(a) A person may not operate or assemble an amusement ride or attraction while intoxicated.

Terms Used In West Virginia Code 21-10-15

  • Amusement ride: means a mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement. See West Virginia Code 21-10-2
  • Commissioner: means the labor commissioner or his designated agent. See West Virginia Code 21-3A-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Intoxicated: means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant or any combination of alcohol, controlled substances and intoxicants. See West Virginia Code 21-10-2
  • Person: means one or more individuals. See West Virginia Code 21-3A-2

(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 and not more than $2,500, or confined in the county or regional jail for not less than thirty days and not more than one year, or both.

(c) The clerk of the magistrate court or circuit court in which a person is convicted of a violation of this section shall notify the commissioner within ten days of the conviction.