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Introduced Version Senate Bill 582 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Introduced

Senate Bill 582

By Senators Caputo and Lindsay

[Introduced March 5, 2021; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §60-8-20a of the Code of West Virginia, 1931, as amended, relating to lowering the authorized age to sell or deliver wine from 18 to 16.

Be it enacted by the Legislature of West Virginia:


ARTICLE 8.  Sale of wines

 §60-8-20a.  Unlawful acts by persons.

(a) Any person under the age of 21 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 $500 or shall be incarcerated in the county confined in jail for a period not to exceed 72 hours, or both fined and imprisoned confined, 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.

Nothing in this article, nor any rule or regulation of the commissioner, shall may prevent or be deemed to prohibit any person who is at least eighteen 16 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 may prevent or be deemed to prohibit any person who is less than 18 but at least 16 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 may prohibit a person who is at least 18 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 21 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 $50 or shall be imprisoned confined in the county jail for a period not to exceed 72 hours, or both such fine and imprisonment fined and confined or in lieu of such fine and imprisonment may, for the first offense, be placed on probation for a period not exceeding one year.

(c) Any person who shall knowingly buy for, give to or furnish buys for, gives to or furnishes wine or other alcoholic liquors from any source to anyone under the age of 21 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 dollars or shall be imprisoned confined in the county jail for a period not to exceed 10 days, or both such fine and imprisonment fined and confined.


NOTE: The purpose of this bill is to lower the legal age of someone employed by a licensee to sale or deliver wine from 18 to 16.

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

 

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