Chapter 5.12
SALE OF INTOXICATING LIQUORS*
Sections:
5.12.010 Exercise of city power—Purpose—Construction.
5.12.030 Homemade beer and wine—Sale unlawful.
5.12.040 Unlawful possession of unsealed liquor.
5.12.050 Sales prohibited to intoxicated person.
5.12.070 Exemption of pharmaceutical preparations.
5.12.080 Licensed premises open to inspection.
5.12.110 Evidence—Proof of one unlawful sale.
5.12.120 Sale by drink or bottle prohibited.
5.12.130 Illegal purchase prohibited.
5.12.150 Possession of liquor with the intent to sell.
5.12.160 Washington State Liquor Act adopted.
* For statutory provisions authorizing cities of the second class to regulate the sale of liquors, see RCW 35.23.440(53); for provisions authorizing municipalities to adopt police ordinances regarding liquor not in conflict with state law, see RCW 66.08.120.
5.12.010 Exercise of city power—Purpose—Construction.
This chapter shall be deemed an exercise of the police power of the city as an aid to the enforcement of the Washington State Liquor Act, for the protection of the welfare, health, peace, morals and safety of persons in the city, and all its provisions shall be liberally construed for the accomplishment of this purpose. (Prior code § 9.12.010)
5.12.020 Definitions.
For the purposes of this chapter:
“Alcohol” means that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance.
“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 chapter any such beverage, including ale, stout and porter, containing more than four percent of alcohol by weight shall be referred to as strong beer.
“Board” means the liquor control board, constituted under the Washington State Liquor Act.
“Consume” includes the putting of liquor to any use, whether by drinking or otherwise.
“Dentist” means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state, pursuant to RCW Chapters 18.29 and 18.32.
“Imprisonment” means confinement in the city jail.
“Interdicted person” means a person declared an habitual drunkard pursuant to RCW 71.08.030—71.08.090, or a person to whom the sale of liquor is prohibited by an order of interdiction filed with the board pursuant to the Washington State Liquor Act.
“Liquor” includes the four varieties of liquor herein defined (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 or drinkable liquids and all preparations or 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.
“Malt liquor” means beer, strong beer, ale, stout and porter.
“Package” means any container or receptacle used for holding liquor.
“Permit” means a permit for the purchase of liquor under the Washington State Liquor Act.
“Person” means an individual, copartnership, association, or corporation.
“Physician” means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to RCW 18.71.010—18.71.030 and RCW 43.24.120.
“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 the Washington State Liquor Act, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garage 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 the unrestricted use and access by the public; publicly owned bathing beaches, parks and/or playgrounds; and all other places of like nature to which the general public has unrestricted right of access, and which are generally used by the public.
“Sale” and “sell” include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of 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 include a sale or selling within the state to a foreign consignee or his agent in the state.
“Spirits” means any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen percent of alcohol by weight.
“Wine” means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural produce containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than seventeen percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel, and angelica, not exceeding seventeen percent of alcohol by weight. (Prior code § § 9.12.020—9.12.180)
5.12.030 Homemade beer and wine—Sale unlawful.
Nothing in this chapter shall apply to wine or beer manufactured in any home for consumption thereon, but not for sale. (Prior code § 9.12.190)
5.12.040 Unlawful possession of unsealed liquor.
No liquor shall be kept or had by any person within the city of Shelton unless the package in which the liquor was contained had, while containing that liquor, been sealed with the official seal prescribed under this chapter, except in case of:
A. Liquor imported by the liquor control board; or
B. Liquor manufactured in the state for sale to the liquor control board or for export; or
C. Beer purchased in accordance with the provisions of this chapter; or
D. Wine, beer or liquor exempted in Section 5.12.020. (Prior code § 9.12.200)
5.12.050 Sales prohibited to intoxicated person.
No person shall sell any liquor to any person apparently under the influence of liquor. (Prior code § 9.12.230)
5.12.060 Ineligible persons.
Except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with the provisions of this chapter, no person shall procure or supply, or assist directly or indirectly in procuring or supplying, liquor for or to anyone whose permit is suspended or has been canceled. (Prior code § 9.12.250)
5.12.070 Exemption of pharmaceutical preparations.
Nothing in this chapter shall apply to or prevent the sale, purchase or consumption of any pharmaceutical preparation containing liquor which is prepared by a druggist according to a formula of the pharmacopoeia of the United States, or the dispensatory of the United States; or of any proprietary or patent medicine; or of wood alcohol or denatured alcohol, except in the case of the sale, purchase or consumption of wood alcohol or denatured alcohol for beverage purposes, either alone or combined with any other liquid or substance. (Prior code § 9.12.260)
5.12.080 Licensed premises open to inspection.
All licensed premises used in the manufacture, storage, or sale of liquor, or any premises or parts of premises used or in any way connected, physically or otherwise, with the licensed business, shall at all times be open to inspection by any police officer. Every person, being on any such premises and having charge thereof, who refuses or fails to admit a police officer demanding to enter therein in pursuance of this chapter in the execution of his duty, or who obstructs or attempts to obstruct the entry of such police officer, shall be guilty of a violation of this chapter. (Prior code § 9.12.270)
5.12.090 Describing offenses.
In describing the offense respecting the sale, or keeping for sale or other disposal of liquor, or the having, keeping, giving, purchasing or consumption of liquor in any information, summons, conviction, warrant, or proceeding under this chapter, it shall be sufficient to simply state the sale, or keeping for sale or disposal, having, keeping, giving, purchasing, or consumption of liquor, 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, had, kept, given, purchased or consumed, except in the case of offenses where the quantity is essential and then it shall be sufficient to allege the sale or disposal of more or less than such quantity. (Prior code § 9.12.280)
5.12.100 Proof—Complaint.
The description of any offense under this chapter, in the words of this chapter, or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by way of proviso or in the description of the offense in this chapter, may be proved by the defendant, but need not be specified or negatived in the complaint; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. (Prior code § 9.12.290)
5.12.110 Evidence—Proof of one unlawful 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. (Prior code § 9.12.300)
5.12.120 Sale by drink or bottle prohibited.
Every person who shall sell by the drink or bottle any liquor without having a valid license issued pursuant to the provisions of the Washington State Liquor Act, authorizing such person to sell such liquor, shall be guilty of a violation of this chapter. (Prior code § 9.12.310)
5.12.130 Illegal purchase prohibited.
If any person shall, in the city, buy alcoholic beverages from any person other than the board, the state liquor store or some person authorized under the provisions of the state liquor act to sell the same, or frequent a place where illegal liquor is sold, he shall be guilty of a violation of this chapter. (Prior code § 9.12.320)
5.12.140 Illegal possession.
Except as otherwise provided in this chapter, any person who shall have or keep alcoholic beverages other than that purchased from the board, the state liquor store or some person authorized under the provisions of the Washington State Liquor Act to sell the same, shall be guilty of a violation of this chapter. (Prior code § 9.12.330)
5.12.150 Possession of liquor with the intent to sell.
Any person who shall keep or possess liquor on premises conducted or maintained by him as principal or agent, with the intent to sell the same contrary to provisions of this chapter or the Washington State Liquor Act, shall be guilty of a violation of this chapter. The possession of liquor by such principal or agent on premises conducted or maintained, under federal authority, as a retail dealer in liquors, shall be prima facie evidence of the intent to sell liquor. (Prior code § 9.12.340)
5.12.160 Washington State Liquor Act adopted.
The provisions of the Washington State Liquor Act, being Chapter 62 of the laws of the extraordinary session of 1933 of the state of Washington (RCW Title 66), as amended, be, and said act is, adopted in toto by reference, to the same effect as though the reference be set forth in detail herein and insofar as the same may be applicable and subject to adoption by the city of Shelton, and three copies of said act shall be left on file with the city treasurer-clerk. (Prior code § 9.12.350)
5.12.170 Violation—Penalty.
Every person guilty of a violation of this chapter for which no penalty has been specifically provided shall be liable on conviction, for a first offense to a penalty of not more than three hundred dollars, or to imprisonment for not more than two months, with or without hard labor, or both; for a second offense to imprisonment for not more than six months, with or without hard labor; and for a third or subsequent offense to imprisonment for not more than one year, with or without hard labor. If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than two thousand dollars, and for a second and subsequent offense to a penalty of not more than three thousand dollars. (Prior code § 9.12.370)