Chapter 5.05
SALE AND DISTRIBUTION OF MALT LIQUOR

Sections:

5.05.010    Definitions.

5.05.020    Seller’s responsibilities.

5.05.030    Purchaser’s duty.

5.05.040    Declaration and receipt.

5.05.050    Violation – Penalty.

5.05.010 Definitions.

“Malt liquor” includes, but is not limited to, beer, strong beer, ale, stout and porter. [Ord. 2-86 § 1]

5.05.020 Seller’s responsibilities.

Any person who sells or offers for sale the contents of kegs or any other container containing four gallons or more of malt liquor, or leases kegs or other containers which hold four gallons or more of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW, as now or hereafter amended shall:

(1) Require the purchaser to sign a receipt in triplicate for the keg or container or the contents thereof and provide the following:

(a) Two pieces of identification, one of which is a motor vehicle operator’s license or a Washington State Identification Card;

(b) The particular address where the keg or container will be physically located and consumed;

(c) A sworn statement, under penalty of perjury, that:

(i) The purchaser is of legal age to purchase, possess, or use malt liquor,

(ii) The purchaser will not allow any person under the age of 21 years to consume the beverage, except as provided in RCW 66.44.270, as now or hereafter amended,

(iii) The purchaser will not remove or obliterate or allow to be removed or obliterated, the identification number label affixed to the container or keg.

(2) Record the identification of the keg or container in the following manner for the purpose of tracing the item if the contents are consumed in violation of this chapter:

(a) Affix to each keg or container a numbered label, hereafter referred to as the identification number;

(b) Record the serial number of the keg or container and the identification number on the receipt.

(3) The original copy of the receipt shall be retained for a period of 90 days, subject to inspection by the Jefferson County sheriff’s department. A second copy of the receipt shall be provided to the purchaser, and the third copy of the receipt shall be provided to the Jefferson County sheriff’s department within seven days of the date of purchase.

(4) Notify the Jefferson County sheriff’s department immediately in the event a keg or container purchase exceeds 16 gallons or more of malt liquor to one purchaser. The seller will provide the purchaser’s name, address and driver’s license number to the Jefferson County sheriff department. [Ord. 2-86 § 2]

5.05.030 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 a keg or container which holds four or more gallons of malt liquor shall:

(1) Be of legal age to purchase, possess or use malt liquor;

(2) Not allow any person under the age of 21 years to consume the beverage except as provided in RCW 66.44.270, as now or hereafter amended;

(3) Not remove, obliterate, or allow to be removed or obliterated, the numbered label affixed to the container;

(4) Not remove, keep or store the keg or its contents except for transporting to and from the retailer, at any place other than that particular address declared on the receipt and declaration. [Ord. 2-86 § 3]

5.05.040 Declaration and receipt.

The form of the declaration and receipt required herein shall be substantially in the following form:

RECEIPT FOR SALE OF MALT LIQUOR

TAVERN OR STORE: _____ DATE:    ____

SELLER:    __________________________

NAME OF PURCHASER:    ____________

ADDRESS OF PURCHASER:    _________

DRIVER’S LICENSE #:    ______________

KEG IDENTIFICATION #:    ____________

SERIAL #:    _________________________

NO. OF KEGS SOLD:    _______________

TOTAL GALLONS:    __________________

BRAND:    __________________________

ADDRESS OR LOCATION WHERE KEG WILL BE HOUSED AND CONSUMED:

_________________________________

_________________________________

I declare under penalty of perjury that the information provided in this receipt is true and correct and that I am over the legal age to purchase, possess, or use malt liquor; that I will not allow the malt liquor purchased and identified by this receipt to be consumed by any person who is under the age of twenty-one (21) years except as provided by RCW 66.44.270, as now or hereafter amended; and that I will not remove or obliterate or allow to be removed or obliterated the numbered identification label affixed to the container or keg.

PURCHASER SIGNATURE:

_________________________________

[Ord. 2-86 § 4]

5.05.050 Violation – Penalty.

The violation of any provision of this chapter shall be a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment not to exceed six months, or both. [Ord. 2-86 § 5]