West Virginia Code of State Rules
Agency 175 - Alcohol Beverage Control Commission
Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER
Series 175-02 - Private Club Licensing
Section 175-2-5 - Violations

5.1.1.a. Sell, offer for sale, tender, or serve any alcoholic liquors other than by the individual drink, or nonintoxicating beer other than from the original package or container, exceptions to liquor by the drink are in the following circumstances:

5.1.1.b. In so far as these activities are prohibited by law, authorize or permit any disturbance of the peace; or any obscene, lewd, immoral or improper entertainment, conduct or practice; gambling or any slot machine, multiple coin console machine, multiple coin console slot machine, or device in the nature of a slot machine: Provided, that various games, gaming, and wagering conducted by duly licensed persons of the West Virginia State Lottery Commission; charitable bingo games conducted by duly licensed charitable or public service organization (or its auxiliaries), pursuant to W. Va. Code § 47-20-1 et seq.; and charitable raffle games conducted by a duly licensed charitable or public service organization (or its auxiliaries), pursuant to W. Va. Code § 47-21-1 et seq. are permissible on a licensee's licensed premises when operated in accordance with the West Virginia Code and Code of State Rules.

5.1.1.c. Sell, give away, or permit the sale of, gift to, consumption of or the procurement of any alcoholic liquors or nonintoxicating beer, for any person under the age of 21 years, any person who is mentally incompetent, or any person who is visibly physically incapacitated due to the consumption of alcoholic liquor or nonintoxicating beer or the use of any controlled substance as specified in W. Va. Code §60A-1-1et seq.

5.1.1.d. Permit the consumption by, or serve, on the licensed premises, any alcoholic liquors or nonintoxicating beer, to any person under the age of 21 years.

5.1.1.e. With the intent to defraud, alter, change, or misrepresent the quality, quantity, or brand name of any alcoholic liquor or nonintoxicating beer.

5.1.1.f. Have a drive-through (including, but not limited to a window, pass through, garage, etc.) or sell or permit the sale of alcoholic liquors, including wine and nonintoxicating beer, through such a drive-through, except that a private club restaurant licensee may request written permission from the Commissioner to operate a drive through window that is located on the licensee's licensed premises, upon the Commissioner's approval, the private club restaurant shall be permitted to sell and serve food, non-alcoholic beverages or alcoholic beverages when separately licensed for such sales. Sales of alcoholic beverages, such as nonintoxicating beer, nonintoxicating craft beer, wine, or liquor must accompany the purchase of food or a meal and sales of alcoholic beverages may consist of:

5.1.1.g. Sell, offer for sale, give away, facilitate the use of, or allow the use of carbon dioxide, cyclopropane, ethylene, helium, or nitrous oxide for purposes of human consumption except as authorized by the Commissioner.

5.1.1.h. Employ any person who is less than 16 years of age in a position where the primary responsibility for such employment is to sell, furnish, tender, serve, or give nonintoxicating beer, wine, or alcoholic liquors to any person;

5.1.1.i. Employ any person who is between 16 years of age and younger than 21 years of age who is not directly supervised by a person aged 21 or over in a position where the primary responsibility for such employment is to sell, furnish, tender, serve or give nonintoxicating beer, wine, or alcoholic liquors to any person;

5.1.1.j. Violate any reasonable rule of the Commissioner.

5.1.4.a. If a life-threatening medical emergency occurs on a licensee's private premises requiring notification of emergency medical services or law enforcement under W. Va. Code § 60-7-13(d), the licensee shall notify the Commissioner within 48 hours of the emergency's occurrence.

5.1.4.b. As used in this section, a life-threatening medical emergency includes, but is not limited to, respiratory distress or cessation of breathing, severe chest pains, shock, uncontrolled bleeding, poisoning, prolonged unconsciousness, overdose, any complaint or observation which indicates significant head or spinal injury, and life-threatening physical injury caused by a crime of violence against the person on or emanating from the licensed premises.