Chapter 10.43
REGULATING THE SALE AND USE
OF MALT LIQUOR
Sections:
10.43.025 Sale of unidentified kegs.
10.43.010 Seller’s duties.
Any person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor, or leases kegs or other containers which will hold four gallons of malt liquor, to consumers who are not licensed under RCW Chapter 66.24 shall do the following for any transaction involving said container:
A. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container and/or beverage in substantially the form provided in RCW 66.28.220;
B. Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;
C. Require the purchaser to sign a sworn statement, under penalty of perjury, that:
1. The purchaser is of legal age to purchase, possess or use malt liquor,
2. The purchaser will not allow any person under the age of twenty-one years to consume the beverage except as provided by RCW 66.44.270,
3. The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification number required under RCW 66.28.220 to be affixed to the container;
D. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located;
E. Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without physical barrier from such keg, during the time that the keg or other container is in the purchaser’s possession or control. (Ord. 1726-90 § 1, 1990; Ord. 1243-86 § 1 (part), 1986)
10.43.020 Purchaser’s duty.
Any person who purchases the contents of kegs or other containers containing four gallons or more of malt liquor, or purchases or leases the container shall:
A. Sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in RCW 66.28.220;
B. Provide one piece of identification pursuant to RCW 66.16.040;
C. Be of legal age to purchase, possess or use malt liquor;
D. Not allow any person under the age of twenty-one to consume the beverage except as provided by RCW 66.44.270;
E. Not remove, obliterate, or allow to be removed or obliterated, the identification required under rules adopted by the Washington state liquor control board;
F. Not move, keep or store keg or its contents, except for transporting to and from distributor, at any place other than that particular address declared on the receipt and declaration;
G. Maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without physical barrier from such keg, during the time that the keg or other container is in the purchaser’s possession or control. (Ord. 1726-90 § 2, 1990; Ord. 1243-86 § 1 (part), 1986)
10.43.025 Sale of unidentified kegs.
It is unlawful for any person to sell or offer for sale kegs or other containers containing four gallons or more of malt liquor to consumers who are not licensed under Chapter 66.24 RCW if the kegs or containers are not identified in compliance with rules adopted by the Washington state liquor control board. (Ord. 1726-90 § 4, 1990)
10.43.040 Penalties.
A. Except as provided in Section 10.74.065, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a person under the age of twenty-one is guilty of a gross misdemeanor.
B. The violation of any provisions of this chapter is a gross misdemeanor. (Ord. 2437-00 § 1, 2000: Ord. 1726-90 § 3, 1990; Ord. 1243-86 § 1 (part), 1986)