§ 521.13. Possession or sale of alcoholic liquor; unlawful acts by persons.

(a)

Alcohol purchase, sale, possession or consumption to or by persons under 21 years of age. Any person who is 18 or over but under the age of 21 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 $500.00 or shall be incarcerated in jail for a period not to exceed 72 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. Any person who is under 18 years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a status offense, as that term is defined in W. Va. Code, § 49-1-4, and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided in W. Va. Code, § 49-5-11. Nothing in this Article, nor any rule or regulation of the state alcohol beverage control commissioner, shall prevent or be deemed to prohibit any person who is at least 18 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 18 years of age from purchasing or possessing alcoholic liquor when he 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 state alcohol beverage control commissioner.

(b)

Misrepresentation of age to purchase liquor. Any person under the age of 21 years who, for the purpose of purchasing liquor from a retail licensee, misrepresents his age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his 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 $50.00 or imprisoned in the county jail for a period not to exceed 72 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.

(c)

Providing false identification. Any person or persons who engage in making or buying false identification for the purpose of purchasing liquor from a retail licensee is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 or imprisoned in the county jail for a period not to exceed 72 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.

(d)

Providing liquor to persons under the age of 21. Any person who knowingly buys for, gives to or furnishes to anyone under the age of 21 to whom he 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 $100.00 or imprisoned in the county jail for a period not to exceed ten days, or both fined and imprisoned.

(e)

Consumption on premises of retail outlet. 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 $100.00 or imprisoned in the county jail for a period not to exceed ten days, or both fined and imprisoned.

(Code 1991, § 521.13; Ord. of 11-5-2001)