Bill Text: WV SB582 | 2021 | Regular Session | Introduced
Bill Title: Lowering legal age to sell or deliver wine from 18 to 16
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-03-05 - To Judiciary [SB582 Detail]
Download: West_Virginia-2021-SB582-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 582
By Senator Caputo
[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.
