Chapter 9.36
LIQUOR OFFENSES

9.36.000    Chapter Contents

Sections:

9.36.010    Purpose and interpretation.

9.36.020    Definitions.

9.36.030    Disposition of liquor.

9.36.035    Sales to persons apparently under the influence of liquor.

9.36.040    General regulations.

9.36.050    Frequenting places where liquor unlawfully kept or disposed of.

9.36.060    Seized liquor to be turned over to the Board.

9.36.070    Prosecution--Description of offense.

9.36.080    Pleading particulars of offense.

9.36.090    Prosecution--Proof of sale.

9.36.100    Exemptions.

9.36.010 Purpose and interpretation

This chapter shall be deemed an exercise of the police power of the city, pursuant to RCW 66.08.120, as an aid to the enforcement of the Washington State Liquor Act (Chapter 62, Laws of 1933, Extraordinary Session), RCW Title 66, and all of its provisions shall be liberally construed for the accomplishment of that purpose.

(Ord. 3957 §9(A), 1976).

9.36.020 Definitions

In this chapter, unless the context otherwise requires:

A.    "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by fermentation or distillation of grain, starch, molasses, or sugar or other substances, including dilutions and mixtures of the substance.

B.    "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than four percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage, including ale, stout and porter, containing more than four percent of alcohol by weight shall be referred to as "strong beer."

C.    "Board" means the Liquor Control Board, constituted under the Washington State Liquor Act.

D.    "Consumed" includes the putting of liquor to any use, whether drinking or otherwise.

E.    "Dentist" means a practitioner of dentistry, duly and regularly licensed and engaged in the practice of his profession within the state pursuant to RCW Chapter 18.32.

F.    "Imprisonment" means confinement in the city jail.

G.    "Liquor" includes the four varieties of liquor defined in this section (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks that are drinkable liquids and all preparations of mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.

H.    "Malt liquor" means beer, strong beer, ale, stout, and porter.

I.    "Package" means any container or receptacle used for holding liquor.

J.    "Permit" means a permit for the purchase of liquor under the Washington State Liquor Act.

K.    "Person" means individual, copartnership, association or corporation.

L.    "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to RCW 18.29.010 and RCW Chapter 18.71.

M.    "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to the Washington State Liquor Act for medicinal purposes.

N.    "Public place" includes streets and alleys; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

O.    "Regulation" means regulations made by the Board under the Washington State Liquor Act, RCW Title 66.

P.    "Sale" and "sell" includes exchanges, barter, and traffic, and also includes selling or supplying or distributing, by any means whatsoever, liquor, or any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person, and also includes a sale or selling within the state to a foreign consignee or his agent in the state.

Q.    "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen percent alcohol by weight.

R.    "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural products containing sugar, to which any saccharin substances may have been added before, during or after fermentation, and containing not more than seventeen percent alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding seventeen percent alcohol by weight.

(Ord. 3957 §9(B), 1976)

9.36.030 Disposition of liquor

It is unlawful to manufacture, sell, possess, consume, give away, use, procure for another, solicit for, import, transport or otherwise dispose of any liquor except as authorized or permitted by the provisions of RCW Title 66, as amended.

(Ord. 4225 §5, 1980; Ord. 3957 §9(D), 1976).

9.36.035 Sales to persons apparently under the influence of liquor

A.    No person shall sell any liquor to any person apparently under the influence of liquor.

B.    A violation of this section is a gross misdemeanor.

(Ord. 5164 §10, 1991).

9.36.040 General regulations

A.    No window blinds, screens, shades, paint or other obstructions shall be placed or maintained, during open or closed hours, on any window or opening of the salesroom of any licensed premises, preventing a clear, uninterrupted view of the interior of the premises from the street.

B.    No licensee shall conduct an establishment where booths are a part of the equipment unless they are open at one end and are without doors, curtains or other obstructions.

C.    All licensed premises used in the manufacture, storage or sale of liquor shall be at all times open to inspection by any authorized inspector of the Board or peace officer of the city.

D.    Licensed premises must always be equipped with safe drinking water, equipment for proper sterilization of eating and drinking utensils and a method for the sanitary disposal of sewage as provided for in the rules and regulations of the Washington State Board of Health, which are, by reference, made a part of this chapter.

E.    It is unlawful for any person, partnership, firm or corporation within the corporate limits of the city to sell, loan, give or deliver gasoline or other motor vehicle fuel to any person apparently in a state of intoxication.

(Ord. 3957 §9(E), 1976).

9.36.050 Frequenting places where liquor unlawfully kept or disposed of

It is unlawful for any person to frequent or be found in any place where intoxicating liquors are being unlawfully kept or disposed of.

(Ord. 3957 §9(F), 1976).

9.36.060 Seized liquor to be turned over to the Board

In every case in which liquor is seized by a police officer of the city, it shall be the duty of the chief of police of this city to report in writing to the Board the particulars of such seizure, and to deliver immediately such liquor to the Board at such place as may be designated by it.

(Ord. 3957 §9(G), 1976).

9.36.070 Prosecution –Description of offense

The description of any offense under this chapter in the language of this chapter or of the Washington State Liquor Act, or any language of like effect, so far as the same may be applicable shall be sufficient in law, and any exception, provision, excuse for qualification, whether it occurs by way of provision or in the description of the essence in this chapter, or in the Washington State Liquor Act, may be proved by the defendant but need not be specified or negatived.

(Ord. 3957 §9(H), 1976).

9.36.080 Pleading particulars of offense

In describing any offense respecting the manufacture, sale, possession, consumption, gift, use, procurement for another, solicitation for or other disposal of any liquor, in any complaint, summons, convictions warrant or proceeding under this chapter, it shall be sufficient to state the same without stating the name or kind of such liquor or the price thereof, or to whom it was sold or disposed of, or by whom consumed, or from whom it was purchased or received; and it shall not be necessary to state the quantity of liquor so sold, kept for sale, disposed of, kept, given, purchased, or consumed, except in the case of the offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal more or less than such quantity.

(Ord. 3957 §9(I), 1976).

9.36.090 Prosecution –Proof of sale

In any proceeding under this chapter, proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or purpose of unlawfully keeping liquor for sale in violation of this chapter.

(Ord. 3957 §9(J), 1976).

9.36.100 Exemptions

Nothing in this chapter shall apply to wine or beer manufactured in any home for consumption therein, and not for sale.

(Ord. 3957 §9(C), 1976).