Chapter 9.07
LIQUOR REGULATIONS
Sections:
9.07.010 Incorporation by reference.
9.07.020 Construction of chapter provisions.
9.07.060 Sale, purchase, possession or consumption of liquor at Veterans Memorial Golf Course.
9.07.065 Sale, purchase, possession or consumption of liquor at Borleske Stadium.
9.07.090 Violations – Penalties.
9.07.010 Incorporation by reference.
The following statutes relating to alcohol, as amended, are adopted by reference as and for an ordinance of the city as if set forth in full in this chapter:
RCW 66.04.010, 66.04.011, 66.04.021, 66.44.010, 66.44.040, 66.44.050, 66.44.060, 66.44.070, 66.44.080, 66.44.090, 66.44.100, 66.44.120, 66.44.130, 66.44.150, 66.44.160, 66.44.170, 66.44.175, 66.44.180, 66.44.200, 66.44.210, 66.44.240, 66.44.250, 66.44.265, 66.44.270, 66.44.280, 66.44.290, 66.44.300, 66.44.310, 66.44.316, 66.44.318, 66.44.325, 66.44.328, 66.44.340, 66.44.350, 66.44.365, and 66.44.370. (Ord. 2015-13 § 3, 2015: Ord. 94-34 § 1 (part), 1994).
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. 94-34 § 1 (part), 1994).
9.07.050 Opening package – Possession of opened package – Consuming liquor in public park prohibited – Exception.
Except as authorized at Veterans Memorial Golf Course in Section 9.07.060 and Borleske Stadium in Section 9.07.065, or 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 fieldhouse or 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 or fieldhouse 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 special permit or license shall be obtained prior to the activity, in compliance with the Washington State Liquor Act, RCW Title 66.
C. The possession and consumption of liquor shall be limited solely to beer and wine in the parks; any variety of liquor may be possessed and consumed within the fieldhouses.
D. Entities eligible to conduct an activity in the fieldhouses or 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 ten a.m. and dusk daily, from May 1st to September 30th of a given calendar year, except as otherwise specifically authorized by the parks and recreation director for the city; activities involving the consumption of liquor in fieldhouses shall be permitted daily, with hourly limitations as specified by state law.
F. The area of a fieldhouse or park to be used by any entity shall be so designated by the parks and recreation director.
G. A damage and cleanup deposit not to exceed two hundred fifty dollars in cash, as established by the parks and recreation director 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 or fieldhouse 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, and the sponsoring entity shall be responsible for all fees and associated costs.
M. The sponsoring entity shall hold harmless, defend, and indemnify the owner(s) and lessor(s) of the park(s) and fieldhouse(s), its agents, and employees against all claims, of any kind whatsoever, arising out of the sale, purchase, possession, or consumption of liquor at the park(s) or fieldhouse(s). (Ord. 2015-13 § 4, 2015: Ord. 2009-26 § 3, 2009: Ord. 94-34 § 1 (part), 1994).
9.07.060 Sale, purchase, possession or consumption of liquor at Veterans Memorial Golf Course.
No person, group or organization shall open a package containing liquor, or possess an opened package containing liquor, or consume liquor on the grounds of Veterans Memorial Golf Course unless such liquor has been purchased from the person or entity holding the exclusive food and drink concession for said golf course (hereinafter “concessionaire”) and only in compliance with the following terms and conditions:
A. The sale, purchase, possession and consumption of liquor shall be limited solely to beer and wine.
B. Beer and wine may be sold and consumed on the golf course grounds only between the hours of nine a.m. and dusk.
C. The concessionaire shall be bound by all state and local laws, rules and regulations applying to the sale, purchase, possession and consumption of liquor, including but not limited to the restrictions against the sale, purchase, possession and consumption of liquor by minors.
D. The concessionaire, the golf professional and the golf course superintendent or their appointed agents shall have the right to inspect any and all coolers, other containers or property brought onto the golf course to ensure that they contain only beer or wine sold by the concessionaire. Any beer or wine found on the golf course and determined not to have been sold by the concessionaire, or any unauthorized liquor, shall be immediately seized and disposed of by the person conducting the inspection.
E. The concessionaire shall monitor and police the activity to guarantee that all laws, rules, regulations and conditions are strictly being complied with and in force.
F. The concessionaire shall hold harmless, defend and indemnify the owner(s) and lessor(s) of Veterans Memorial Golf Course, its agents, and employees against all claims, of any kind whatsoever, arising out of the sale, purchase, possession or consumption of liquor at Veterans Memorial Golf Course. (Ord. 2009-26 § 4, 2009: Ord. 94-34 § 1 (part), 1994).
9.07.065 Sale, purchase, possession or consumption of liquor at Borleske Stadium.
No person, group or organization shall open a package containing liquor, or possess an opened package containing liquor, or consume liquor on the grounds of Borleske Stadium unless such liquor has been purchased from the person or entity holding the exclusive food and drink concession for said stadium (hereinafter “concessionaire”) and only in compliance with the following terms and conditions:
A. The concessionaire must possess a sport/entertainment facility license as required by the Washington State Liquor Act, RCW Title 66, and an operating plan approved by the Washington State Liquor Control Board.
B. The sale, purchase, possession and consumption of liquor shall be limited solely to beer and wine.
C. Beer and wine may be sold and consumed only inside the stadium grounds and shall not be allowed in parking lots.
D. The concessionaire shall be bound by all state and local laws, rules and regulations applying to the sale, purchase, possession and consumption of liquor, including but not limited to restrictions against the sale, purchase, possession and consumption of liquor by minors.
E. The concessionaire shall possess authority, at its sole cost and expense, to implement the operating plan approved by the Washington State Liquor Control Board.
F. The concessionaire, the sporting event host, and the event staff and security shall have the right to inspect any and all containers or property brought into the stadium to ensure that they contain only beer or wine sold by the concessionaire. Any beer or wine found in the stadium and determined not to have been sold by the concessionaire, or any unauthorized liquor, shall be immediately seized and disposed of by the person conducting the inspection.
G. The concessionaire shall monitor and police the activity to guarantee that all laws, rules, regulations and conditions are strictly being complied with and in force.
H. The concessionaire shall hold harmless, defend and indemnify the owner(s) and lessor(s) of Borleske Stadium, their agents, and employees against all claims, of any kind whatsoever, arising out of the sale, purchase, possession, or consumption of liquor at Borleske Stadium. (Ord. 2009-26 § 5, 2009).
9.07.090 Violations – Penalties.
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, and shall be subject to the penalties set forth in the Washington State Liquor Act.
B. Whenever this chapter refers to the Washington State Liquor Act, it means RCW Title 66, as amended or as it hereafter may be amended.
C. Every person violating Section 9.07.050, 9.07.060, or 9.07.065 shall be guilty of a misdemeanor and shall be liable, on conviction, for a first offense to a penalty of not more than five hundred dollars, or to imprisonment for not more than two months, or both; for a second offense to imprisonment for not more than six months; and for a third or subsequent offense, to imprisonment for not more than one year. 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 five thousand dollars, and for a second or subsequent offense to a penalty of not more than ten thousand dollars or to a forfeiture of its corporate license, or both. (Ord. 2015-13 § 5, 2015: Ord. 94-34 § 1(part), 1994).