W. Va. Code § 60-3-22

Sales to certain persons prohibited.

  1. (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. (1) Less than twenty-one years of age;
    2. (2) An habitual drunkard;
    3. (3) Intoxicated;
    4. (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. (5) Mentally incompetent.
  2. (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. (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. (2) Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
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