Chapter 9.28
OFFENSES BY AND AGAINST MINORS*
Sections:
9.28.020 Presence in or near taverns.
9.28.030 False identification or representation to obtain liquor.
9.28.040 Allowing where intoxicants served.
9.28.050 Leaving children in automobile.
9.28.060 Furnishing liquor to minors – Possession, use – Exhibition of effects – Exceptions.
9.28.070 Repealed.
9.28.090 Boarding or alighting from moving trains.
* For provisions on delivery of pistols to those under 21 years of age, see BMC 9.32.090. For provisions on air guns, see BMC 9.32.210 et seq.
9.28.010 Definitions.
The following definitions apply in this chapter:
A. “Liquor” means as defined in the Washington State Liquor Act, RCW 66.04.010(16).
B. “Minor” means any person less than 18 years of age.
C. “Parent or guardian” means the parent or legal guardian, or the person or institution that has the care, custody or control of a minor child by consent of the parent or legal guardian or by court action.
D. “Public place” means an area open to members of the public. (Ord. 1558 § 1, 1980; prior code § 6.06.010)
9.28.020 Presence in or near taverns.
It is unlawful for any person under the age of 21 years to enter or be found in or about a tavern. (Ord. 1558 § 1, 1980; prior code § 6.06.020)
9.28.030 False identification or representation to obtain liquor.
It is unlawful for any one knowingly to transfer any identification of age to a person under the age of 21 years for the purpose of permitting such person to obtain liquor, or for such person to use such identification or make false representations as to his age for the purpose of obtaining liquor. (Ord. 1558 § 1, 1980; prior code § 6.06.030)
9.28.040 Allowing where intoxicants served.
It is unlawful for any person having charge of a public place in the city, where intoxicating liquors are served, to admit or to allow any person under 21 years of age to remain on the premises contrary to the laws of the state. (Ord. 1558 § 1, 1980; prior code § 6.06.040)
9.28.050 Leaving children in automobile.
It is unlawful for any person having the care and custody, whether temporary or permanent, of a minor child under the age of 12 years to leave such child in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous or malt liquors are dispensed for consumption on the premises. (Ord. 2363 § 4, 1998; Ord. 1558 § 1, 1980; prior code § 6.06.060)
9.28.060 Furnishing liquor to minors – Possession, use – Exhibition of effects – Exceptions.
A. It is a gross misdemeanor for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft.
B. 1. It is a gross misdemeanor for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor.
2. It is a gross misdemeanor for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, or pass through a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, “exhibiting the effects of having consumed liquor” means that a person either:
a. Is in possession of or close proximity to a container that has or recently had liquor in it; or
b. By speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor; or
c. Has the odor of liquor on his or her breath.
C. Parental Exceptions. Subsections (A) and (B)(1) of this section do not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW. Subsection (B)(2) of this section does not apply if the person has consumed or is consuming liquor under circumstances described in subsection (D) or (E) of this section.
D. This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist.
E. This section does not apply to liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.
F. Conviction or forfeiture of bail for a violation of this section by a person under the age of 21 years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of 21 years. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 2144 § 2, 1994)
9.28.070 Supplying liquor to or permitting consumption by those under 21.
Repealed by Ord. 2144. (Ord. 1558 § 1, 1980; prior code § 6.06.080)
9.28.080 Curfew.
A. No person under the age of 14 years shall be permitted to walk, ride, play, loaf or lounge in any street, road, alley or public park or plaza within the city limits between the hours of 9:00 p.m. and 5:00 a.m.
B. No person under the age of 18 years and over the age of 13 years shall be permitted to walk, ride, play, loaf or lounge in any street, road, alley or public park or plaza within the city limits between the hours of 11:45 p.m. and 5:00 a.m.
C. The provisions of this section shall not apply to any child or children who are in company of a parent, guardian or other adult authorized by the parent or guardian, nor where the child or children may be sent for medicine, medical or other assistance in case of accident or sickness, nor when the child or children is on other legitimate business authorized by the parent or guardian.
D. Any parent, guardian or other person in authority who permits a child to violate the provisions of this section shall, when convicted, be deemed guilty of a misdemeanor, and be fined in a sum not exceeding $10.00.
E. Any minor violating this section is guilty of a misdemeanor and shall be referred to the juvenile court authorities of the county. (Ord. 1558 § 1, 1980; prior code § 6.06.090)
9.28.090 Boarding or alighting from moving trains.
It is unlawful for any minor to get on or off, to get on or catch hold of, to run along the side of or in front of, or attempt to get on or catch hold of or alight from any railroad train, railroad engine or railroad car in the city while the same is in motion. (Ord. 1558 § 1, 1980; prior code § 6.06.050)