Chapter 5.34
MALT LIQUOR BY THE KEG
Sections:
5.34.030 Declaration and receipt.
5.34.010 Seller’s duties.
Any person who sells or offers for sale the contents of kegs or other containers containing six gallons or more of malt liquor, or leases kegs or other containers which will hold six gallons of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall do the following for any transaction involving said container:
(1) Require the purchaser of the malt liquor to sign declaration and receipt for the keg or other container and/or beverage in substantially the form provided herein;
(2) Require the purchaser to provide two pieces of identification, one of which is a motor vehicle operator’s license, Washington State identification card, or military identification card;
(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) That the purchaser will not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270,
(c) That the purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification number 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;
(5) Affix to each keg or container a numbered label, hereafter referred to as the identification number;
(6) Record the identification number, and any other number appearing on the keg or container, or any declaration or receipt of purchase;
(7) Retain the original copy of the declaration and receipt for a period of one year for inspection by any law enforcement agency. Such inspection shall be allowed upon request of a law enforcement officer having a reasonable belief that a violation of this chapter or related alcohol enforcement laws has or will occur;
(8) Provide a copy of the declaration and receipt to the purchaser;
(9) 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 and/or control. (Ord. 1462, 1986).
5.34.020 Purchaser’s duty.
Any person who purchases the contents of kegs or other containers containing six gallons or more of malt liquor, or purchases or leases the container shall:
(1) Be of legal age to purchase, possess or use malt liquor;
(2) Not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270;
(3) Not remove, obliterate, or allow to be removed or obliterated, the numbered label affixed to the container;
(4) 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;
(5) Maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, and 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 and/or control. (Ord. 1462, 1986).
5.34.030 Declaration and receipt.
The form of the declaration and receipt required herein shall be substantially in the following form and shall require the information contained in the following form:
RECEIPT FOR SALE OF MALT LIQUOR IN KEGS OR CONTAINERS TO UNLICENSED PERSONS
Date of Sale ______ Invoice No. _______
Keg Identification Number(s) __________
Brand __________ Keg Capacity ______
No. of Kegs _____ Total Gallons _______
Name of Purchaser _________________
Address __________________________
Address or location where keg
will be located: _____________________
Motor Vehicle Operator’s License No. ___
Washington State Identification Card ____
Other Identification __________________
I declare under penalty of perjury 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) except as provided by RCW 66.44.270, and that I will not remove or obliterate the numbered identification label affixed to the container.
__________________________
Signature of Purchaser
Identity of Seller ____________________
Address of Licensed Premises _________
NOTICE
It is unlawful for any person under the age of twenty-one (21) years to acquire in any manner, consume or have in his or her possession, any intoxicating liquor, provided that the foregoing shall not apply in the case of liquor given or permitted to be given to such person under the age of twenty-one (21) years by his parent or guardian for beverage or medicinal purposes in the home or administered to him by his physician or dentist for medicinal purposes. A person who signs this receipt with knowledge that any information in the receipt is false commits perjury. Violations of any of the provisions of the Marysville Municipal Code which require this statement and these terms is a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
(Ord. 1462, 1986).
5.34.040 Penalty.
The violation of any provisions 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 such fine and imprisonment. (Ord. 1462, 1986).