III. Offenses Against Public Decency

Chapter 9.12
ALCOHOLIC BEVERAGES

Sections:

9.12.010    Alcoholic Beverage Control Act adopted.

9.12.015    Furnishing liquor to minors—Possession and use.

9.12.016    Minor frequenting taverns.

9.12.018    Minor purchasing liquor.

9.12.020    Violation—Penalty.

9.12.010 Alcoholic Beverage Control Act adopted.

The Alcoholic Beverage Control Act, being Title 66 of the Revised Code of Washington, is adopted by reference, together with amendments hereof or additions thereto. (Ord. 140 § 1, 1970)

9.12.015 Furnishing liquor to minors—Possession and use.

A.    It is unlawful for any person to sell, give or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or in any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings and other structures, and motor vehicles and watercraft.

B.    It is unlawful for any person under the age of twenty-one years to possess, consume or otherwise acquire any liquor.

C.    It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, “exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath and either:

1.    Is in position of or close proximity to a container that has or recently had liquor in it; or

2.    By speech, manner, appearance, behavior, lack of coordination or otherwise exhibits that he or she is under the influence of liquor.

This subsection does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (E) or (F) of this section.

D.    Subsections (A) and (B)(1) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one 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 twenty-one years on any premises licensed under Chapter 66.24 RCW.

E.    This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician or dentist.

F.    This section does not apply to liquor given to a person under the age of twenty-one 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. (Ord. 97-844 § 23, 1997: Ord. 578 § 1, 1986)

9.12.016 Minor frequenting taverns.

Except as provided in RCW 66.44.316 and 66.44.350, it is a misdemeanor:

A.    To serve or allow to remain in any area classified by the Washington State Liquor Control Board as off-limits to any person under the age of twenty-one years;

B.    For any person under the age of twenty-one years to enter or remain in any area classified as off-limits to such a person, but persons under twenty-one years of age may pass through a restricted area in a facility holding a Class H club license;

C.    For any person under the age of twenty-one years to represent his or her age as being twenty-one or more years for the purpose of purchasing liquor or securing admission to, or remaining in any area classified by the Washington State Liquor Control Board as off-limits to such a person. (Ord. 97-844 § 25, 1997)

9.12.018 Minor purchasing liquor.

Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this section. (Ord. 97-844 § 26, 1997)

9.12.020 Violation—Penalty.

Every person guilty of a violation of this chapter or of RCW Title 66 for which no penalty has been specifically provided 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 three hundred sixty-four days. If the offender convicted of an offense referred to in this chapter 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 forfeiture of its corporate license or both. (Ord. 11-13 § 2, 2011: Ord. 97-844 § 27, 1997: Ord. 453 § 8, 1982; Ord. 140 § 2, 1970)