Chapter 9.07
LIQUOR REGULATIONS
Sections:
9.07.010 Definitions – Statutory authority.
9.07.020 Construction of chapter provisions.
9.07.030 License required for sale or manufacture – Violations.
9.07.040 Possession of unlicensed liquor prohibited – Exceptions.
9.07.070 Liquor sales – To intoxicated persons prohibited.
9.07.080 Furnishing liquor to minors – Possession – Use – Exceptions.
9.07.090 Washington State Liquor Act – Defined – Violation – Penalty.
9.07.010 Definitions – Statutory authority.
Definitions contained in RCW 66.04.010 shall be applicable to this chapter. (Ord. 2006-4 § 1, 2006).
9.07.020 Construction of chapter provisions.
This chapter shall be deemed an exercise of the police power of the city to aid in the enforcement of the Washington State Liquor Act, RCW Title 66, for the protection of the welfare, health, peace, morals and safety of the people of the city, and all its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 2006-4 § 1, 2006).
9.07.030 License required for sale or manufacture – Violations.
It is unlawful for any person to manufacture or sell liquor without having first obtained a license as provided by RCW 66.24.010 through 66.24.150 and 66.40.010, and any person doing any act required to be licensed under said Washington State Liquor Act without having in force a license issued to him under the provisions of said act shall be deemed guilty of a violation of this chapter. (Ord. 2006-4 § 1, 2006).
9.07.040 Possession of unlicensed liquor prohibited – Exceptions.
A. No liquor shall be kept or had by any person within the limits of the city unless the package in which the liquor was contained had, while containing that liquor, been sealed with the official seal prescribed under the Washington State Liquor Act, except in case of:
1. Liquor imported by the State Liquor Control Board;
2. Liquor manufactured in the state for sale to the State Liquor Control Board, or for export;
3. Beer purchased in accordance with the provisions of the Washington State Liquor Act; or
4. Wine, beer or liquor exempted in RCW 66.12.010.
B. No retail licensee, except bona fide clubs licensed to dispense beer and/or wine, shall have, keep or possess, in or upon the licensed premises, any liquor other than that permitted by his license. It is unlawful for any club to have, keep, sell, store, dispense or permit to be consumed upon its premises any intoxicating liquor other than beer or wine, when duly licensed therefor, unless its premises or the person, firm or corporation owning or operating the same shall have a valid and subsisting Class H license as issued under the laws of the state and the rules and regulations of the Washington State Liquor Control Board. (Ord. 2006-4 § 1, 2006).
9.07.050 Opening package – Possession of opened package – Consuming liquor in public place prohibited – Exception.
Except as permitted by the Washington State Liquor Act, RCW Title 66, and as set forth in this section, no person, group or organization shall open a package containing liquor, or possess an opened package containing liquor, or consume liquor in a public place, nor in a park owned or operated by the city without complying in full with the following terms and conditions:
A. Permission to conduct an activity in a park owned and operated by the city involving the consumption of liquor shall first be obtained from the parks and recreation director for the city.
B. A banquet permit shall be obtained from the state liquor store prior to the activity, in compliance with RCW 66.20.010(3).
C. The consumption of liquor, as defined by RCW 66.04.010(15), shall be limited solely to beer and wine in the parks.
D. Entities eligible to conduct an activity in the parks involving the consumption of liquor shall be limited to responsible persons, groups or organizations as determined by the city.
E. Activities involving the consumption of liquor in parks shall be permitted only between the hours of 10:00 a.m. and dusk daily, from May 1st to September 30th of a given calendar year, except as otherwise specifically authorized by the city council.
F. The area of a park to be used by any entity shall be so designated by the parks and recreation director.
G. A damage and cleanup deposit, as established by the city manager on a case-by-case basis, shall be paid to and held by the city and used for repairs and cleanup following the activity required beyond normal maintenance, with the deposit to be refunded in full to the sponsoring entity if no such repairs or cleanup are required by the city.
H. The sponsoring entity shall be bound by all state and local laws, rules and regulations applying to the consumption of liquor including, but not limited to, public drunkenness and consumption of liquor by minors.
I. Members and guests of the sponsoring entity shall not offend other park users.
J. Access to the liquor shall be limited exclusively to the entity and its invited guests.
K. The sponsoring entity shall itself monitor and police the activity to guarantee that all laws, rules, regulations and conditions are strictly being complied with and in force.
L. The sponsoring entity shall make any requests for additional tables, trash cans or other related items other than those normally located within the authorized area at least two weeks in advance of the scheduled activity. (Ord. 2006-4 § 1, 2006).
9.07.070 Liquor sales – To intoxicated persons prohibited.
No person shall sell or give liquor to any person apparently under the influence of liquor. (Ord. 2006-4 § 1, 2006).
9.07.080 Furnishing liquor to minors – Possession – Use – Exceptions.
A. It is unlawful for any person to sell, give or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control.
B. It is unlawful for any person under the age of 21 years to possess, consume or otherwise acquire any liquor within the city.
C. This section does not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW.
D. This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician or dentist.
E. This section does not apply to liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.
F. Conviction or forfeiture of bail for a violation of this section by a person under the age of 21 years at the time of such conviction or forfeiture shall not disqualify that person to acquire a license or sell or dispense any liquor after that person has attained the age of 21 years. (Ord. 2006-4 § 1, 2006).
9.07.090 Washington State Liquor Act – Defined – Violation – Penalty.
A. Any violation of the Washington State Liquor Act, as amended or as it hereafter may be amended, shall be a violation of this chapter.
B. Whenever this chapter refers to the Washington State Liquor Act, it means “Washington State Liquor Act, as amended or as it hereafter may be amended.”
C. Every person violating this chapter shall be guilty of a misdemeanor and punishable as provided in TMC 9.05.070. (Ord. 2006-4 § 1, 2006).
9.07.100 Hours of operation.
No tavern or lounge or employee thereof, or any retailer or employee thereof, shall sell, offer for sale, serve or allow to be consumed upon the premises any liquor, including alcohol, spirits, wine and beer, as defined in RCW Title 66, nor permit the removal of any such liquor from the premises in any manner whatsoever on any day between the hours of 2:00 a.m. until 8:00 a.m. (Ord. 2006-4 § 1, 2006).