VII. Consumer Protection
(Reserved)
VIII. Offenses By or Against Minors
Chapter 10.74
OFFENSES BY AND AGAINST MINORS1
Sections:
10.74.020 Unlawful harboring of minor.
10.74.034 Use of firearms by minor.
10.74.036 Delivery to minors and others forbidden.
10.74.040 Repealed.
10.74.050 Liquor—Providing false identification.
10.74.060 Repealed.
10.74.065 Furnishing liquor to minors—Possession, use—Exhibition of effects—Exceptions.
10.74.070 Licensed premises—Frequenting taverns or cocktail lounges prohibited.
10.74.080 Licensed premises—Entry permitted during certain employment.
10.74.090 Licensed premises—Delivery or sale of liquor by minors.
10.74.100 Licensed premises—Permitted types of employment.
10.74.110 Knowledge of age not element of offense.
10.74.010 Definitions.
The following definitions apply in this chapter:
A. “Parent” and “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.
B. “Public place” means an area open to members of the public. (Ord. 1145-85 § 82, 1985)
10.74.020 Unlawful harboring of minor.
A. A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent’s permission, and if the person intentionally:
1. Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
2. Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
3. Obstructs a law enforcement officer from taking the minor into custody; or
4. Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
B. It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
C. Harboring a minor is punishable as a misdemeanor if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section.
D. As used in this section, “minor” means any person less than eighteen years of age. (Ord. 1145-85 § 83, 1985)
10.74.034 Use of firearms by minor.
No minor under the age of fourteen years shall handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes. Every person violating any of the foregoing provisions, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor. (Ord. 1641-89 §§ 1, 4 (part), 1989)
10.74.036 Delivery to minors and others forbidden.
A. No person shall deliver a pistol to any person under the age of twenty-one or to one whom he or she has reasonable cause to believe has been convicted of a crime of violence as defined in Chapter 9.41 RCW, or is a drug addict, an habitual drunkard, or of unsound mind.
B. Violation of any provision of this section is a misdemeanor. (Ord. 1641-89 §§ 2, 4, 1989)
10.74.040 Liquor—Sale to minor.
Repealed by Ord. 2313-98. (Ord. 1145-85 § 86, 1985)
10.74.050 Liquor—Providing false identification.
It is a misdemeanor for anyone to transfer any identification of age to a person under the age of twenty-one 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. 1145-85 § 87, 1985)
10.74.060 Liquor—Supplying to minor— Possession or consumption by minor.
Repealed by Ord. 2313-98. (Ord. 2002-94 § 1, 1994; Ord. 1630-89 § 1, 1989; Ord. 1145-85 § 88, 1985)
10.74.065 Furnishing liquor to minors—Possession, use—Exhibition of effects—Exceptions.
A. It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one 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. A violation of this subsection is a gross misdemeanor.
B. 1. It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor.
2. It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in 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 has the odor of liquor on his or her breath and either: (i) is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection B.2 does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsections D or E of this section.
C. 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 twenty-one 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 twenty-one years on any premises licensed under Chapter 66.24 RCW.
D. This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.
E. This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimum 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 twenty-one 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 twenty-one years. (Ord. 2313-98 § 1, 1998)
10.74.070 Licensed premises—Frequenting taverns or cocktail lounges prohibited.
Except as otherwise provided by this chapter, it is a misdemeanor:
A. To serve or allow to remain on the premises of any tavern, or cocktail lounge portion of any class H licensed premises, as defined by RCW Title 66, any person under the age of twenty-one years;
B. For any person under the age of twenty-one years to enter or remain on the premises of any tavern, or cocktail lounge portion of any public class H licensed premises, as defined by RCW Title 66;
C. For any person under the age of twenty-one years to represent his age as being twenty-one or more years for the purpose of securing admission to, or remaining on the premises of, any tavern or cocktail lounge portion of the class H licensed premises. (Ord. 1145-85 § 89, 1985)
10.74.080 Licensed premises—Entry permitted during certain employment.
A. It is lawful for:
1. Professional musicians, professional disc jockeys, or professional sound or lighting technicians actively engaged in support of professional musicians or professional disc jockeys, eighteen years of age and older, to enter and to remain in any premises licensed under the provisions of RCW Title 66, but only during and in the course of their employment as musicians, disc jockeys, or sound or lighting technicians;
2. Persons eighteen years of age and older performing janitorial services to enter and remain on premises licensed under the provisions of RCW Title 66 when the premises are closed but only during and in the course of their performance of janitorial services; and
3. Employees of amusement device companies, which employees are eighteen years of age or older, to enter and to remain in any premises licensed under the provisions of RCW Title 66, but only during and in the course of their employment for the purpose of installing, maintaining, repairing, or removing an amusement device. For the purposes of this section “amusement device” means coin-operated video games, pinball machines, juke boxes, or other similar devices.
B. This section shall not be construed as permitting the sale or distribution of any alcoholic beverages to any person under the age of twenty-one years. (Ord. 1145-85 § 90, 1985)
10.74.090 Licensed premises—Delivery or sale of liquor by minors.
Employers holding class E and/or F licenses, as defined in RCW Title 66, exclusively are permitted to allow their employees, between the ages of eighteen and twenty-one years, to sell beer or wine in, on or about any establishment holding a class E and/or class F license exclusively; provided, that there is an adult twenty-one years of age or older on duty supervising the sale of liquor at the licensed premises; provided, that minor employees may make deliveries of beer and/or wine purchased from licensees holding class E and/or class F licenses exclusively, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the minor employee is accompanied by the purchaser. (Ord. 1145-85 § 91, 1985)
10.74.100 Licensed premises—Permitted types of employment.
Notwithstanding provisions of Section 10.74.070, employees of class A, C, D and/or H licensees, as defined in RCW Title 66, eighteen years of age and over may take orders for, serve and sell liquor in any part of the licensed premises except cocktail lounges, bars, or other areas classified by the Washington State Liquor Control Board as off-limits to persons under twenty-one years of age; provided, that such employees may enter such restricted areas for the following purposes: To pick up liquor for service in other parts of the licensed premises, to perform clean up work, to set up and arrange tables, and to deliver supplies; provided further, that such employees shall remain in the areas off-limits to minors no longer than is necessary to carry out their aforementioned duties; provided further, that such employees shall not be permitted to perform activities or functions of a bartender. (Ord. 1145-85 § 92, 1985)
10.74.110 Knowledge of age not element of offense.
In any prosecution under Sections 10.74.040 through 10.74.070, it is not a defense that the actor reasonably believed that the other person was twenty-one years of age or older. (Ord. 1145-85 § 93, 1985)
For sexual offenses involving minors, see Chapter 10.32. For statutory provisions forbidding delivery of pistols to minors, see RCW 9.41.080 and 26.28.080(5).