Chapter 6.10
DRUGS, ALCOHOL, AND POISONS1

Sections:

6.10.010    Adoption of statutes.

6.10.020    Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

6.10.030    Statutes adopted.

6.10.070    Inhaling toxic fumes.

6.10.080    Poisons.

6.10.090    Drug-related loitering.

6.10.100    Drug forfeiture procedure adopted by reference.

6.10.110    Hearing.

6.10.120    Definitions.

6.10.010 Adoption of statutes.

The following state statutes are adopted by reference and wherever the word “title” or words “this title” are used therein the same shall be construed to mean and refer to RCW Title 66 and “this act” shall mean and refer to the Washington State Liquor Act:

RCW

66.04.010    Definitions.

66.20.200    Unlawful acts relating to card of identification and certification card.

66.20.210    Licensee’s immunity to prosecution or suit – Certification card as evidence of good faith.

66.20.300    Alcohol servers – Definitions.

66.20.310    Alcohol servers – Permits – Requirements – Suspension, revocation – Violations – Exemptions.

66.28.090    Licensed premises open to inspection – Failure to allow.

66.28.200    Keg registration – Special endorsement for grocery store license – Requirements of seller.

66.28.210    Keg registration – Requirements of purchaser.

66.28.220    Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful.

66.44.010    Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040    Sufficiency of description of offenses in complaints, informations, process, etc.

66.44.050    Description of offense in words of statutes – Proof required.

66.44.060    Proof of unlawful sale establishes prima facie intent.

66.44.070    Certified analysis is prima facie evidence of alcoholic content.

66.44.080    Service of process on corporation.

66.44.090    Acting without license.

66.44.100    Opening or consuming liquor in public place – Penalty.

66.44.120    Unlawful use of seal.

66.44.130    Sale of liquor by drink or bottle.

66.44.140    Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.

66.44.150    Buying liquor illegally.

66.44.160    Illegal possession, transportation of alcoholic beverages.

66.44.170    Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

66.44.175    Violations of law.

66.44.180    General penalties – Jurisdiction for violation.

66.44.200    Sales to persons apparently under the influence of liquor.

66.44.210    Obtaining liquor for ineligible person.

66.44.240    Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250    Drinking in public conveyance – Penalty against individual – Restricted application.

66.44.280    Minor applying for permit.

66.44.290    Minor purchasing liquor.

66.44.300    Treating minor, etc., in public place where liquor sold.

66.44.310    Minor frequenting tavern or cocktail lounge, misrepresentation of age.

66.44.320    Sales of liquor to minors a violation.

66.44.325    Unlawful transfer to a minor of an identification card.

66.44.328    Unlawful to transfer to a minor of a forged, altered, etc., identification card.

66.44.340    Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees.

66.44.350    Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees.

66.44.370    Resisting or opposing officers in enforcement of title.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 04-458, § 2, 2-3-04; Ord. No. 02-429, § 2, 11-19-02; Ord. No. 00-367, § 1, 3-21-00; Ord. No. 91-89, § 1(9.04.010), 3-5-91. Code 2001 § 6-36.)

6.10.020 Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

RCW 66.44.270 is hereby adopted by reference:

(1) It is unlawful 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. A violation of this subsection is a gross misdemeanor punishable as provided for in Chapter 9A.20 RCW.

(2) (a) It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in Chapter 9A.20 RCW.

(b) It is unlawful 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, 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 (2)(b) 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 subsection (4) or (5) of this section.

(3) Subsections (1) and (2)(a) 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.

(4) 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.

(5) This section does not apply to liquor given to a person under the 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.

(6) 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.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 99-362, § 1, 12-21-99. Code 2001 § 6-37.)

6.10.030 Statutes adopted.

The following state statutes are adopted by reference:

RCW

69.41.020    Prohibited acts – Information not privileged communication.

69.41.030    Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions.

69.41.040    Prescription requirements – Penalty.

69.41.050    Labelling requirements.

69.41.320    Practitioners – Restricted use – Medical records.

69.41.350    Penalties.

69.43.010    Report to state board of pharmacy – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.

69.43.020    Receipt of substance from source outside state – Report – Penalty.

69.43.030    Exemptions.

69.43.035    Suspicious transactions – Report – Penalty.

69.43.043    Recordkeeping requirements – Penalty.

69.43.090    Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.

69.43.105    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Exceptions – Penalty.

69.43.110    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalty.

69.43.120    Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.

69.43.170    Ephedrine, pseudoephedrine, phenylpropanolamine – Pilot project to record retail transactions – Penalty.

69.50.101    Definitions.

69.50.204    Schedule I.

69.50.309    Containers.

69.50.4013    Possession of controlled substance – Penalty.

69.50.4014    Possession of forty grams or less of marijuana – Penalty.

69.50.412    Prohibited acts: E – Penalties.

69.50.445    Opening or consuming package containing marijuana, useable marijuana, or marijuana-infused product in view of general public – Penalty.

69.50.505    Seizure and forfeiture.

69.50.506    Burden of proof.

69.50.509    Search and seizure of controlled substances.

(Ord. No. 13-741, § 3, 5-7-13; Ord. No. 12-732, § 1, 12-4-12; Ord. No. 09-601, § 10, 1-6-09; Ord. No. 05-508, § 1, 11-1-05; Ord. No. 04-463, § 2, 8-3-04; Ord. No. 04-458, § 3, 2-3-04; Ord. No. 02-429, § 4, 11-19-02; Ord. No. 99-362, § 2, 12-21-99; Ord. No. 91-89, § 1(9.14.010), 3-5-91. Code 2001 § 6-86.)

6.10.070 Inhaling toxic fumes.

The following state statutes are adopted by reference:

RCW

9.47A.010    Definition.

9.47A.020    Unlawful inhalation – Exception.

9.47A.030    Possession of certain substances prohibited, when.

9.47A.040    Sale of certain substances prohibited, when.

9.47A.050    Penalty.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 00-374, § 2, 9-19-00; Ord. No. 91-89, § 1(9.14.040), 3-5-91. Code 2001 § 6-89.)

6.10.080 Poisons.

The following state statutes are adopted by reference:

RCW

69.38.010    Poison defined.

69.38.020    Exceptions.

69.38.030    Poison register.

69.38.040    Poison register – Penalty for violations.

69.38.050    False representations.

69.38.060    License required.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.14.050), 3-5-91. Code 2001 § 6-90.)

6.10.090 Drug-related loitering.

(1) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW.

(2) Among circumstances which may be considered to determine whether such intent is manifested are:

(a) Such person is known to use, possess, or sell illegal drugs. For purposes of this title, a “person known to use, possess, or sell illegal drugs” is a person who has been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”;

(b) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity, including but not limited to acting as a “lookout”;

(c) Such person is physically identified by the officer as a member of a “gang” or association which has as its purpose illegal drug activity;

(d) Such person transfers small objects or packages for currency in a furtive fashion;

(e) Such person takes flight upon the appearance of a police officer;

(f) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;

(g) The area or premises involved is known by law enforcement to be an area of unlawful drug use and trafficking, known either by public reputation or by reports to law enforcement of suspected drug activity pursuant to Chapter 69.52 RCW;

(h) Any vehicle involved is registered to a person known to use, possess or sell illegal drugs, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor.

(Ord. No. 09-601, § 11, 1-6-09; Ord. No. 06-518, § 1, 3-7-06. Code 2001 § 6-91.)

6.10.100 Drug forfeiture procedure adopted by reference.

RCW 69.50.505 is hereby adopted by reference as Federal Way’s system of drug forfeitures.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 93-182, § 2, 7-20-93. Code 2001 § 2-251.)

6.10.110 Hearing.

RCW 69.50.505(e) is amended solely to provide the specific exception that the Federal Way chief of police shall designate a hearing examiner for forfeiture matters upon concurrence of the mayor.

(Ord. No. 10-669, § 61, 9-21-10; Ord. No. 93-182, § 3, 7-20-93. Code 2001 § 2-252.)

6.10.120 Definitions.

Terms in this chapter are defined according to Chapter 69.50 RCW, city ordinances, common law, or their ordinary meaning, in that order.

(Ord. No. 09-591, § 2, 1-6-09; Ord. No. 07-573, § 1, 12-4-07; Ord. No. 93-182, § 4, 7-20-93. Code 2001 § 2-253.)


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Cross references: Driving while under the influence of intoxicating liquor or drugs, FWRC 6.15.010; weapons prohibited on liquor sale premises, FWRC 6.25.030.