2023 West Virginia Code › Chapter 60. State Control of Alcoholic Liquors › Article 6. Miscellaneous Provisions › §60-6-8. Unlawful Sale or Possession by Licensee

A licensed person shall not:
(1) Sell, furnish, tender, or serve alcoholic liquors of a kind other than that which the license or this chapter authorizes him or her to sell;
(2) Sell, furnish, tender, or serve beer to which wine, spirits, or alcohol has been added;
(3) Sell, furnish, tender, or serve wine to which other alcoholic spirits have been added, otherwise than as required in the manufacture of the wine under rules of the commission;
(4) Sell, furnish, tender, or serve alcoholic liquors to a person specified in 60-3-22 of this code;
(5) Sell, furnish, tender, or serve alcoholic liquors except as authorized by its license;
(6) Sell, furnish, tender, or serve alcoholic liquors other than by the drink, poured from the alcoholic liquors original container:
Provided
, That under certain requirements exceptions to liquor by the drink are as follows:
(A) A private club licensed under 60-7-1
et seq.
of this code, that is in good standing with the commissioner and has paid a $1000 on-premises only bottle service fee to the commissioner, may sell or serve liquor by the bottle to two or more persons for consumption on the licensed premises only, and any liquor bottle sold by the private club shall be sold at retail for personal use, and not for resale, to a person for not less than 300 percent of the private clubs cost, and the liquor bottle shall be removed from the licensed premises by any person or the licensee; and
(B) A Class A licensee licensed under 60-8-1
et seq.
of this code may sell or serve wine by the bottle to two or more persons for consumption on the licensed premises only, unless the licensee has obtained a license or privilege authorizing other activity;
(7) Sell, furnish, tender, or serve pre-mixed alcoholic liquor that is not in the original container:
Provided,
That a licensee may sell, furnish, tender, and serve up to 15 recipes of pre-mixed beverages consisting of alcoholic liquors and nonalcoholic mixer, in a manner approved by the commissioner and in accord with public health and safety standards:
(A) The licensee shall use approved dispensing and storage equipment which shall be cleaned at the end of the day. Failure to clean the dispensing and storage equipment shall result in the immediate suspension or revocation of the permit;
(B) The licensee shall sanitize and clean the pre-mixing beverage storage equipment after each use or after each batch of the pre-mixed beverage is made; and
(C) The licensee shall maintain a written record reflecting the cleaning and sanitizing of the storage and dispensing equipment for inspection by the commissioner and health inspectors;
(D) A violation or violations this subdivision may result in the suspension or revocation of the permit and may result in additional sanctions under this chapter or 11-16-1
et seq
. of this code;
(8) Sell, furnish, tender, or serve any alcoholic liquor when forbidden by the provisions of this chapter;
(9) Sell, possess, possess for sale, tender, serve, furnish, or provide any powdered alcohol;
(10) Keep on the premises covered by his or her license alcoholic liquor other than that which he or she is authorized to sell, furnish, tender, or serve by such license or by this chapter.
A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined in jail not less than 30 days nor more than one year, or both fined and confined for the first offense. Upon conviction of a second or subsequent offense, the court may impose a penalty of imprisonment in a state correctional facility for a period not to exceed three years. A person who violates any provision of this section for the second or any subsequent offense under this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a period not to exceed three years.