehicle revoked pursuant to
the administrative procedures set forth in article five-a,
chapter seventeen-c of this code for a period of six months,
shall be fined not less than two hundred fifty dollars nor more
than five hundred dollars, and shall be sentenced to perform
forty hours of community service. A person sentenced under these
provisions may elect to perform additional hours of community
service, beyond the mandatory forty hours, in lieu of paying all
or part of the fine. A person performing additional community
service may reduce his or her fine by an amount equal to the
prevailing minimum wage for each hour of community service
performed beyond the forty hours of mandatory community service.
A person convicted of a second or subsequent offense under this
subsection is guilty of a misdemeanor and shall have his or her
license to operate a motor vehicle revoked pursuant to the
administrative procedures set forth in article five-a, chapter
seventeen-c of this code for a period of one year, shall be fined
not less than five hundred dollars nor more than one thousand
dollars, and shall be sentenced to perform eighty hours of
community service. A person sentenced under these provisions may elect to perform additional hours of community service, beyond
the mandatory eighty hours, in lieu of paying all or part of the
fine. A person performing additional community service may
reduce his or her fine by an amount equal to the prevailing
minimum wage for each hour of community service performed beyond
the eighty hours of mandatory community service.
Nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed to prohibit any person
who is at least eighteen years of age from serving in the lawful
employment of any licensee, which may include the sale or
delivery of nonintoxicating beer as defined in this article.
Further, nothing in this article, nor any rule or regulation of
the commissioner, shall prevent or be deemed to prohibit any
person who is less than eighteen but at least sixteen years of
age from being employed by a licensee whose principal business is
the sale of food or consumer goods or the providing of
recreational activities, including, but not limited to,
nationally franchised fast food outlets, family-oriented
restaurants, bowling alleys, drug stores, discount stores,
grocery stores and convenience stores:
Provided,
That such person shall not sell or deliver nonintoxicating beer.
Nothing in this subsection shall prohibit a person who is at
least eighteen years of age from purchasing or possessing
nonintoxicating beer 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 nonintoxicating beer, 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
nonintoxicating beer, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined in an amount not to exceed
fifty dollars or shall be imprisoned in the county jail for a
period not to exceed seventy-two hours, or both such fine and
imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not
exceeding one year have his or her license to operate a motor
vehicle revoked pursuant to the administrative procedures set
forth in article five-a, chapter seventeen-c of this code for a
period of six months, shall be fined not less than two hundred
fifty dollars nor more than five hundred dollars, and shall be
sentenced to perform forty hours of community service. A person
sentenced under these provisions may elect to perform additional
hours of community service, beyond the mandatory forty hours, in
lieu of paying all or part of the fine. A person performing
additional community service may reduce his or her fine by an
amount equal to the prevailing minimum wage for each hour of
community service performed beyond the forty hours of mandatory
community service. A person convicted of a second or subsequent
offense under this subsection is guilty of a misdemeanor and
shall have his or her license to operate a motor vehicle revoked
pursuant to the administrative procedures set forth in article
five-a, chapter seventeen-c of this code for a period of one
year, shall be fined not less than five hundred dollars nor more
than one thousand dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under
these provisions may elect to perform additional hours of
community service, beyond the mandatory eighty hours, in lieu of
paying all or part of the fine. A person performing additional
community service may reduce his or her fine by an amount equal
to the prevailing minimum wage for each hour of community service
performed beyond the eighty hours of mandatory community service.
(c) Any person who shall knowingly buy for, give to or
furnish nonintoxicating beer to anyone under the age of
twenty-one to whom they are not related by blood or marriage is
guilty of a misdemeanor and shall, upon conviction thereof, be
fined in an amount not to exceed one hundred thousand dollars or
shall be imprisoned in the regional or county jail for a period
not to exceed ten days, or both such fine and imprisonment.
(d) Any person who at any one time transports into the state
for their personal use, and not for resale, more than six and
seventy-five hundredths gallons of nonintoxicating beer, upon
which the West Virginia barrel tax has not been imposed, shall be
guilty of a misdemeanor and shall, upon conviction thereof, be
fined in an amount not to exceed one hundred dollars and have all the untaxed nonintoxicating beer in their possession at the time
of the arrest confiscated, or imprisoned for ten days in the
regional or county jail, or both fined and imprisoned.
If the Congress of the United States repeals the mandate
established by the Surface Transportation Assistance Act of 1982
relating to national uniform drinking age of twenty-one as found
in section six of Public Law 98-363, or a court of competent
jurisdiction declares the provision to be unconstitutional or
otherwise invalid, it is the intent of the Legislature that the
provisions contained in this section and section eighteen of this
article which prohibit the sale, furnishing, giving, purchase or
ownership of nonintoxicating beer to or by a person who is less
than twenty-one years of age shall be null and void and the
provisions therein shall thereafter remain in effect and apply
to the sale, furnishing, giving, purchase or ownership of
nonintoxicating beer to or by a person who is less than nineteen
years of age.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons; penalties.
(a) Any person 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 in an amount not to exceed five hundred dollars or shall be
incarcerated in the county jail for a period not to exceed
seventy-two hours, or both fined and imprisoned, or, in lieu of
such fine and incarceration, may, for the first offense, be
placed on probation for a period not to exceed one year have his
or her license to operate a motor vehicle revoked pursuant to the
administrative procedures set forth in article five-a, chapter
seventeen-c of this code for a period of six months, shall be
fined not less than two hundred fifty dollars nor more than five
hundred dollars, and shall be sentenced to perform forty hours of
community service. A person sentenced under these provisions may
elect to perform additional hours of community service, beyond
the mandatory forty hours, in lieu of paying all or part of the
fine. A person performing additional community service may
reduce his or her fine by an amount equal to the prevailing
minimum wage for each hour of community service performed beyond
the forty hours of mandatory community service. A person
convicted of a second or subsequent offense under this subsection is guilty of a misdemeanor, and shall have his or her license to
operate a motor vehicle revoked pursuant to the administrative
procedures set forth in article five-a, chapter seventeen-c of
this code for a period of one year, shall be fined not less than
five hundred dollars nor more than one thousand dollars, and
shall be sentenced to perform eighty hours of community service.
A person sentenced under these provisions may elect to perform
additional hours of community service, beyond the mandatory
eighty hours, in lieu of paying all or part of the fine. A
person performing additional community service may reduce his or
her fine by an amount equal to the prevailing minimum wage for
each hour of community service performed beyond the eighty hours
of mandatory community service.
Nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed 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.
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 in an
amount not to exceed fifty dollars or imprisoned in the county
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 have his or her license to operate a motor
vehicle revoked pursuant to the administrative procedures set forth in article five-a, chapter seventeen-c of this code for a
period of six months, shall be fined not less than two hundred
fifty dollars nor more than five hundred dollars, and shall be
sentenced to perform forty hours of community service. A person
sentenced under these provisions may elect to perform additional
hours of community service, beyond the mandatory forty hours, in
lieu of paying all or part of the fine. A person performing
additional community service may reduce his or her fine by an
amount equal to the prevailing minimum wage for each hour of
community service performed beyond the forty hours of mandatory
community service. A person convicted of a second or subsequent
offense under this subsection is guilty of a misdemeanor and
shall have his or her license to operate a motor vehicle revoked
pursuant to the administrative procedures set forth in article
five-a, chapter seventeen-c of this code for a period of one
year, shall be fined not less than five hundred dollars nor more
than one thousand dollars, and shall be sentenced to perform
eighty hours of community service. A person sentenced under
these provisions may elect to perform additional hours of
community service, beyond the mandatory eighty hours, in lieu of paying all or part of the fine. A person performing additional
community service may reduce his or her fine by an amount equal
to the prevailing minimum wage for each hour of community service
performed beyond the eighty hours of mandatory 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 shall, upon conviction thereof, be
fined in an amount not to exceed one
hundred thousand dollars or
imprisoned in the
regional or county jail for a period not to
exceed ten days, or both fined and imprisoned.
(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 shall, upon conviction
thereof, be fined in an amount not to exceed one hundred dollars
or imprisoned in the
regional or county jail for a period not to
exceed ten days, or both fined and imprisoned.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-12a. Unlawful acts by persons; penalties.
(a) A person under the age of twenty-one years may not order, pay for, share the cost of or attempt to purchase any
nonintoxicating beer, wine or alcoholic liquors from a licensee
or consume any nonintoxicating beer, wine or alcoholic liquors
purchased from a licensee or possess any nonintoxicating beer,
wine or alcoholic liquors purchased from a licensee. Any person
under the age of twenty-one years who violates any provisions of
this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall
be fined in an amount not to exceed five hundred
dollars or imprisoned in the county jail for a period not to
exceed seventy-two hours, or both fined and imprisoned, and, in
addition to such fine and imprisonment, may, for the first
offense, be placed on probation for a period not to exceed one
year have his or her license to operate a motor vehicle revoked
pursuant to the administrative procedures set forth in article
five-a, chapter seventeen-c of this code for a period of six
months, shall be fined not less than two hundred fifty dollars
nor more than five hundred dollars, and shall be sentenced to
perform forty hours of community service. A person sentenced
under these provisions may elect to perform additional hours of
community service, beyond the mandatory forty hours, in lieu of paying all or part of the fine. A person performing additional
community service may reduce his or her fine by an amount equal
to the prevailing minimum wage for each hour of community service
performed beyond the forty hours of mandatory community service.
A person convicted of a second or subsequent offense under this
subsection is guilty of a misdemeanor and shall have his or her
license to operate a motor vehicle revoked pursuant to the
administrative procedures set forth in article five-a, chapter
seventeen-c of this code for a period of one year, shall be fined
not less than five hundred dollars nor more than one thousand
dollars, and shall be sentenced to perform eighty hours of
community service. A person sentenced under these provisions may
elect to perform additional hours of community service, beyond
the mandatory eighty hours, in lieu of paying all or part of the
fine. A person performing additional community service may
reduce his or her fine by an amount equal to the prevailing
minimum wage for each hour of community service performed beyond
the eighty hours of mandatory community service.
Provided,
That
Nothing in this subsection shall prohibit a person who is at
least eighteen years of age from purchasing or possessing nonintoxicating beer, wine or alcoholic liquors 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 nonintoxicating beer, wine or alcoholic
liquors from a 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 nonintoxicating beer, wine or
alcoholic liquors from a licensee, is guilty of a misdemeanor
and, upon conviction thereof, shall be fined in an amount not to
exceed five hundred dollars or shall be imprisoned in the county
jail for a period not to exceed seventy-two hours, or both such
fine and imprisonment, or, in lieu of such fine and imprisonment,
may, for the first offense, be placed on probation for a period
not exceeding one year have his or her license to operate a motor vehicle revoked pursuant to the administrative procedures set
forth in article five-a, chapter seventeen-c of this code for a
period of six months, shall be fined not less than two hundred
fifty dollars nor more than five hundred dollars, and shall be
sentenced to perform forty hours of community service. A person
sentenced under these provisions may elect to perform additional
hours of community service, beyond the mandatory forty hours, in
lieu of paying all or part of the fine. A person performing
additional community service may reduce his or her fine by an
amount equal to the prevailing minimum wage for each hour of
community service performed beyond the forty hours of mandatory
community service. A person convicted of a second or subsequent
offense under this subsection is guilty of a misdemeanor and
shall have his or her license to operate a motor vehicle revoked
pursuant to the administrative procedures set forth in article
five-a, chapter seventeen-c of this code for a period of one
year, shall be fined not less than five hundred dollars nor more
than one thousand dollars, and shall be sentenced to perform
eighty hours of community service. A person sentenced under
these provisions may elect to perform additional hours of community service, beyond the mandatory eighty hours, in lieu of
paying all or part of the fine. A person performing additional
community service may reduce his or her fine by an amount equal
to the prevailing minimum wage for each hour of community service
performed beyond the eighty hours of mandatory community service.
(c) Any person who knowingly buys for, gives to or furnishes
to anyone under the age of twenty-one, any nonintoxicating beer,
wine or alcoholic liquors purchased from a licensee, is guilty of
a misdemeanor and shall, upon conviction thereof, be fined not
more than five hundred one thousand dollars, or imprisoned in the
regional or county jail not more than ten days, or both fined and
imprisoned.
ARTICLE 8. SALE OF WINES.
§60-8-20a. Unlawful acts by persons; penalties.
(a) Any person under the age of twenty-one years who
purchases, consumes, sells, possesses or serves wine or other
alcoholic liquor is guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not to exceed five hundred
dollars or shall be incarcerated in the county jail for a period
not to exceed seventy-two hours, or both fined and imprisoned,
or, in lieu of such fine and incarceration, may, for the first offense, be placed on probation for a period not to exceed one
year have his or her license to operate a motor vehicle revoked
pursuant to the administrative procedures set forth in article
five-a, chapter seventeen-c of this code for a period of six
months, shall be fined not less than two hundred fifty dollars
nor more than five hundred dollars, and shall be sentenced to
perform forty hours of community service. A person sentenced
under these provisions may elect to perform additional hours of
community service, beyond the mandatory forty hours, in lieu of
paying all or part of the fine. A person performing additional
community service may reduce his or her fine by an amount equal
to the prevailing minimum wage for each hour of community service
performed beyond the forty hours of mandatory community service.
A person convicted of a second or subsequent offense under this
subsection is guilty of a misdemeanor and shall have his or her
license to operate a motor vehicle revoked pursuant to the
administrative procedures set forth in article five-a, chapter
seventeen-c of this code for a period of one year, shall be fined
not less than five hundred dollars nor more than one thousand
dollars, and shall be sentenced to perform eighty hours of community service. A person sentenced under these provisions may
elect to perform additional hours of community service, beyond
the mandatory eighty hours, in lieu of paying all or part of the
fine. A person performing additional community service may
reduce his or her fine by an amount equal to the prevailing
minimum wage for each hour of community service performed beyond
the eighty hours of mandatory community service.
Nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed to prohibit any person
who is at least eighteen years of age from serving in the lawful
employment of any licensee, which may include the sale or
delivery of wine as defined in this article. Further, nothing in
this article, nor any rule or regulation of the commissioner,
shall prevent or be deemed to prohibit any person who is less
than eighteen but at least sixteen years of age from being
employed by a licensee whose principal business is the sale of
food or consumer goods or the providing of recreational
activities, including, but not limited to, nationally franchised
fast food outlets, family-oriented restaurants, bowling alleys,
drug stores, discount stores, grocery stores and convenience stores:
Provided,
That such person shall not sell or deliver
wine or alcoholic liquor.
Nothing in this subsection shall prohibit a person who is at
least eighteen years of age from purchasing or possessing wine or
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 wine or other alcoholic liquors from a
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 wine or other alcoholic liquors, is guilty
of a misdemeanor and, upon conviction thereof, shall be fined in
an amount not to exceed fifty dollars or shall be imprisoned in
the county jail for a period not to exceed seventy-two hours, or both such fine and imprisonment, or, in lieu of such fine and
imprisonment, may, for the first offense, be placed on probation
for a period not exceeding one year have his or her license to
operate a motor vehicle revoked pursuant to the administrative
procedures set forth in article five-a, chapter seventeen-c of
this code for a period of six months, shall be fined not less
than two hundred fifty dollars nor more than five hundred
dollars, and shall be sentenced to perform forty hours of
community service. A person sentenced under these provisions may
elect to perform additional hours of community service, beyond
the mandatory forty hours, in lieu of paying all or part of the
fine. A person performing additional community service may
reduce his or her fine by an amount equal to the prevailing
minimum wage for each hour of community service performed beyond
the forty hours of mandatory community service. A person
convicted of a second or subsequent offense under this subsection
is guilty of a misdemeanor and shall have his or her license to
operate a motor vehicle revoked pursuant to the administrative
procedures set forth in article five-a, chapter seventeen-c of
this code for a period of one year, shall be fined not less than five hundred dollars nor more than one thousand dollars, and
shall be sentenced to perform eighty hours of community service.
A person sentenced under these provisions may elect to perform
additional hours of community service, beyond the mandatory
eighty hours, in lieu of paying all or part of the fine. A
person performing additional community service may reduce his or
her fine by an amount equal to the prevailing minimum wage for
each hour of community service performed beyond the eighty hours
of mandatory community service.
(c) Any person who shall knowingly buy for, give to or
furnish wine or other alcoholic liquors from any source to anyone
under the age of twenty-one to whom they are not related by blood
or marriage, is guilty of a misdemeanor and shall, upon
conviction thereof, be fined in an amount not to exceed one
hundred thousand dollars or shall be imprisoned in the regional
or county jail for a period not to exceed ten days, or both such
fine and imprisonment.
NOTE: This bill increases penalties for minors who possess,
consume or sell alcoholic beverages, or who falsely represent
their age to obtain alcoholic beverages.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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