Chapter 5.42
MALT BEVERAGE KEGS

Sections:

5.42.010    Identification and records required.

5.42.020    Same – Obligation of purchaser.

5.42.030    Penalties.

*Prior legislation: Ordinance 1985.

5.42.010 Identification and records required.

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 that will hold four gallons of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall do the following for any transaction involving the container:

(1) Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage in substantially the form provided by the Washington State Liquor Control Board;

(2) Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;

(3) Require the purchaser to sign a sworn statement, under penalty of perjury, that:

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

(b) The purchaser will not allow any person under the age of 21 years to consume the beverage except as provided by RCW 66.44.270,

(c) The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification required by the laws of Washington to be affixed to the container;

(4) 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; and

(5) Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or the container, and in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser’s possession or control. (Ord. 2377 § 1, 1989).

5.42.020 Same – Obligation of purchaser.

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:

(1) Sign a declaration and receipt for the keg or other container or beverage in substantially the form required by the Washington State Liquor Control Board;

(2) Provide one piece of identification pursuant to RCW 66.16.040;

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

(4) Not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270;

(5) Not remove, obliterate, or allow to be removed or obliterated, the identification required under the rules of the Washington State Liquor Control Board;

(6) Not move, keep, or store the keg or its contents, except for transporting to and from the distributor, at any place other than that particular address declared on the receipt and declaration; and

(7) 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 a physical barrier from the keg, during the time that the keg or container is in the purchaser’s possession or control. (Ord. 2377 § 1, 1989).

5.42.030 Penalties.

(1) Except as provided in subsection (2) of this section, the violation of any of the provisions of this chapter is punishable by a fine of not more than $500.00.

(2) Except as provided in LMC 8.16.030, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a minor is liable, on conviction, for a first offense for a penalty of not more than $500.00, or for imprisonment for not more than two months, or both; for a second offense for a penalty of not more than $500.00, or imprisonment for not more than six months, or both; and for a third or subsequent offense for a penalty of not more than $500.00, or imprisonment for not more than one year, or both. (Ord. 2377 § 1, 1989).