Chapter 10.42
LIQUOR OFFENSES1
Sections:
10.42.020 Opening or consuming in public place—Penalty.
10.42.030 Drinking in public conveyance.
10.42.040 Sale of liquor to intoxicated person—Penalty.
10.42.045 Purchase or consumption of liquor by intoxicated person.
10.42.050 Unlawful sale of liquor.
10.42.070 Possession or consumption in city-owned buildings or approved city property.
10.42.075 Permit to use city property for liquor purposes.
10.42.080 Search warrant—Seizure of evidence.
10.42.090 Description of offense.
10.42.100 Wording of complaint.
10.42.010 Definitions.
For the purposes of this chapter words and phrases used shall have the following meanings:
A. “Alcohol” is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term “alcohol” does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements and machines or implements of husbandry.
B. “Beer” means any malt beverage or malt liquor as these terms are defined in this chapter.
C. “Liquor” includes the four varieties of liquor herein defined (alcohol, spirits, wine, and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquor or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.
D. “Malt beverage” or “malt liquor” means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume.
E. “Package” means any container or receptacle used for holding liquor.
F. “Public place” includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.
G. “Spirits” means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.
H. “Wine” means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. (Ord. 3296-12 § 1, 2012: amended during 1/88 supplement; Ord. 1145-85 § 111, 1985)
10.42.020 Opening or consuming in public place—Penalty.
Except as permitted by RCW Title 66 or ordinances of the city, no person shall open a package containing liquor or consume liquor in a public place. Violation of any of the provisions of this section is an infraction, and may be punished by a fine of fifty dollars, not including statutory assessments. (Ord. 2437-00 § 2, 2000: Ord. 1145-85 § 112, 1985)
10.42.030 Drinking in public conveyance.
A. Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This subsection does not apply to a public conveyance that is commercially chartered for group use or a for-hire vehicle licensed under city, county, or state law.
B. Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for-hire vehicle licensed under city, county, or state law, this subsection applies only to the driver of the vehicle. (Ord. 1145-85 § 112A, 1985)
10.42.040 Sale of liquor to intoxicated person—Penalty.
No person shall sell any liquor to any person apparently under the influence of liquor. Anyone who violates this section shall be guilty of a misdemeanor. (Ord. 1145-85 § 113, 1985)
10.42.045 Purchase or consumption of liquor by intoxicated person.
A. No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the Washington State Liquor Control Board.
B. A violation of this section is a civil infraction punishable by a fine of not more than five hundred dollars.
C. A defendant’s intoxication may not be used as a defense in an action under this section. (Ord. 2315-98 § 1, 1998)
10.42.050 Unlawful sale of liquor.
It is unlawful to sell any liquor, including wine or beer, by the drink or by the bottle in the city except as otherwise provided by RCW Title 66, and as amended. (Ord. 1145-85 § 114, 1985)
10.42.060 Statute violation.
Any person who keeps or possesses liquor, including wine or beer, on premises conducted or maintained by him as principal or agent, with intent to sell the same in violation of this chapter, and RCW Title 66, is guilty of a violation of this chapter. (Amended during 1/88 supplement; Ord. 1145-85 § 115, 1985)
10.42.070 Possession or consumption in city-owned buildings or approved city property.
Subject to the conditions of this section, department heads may authorize, by issuing a banquet and rental permit, the possession, display, sale, and/or consumption of liquor within city-owned buildings or areas of city-owned property for single events not to exceed three days. A city banquet and rental permit shall be issued on the following conditions:
A. The applicant must produce evidence that it has a banquet permit or other appropriate permit or license for each day of the event from the Washington State Liquor Control Board.
B. The department head shall determine an amount necessary to insure proper performance of cleanup subsequent to the applicant’s event and shall require the applicant to deposit that amount with the city prior to a banquet and rental permit being issued.
C. The applicant must agree to indemnify and save the city harmless from all losses or damages occasioned by the applicant to any third person or property by reason of any acts or omissions of the applicant or anyone using the premises pursuant to the banquet and rental permit, and the applicant shall, after reasonable notice thereof, defend and pay the expense of any suit which may be commenced against the city by any third person alleging injury or loss by reason of such acts. (Ord. 3296-12 § 4, 2012: Ord. 1145-85 § 116, 1985)
10.42.075 Permit to use city property for liquor purposes.
Subject to the conditions of this section, department heads may authorize, by issuing a city liquor permit, regular use of city-owned property for the possession, display, sale, and/or consumption of liquor. A city liquor permit shall be issued on the following conditions:
A. The city council must have approved, by motion, resolution, or ordinance, the use of the specific city property for liquor purposes. The city liquor permit must not authorize liquor use of city property beyond that approved by the city council.
B. The applicant must produce evidence that it has obtained all necessary permits from the Washington State Liquor Control Board.
C. The applicant must procure and maintain, at its own cost and expense, such insurance as may be required by the city attorney, including, specifically, liquor law or dram shop liability.
D. The applicant must agree to indemnify and save the city harmless from all losses or damages occasioned by the applicant to any third person or property by reason of any acts or omissions of the applicant or anyone using the premises pursuant to the banquet and rental permit, and the applicant shall, after reasonable notice thereof, defend and pay the expense of any suit which may be commenced against the city by any third person alleging injury or loss by reason of such acts.
E. Such other conditions as the department head, in consultation with the city attorney, may determine are necessary. (Ord. 3296-12 §§ 5, 6, 2012)
10.42.080 Search warrant—Seizure of evidence.
A. If, upon sworn complaint of any person, it shall be made to appear to the Everett District Court that there is probable cause to believe that intoxicating liquor is being sold, bartered, exchanged, given away, furnished or otherwise disposed of, or kept in violation of this chapter, such court shall issue a search warrant directed to a civil officer of the state of Washington duly authorized to enforce or assist in enforcing any laws thereof, or to the chief of police or duly authorized police officer of the city, or to an inspector of the Washington State Liquor Control Board, commanding him to search the premises designated and described in such complaint and warrant, and to seize all intoxicating liquors therefrom, together with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal sale, barter, exchange, giving away, furnishing, or otherwise disposing of such liquors, and to safely keep the same and to make a return for said warrant within ten days following, all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if any, and if no person be found in possession of said articles the return shall so state. A copy of said warrant, together with a detailed receipt for the property taken shall be served upon the person or persons found in possession of such intoxicating liquor, furniture or fixtures so seized, and if no person be found in possession thereof a copy of the warrant and receipt shall be left in a conspicuous place upon the premises in which the same are found. All liquor, seized pursuant to such search warrant, shall upon final adjudication that it was kept in violation of this article, be ipso facto forfeited, and upon such forfeiture be delivered to the Washington State Liquor Control Board, or if so ordered destroyed.
B. Upon return of the warrant, as provided herein, the court shall fix a time, not less than ten days and not more than thirty days thereafter, for hearing of said return, unless such hearing shall be continued by the court, when he shall proceed to hear and determine whether or not the articles so seized, or any part thereof, were used or in any manner kept or possessed by any person with the intention of violating any of the provisions of this chapter. At such hearing any person claiming any interest in any of the articles seized may appear and be heard upon filing a written claim, setting forth particularly the character and extent of his interest and the burden shall rest upon the claimant to show by any competent evidence his property right or interest in the articles claimed, and the same were not used in violation of any of the provisions of this chapter, and were not in any manner kept or possessed with the intention of violating any of the provisions of this chapter. If, upon such hearing, the evidence warrants, or if no person shall appear as claimant, the court shall thereupon enter judgment of forfeiture and all of such articles destroyed forthwith; provided, however, that if, in the opinion of the court, any of the forfeited articles, other than the intoxicating liquor, are of value and adapted to any lawful use, such court, if a part of the order and judgment, shall direct that said articles, other than the intoxicating liquor, shall be sold upon execution, by the chief of police, or by whomever he shall designate, and the proceeds of such sale, after the payment of all costs in the proceedings, shall be paid to the liquor revolving fund of the state. Action under this section, and the forfeitures, destruction or sale of any articles thereunder, shall not be a bar to any prosecution under any other provision or provisions of this chapter. (Ord. 1145-85 § 117, 1985)
10.42.090 Description of offense.
In describing the offense respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, purchasing or consumption of liquor in any complaint, conviction, warrant or proceeding under this chapter, it is sufficient to simply state the sale, or keeping for sale or disposal, having, keeping, giving, purchasing or consumption of liquor, without stating the name or kind of such liquor or the price thereof, of to whom it was sold or disposed of, or by whom consumed, or from whom it was purchased or received; and it shall not be necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, purchased or consumed, except in the case of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity. (Amended during 1/88 supplement; Ord. 1145 § 118, 1985)
10.42.100 Wording of complaint.
The description of any offense under this chapter in the words of this chapter, or in any words of like effect shall be sufficient in law; and any exception, exemption, provision, excuse or qualification, whether it occurs by way of proviso or in the description of the offense in this article, may be proved by the defendant, but need not be specified or negatived, in the complaint; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. (Amended during 1/88 supplement; Ord. 1145-85 § 119, 1985)
10.42.110 Violation—Penalty.
Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor. (Ord. 1145-85 § 120, 1985)
For offenses involving minors and liquor, see Article VIII of this title. For the statutory provisions concerning liquor control generally, see RCW Title 66.