§60-3-22. Sales to certain persons prohibited.
(a) Alcoholic liquors and nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code shall not be sold to a person who is:
(1) Less than twenty-one years of age;
(2) An habitual drunkard;
(3) Intoxicated;
(4) Addicted to the use of any controlled substance as defined by any of the provisions of chapter sixty-a of this code; or
(5) Mentally incompetent.
(b) It shall be a defense to a violation of subdivision (1), subsection (a) of this section if the seller shows that the purchaser:
(1) Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or
(2) Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
Notes of Decisions
Anderson v. Moulder, 394 S.E.2d 61 (W. Va. 1990).
“See W.Va. Code, 60-3-22(1) (1986); 60-3-22a(b); 60-7-12(a)(3) (1986); 60-7-12a(b); 60-8-20(c) (1986); 60-8-20a(b).”
Overbaugh v. McCutcheon, 396 S.E.2d 153 (W. Va. 1990).
· cites it 2× “Specifically, W.Va. Code § 60-3-22 (1986) provides that: Alcoholic liquors shall not be sold to a person who is: (1) Less than twenty-one years of age; (2) An habitual drunkard; (3) Intoxicated; (4) Addicted to the use of any controlled substance as defined by any of the…”
Haba v. Big Arm Bar & Grill, Inc., 468 S.E.2d 915 (W. Va. 1996).
“Appellants’ complaint alleged that James Hutzler knew or reasonably should have known that Big Arm, his tenant, sold alcoholic beverages to underage individuals in violation of State law. Therefore, appellants further contend that Hutzler may be held liable to appellants in this…”
Farmers & Mechanics Mut. Fire Ins. v. Hutzler, 447 S.E.2d 22 (W. Va. 1994).
“West Virginia Code § 60-3-22 (1986) provides, in part, that “[ajlcoholic liquors shall not be sold to a person who is: (1) Less than twenty-one years of age; -” In Overbaugh v.”
W. Va. Code § 60-3-22(1): 1 case
Anderson v. Moulder, 394 S.E.2d 61 (W. Va. 1990).
“See W.Va. Code, 60-3-22(1) (1986); 60-3-22a(b); 60-7-12(a)(3) (1986); 60-7-12a(b); 60-8-20(c) (1986); 60-8-20a(b).”
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