Chapter 9.44
ALCOHOLIC BEVERAGES1
Sections:
9.44.010 Exercise of police power.
9.44.030 License required to sell.
9.44.040 Acting without necessary license unlawful.
9.44.050 Possession of contraband liquor.
9.44.060 Manufacture – Operating still.
9.44.070 Purchase, possession, or consumption by minors prohibited.
9.44.090 Procuring liquor for ineligible person prohibited.
9.44.100 Taking orders for liquor prohibited.
9.44.110 Use of false or fraudulent identification.
9.44.120 Public consumption prohibited.
9.44.150 Allegation of violation.
9.44.160 Violation – Penalties.
9.44.010 Exercise of police power.
This chapter is in exercise of the police power of the city of West Richland as an aid to the enforcement of the liquor control statutes of the state of Washington and shall be liberally construed for that purpose. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.010, 1977].
9.44.020 Definitions.
When used in this chapter, the following words or phrases shall have the meaning given for them in this section, unless the context clearly requires a different meaning:
“Board” means the State Liquor Control Board or its successor agency.
“Licensed premises” means any place in which liquor is legally sold for consumption on the premises. It includes all parts of the premises to which the general public, or, in the case of a club, the membership thereof, is ordinarily admitted and in which liquor is served, and any part of the premises in which liquor is stored or prepared. It excludes portions of the premises from which the general public is excluded (or, in the case of a club, from which members of the club are excluded) and in which liquor is not stored or prepared.
“Liquor” means any substance, whether liquid, semisolid, or solid, that contains more than one percent of ethyl alcohol by weight.
“Person” includes any natural person, and any partnership, firm, association, or corporation, whether acting as agent or principal.
“Public place” includes: streets and alleys; buildings and grounds used for school purposes; public dance halls and adjacent grounds; any part of any of the following to which the public is permitted unrestricted access and which is usually open to and generally used by the public: places in which beer may be sold under RCW Title 66, soft drink establishments, public buildings, public meeting halls, theaters, stores, garages, filling stations, and the lobbies, halls, and dining rooms of hotels; public conveyances of any kind, and the depots and waiting rooms used in conjunction therewith; publicly owned bathing pools, parks, or playgrounds; and any other places similar to or like any of the foregoing to which the public is permitted unrestricted access and which is usually open to and generally used by the public.
“Sell” includes exchange, barter, and traffic; and also includes the selling or supplying or distributing, by any means whatsoever, to any person, including a sale or selling within the city to a foreign consignee or his agent in the city.
“Spirits” means any beverage that contains ethyl alcohol obtained by distillation and any beverage that contains more than 17 percent of ethyl alcohol by weight. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.020, 1977].
9.44.030 License required to sell.
A. No person shall offer to sell, or possess or keep with intent to sell, any liquor unless he is duly licensed by the State Liquor Control Board to sell the same at the time and place where sold, offered, possessed or kept, and licensed to sell such liquor to a class of person to which any person to whom he sells or offers to sell belongs.
B. The possession of spirits in a place not licensed to sell spirits but licensed to sell other liquor shall be presumptive evidence that the spirits are kept for the purpose of sale.
C. The possession of liquor by a principal or an agent on premises registered with the Federal District Director of Internal Revenue as a place at which any branch of retail liquor trade is conducted shall be presumptive evidence of intent of such person to sell liquor at such place. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.030, 1977].
9.44.040 Acting without necessary license unlawful.
It is unlawful for any person to do any act for which a license is required by RCW Title 66 or by any regulation of the board without having such license. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.040, 1977].
9.44.050 Possession of contraband liquor.
Except as permitted by statute or by the board, no liquor shall be kept or had by any person unless the package containing the liquor has been sealed with the official seal of the board at a time in which the package contained that liquor. This provision shall not apply to liquor manufactured for home consumption or kept for personal use and not for sale. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.050, 1977. Formerly 9.44.070].
9.44.060 Manufacture – Operating still.
Except as permitted by statute, no person shall manufacture liquor except for home consumption. No person shall operate any still for the manufacture of liquor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.060, 1977. Formerly 9.44.080].
9.44.070 Purchase, possession, or consumption by minors prohibited.
A. Except in the case of liquor given or permitted to be given to a person under the age of 21 years by his or her parent or guardian for beverage or medicinal purposes, or administered to him or her by his or her physician or dentist for medicinal purposes, or used in connection with religious services, no person shall 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. No person under the age of 21 years shall knowingly acquire or knowingly have in his or her possession or purchase, drink, or consume liquor, except in the case of liquor given or permitted to be given to such person as provided in subsection A of this section.
C. No person under the age of 21 years shall attempt to obtain any liquor contrary to the provisions of this section.
D. It is unlawful for any person under the age of 21 years to be or remain in any public place after having consumed liquor as evidenced by:
1. The odor of intoxicants on the breath; or
2. Observations by the officer through other sense perception; except in the case of liquor given or permitted to be given to a person under the age of 21 years as provided in subsection A of this section. “Public place or places” is defined in RCW 66.04.010(35). Any person under the age of 21 years who is found to have consumed liquor shall be presumed to have consumed the same within the city limits of the city of West Richland. [Ord. 10-21 § 2, 2021; Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.070, 1977. Formerly 9.44.090].
9.44.080 Other illegal sales.
No person shall sell liquor to any person apparently intoxicated. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.080, 1977. Formerly 9.44.100].
9.44.090 Procuring liquor for ineligible person prohibited.
Except in the case of liquor administered by a physician or dentist or sold upon prescription in accordance with RCW Title 66, no person shall procure, supply, or assist directly or indirectly in procuring or supplying liquor for or to anyone whose right to purchase liquor is suspended or has been canceled or who for any other reason is forbidden by law to purchase liquor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.090, 1977. Formerly 9.44.110].
9.44.100 Taking orders for liquor prohibited.
Except as provided in RCW 66.26.050, no person shall canvass for, solicit, receive, or take orders for the purchase or sale of any liquor, or act as agent for the purchase or sale of liquor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.100, 1977. Formerly 9.44.120].
9.44.110 Use of false or fraudulent identification.
No person shall use or present any false, forged, or counterfeited identification or other papers or things or any identification papers issued to identify another person inducing any other person to sell any liquor to him. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.110, 1977. Formerly 9.44.130].
9.44.120 Public consumption prohibited.
Except as permitted by RCW Title 66 and this chapter and any amendments hereof, no person shall in any public place open any package containing liquor or consume liquor, or break any seal used by the board to seal a container of liquor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.120, 1977. Formerly 9.44.140].
9.44.130 Age of employees.
No person under the age of 18 years shall be employed in any service in connection with the sale, handling, or serving of any liquor, either on a paid or voluntary basis, in, on, or about any licensed premises. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.140, 1977. Formerly 9.44.050].
9.44.140 Inspection.
All licensed premises shall at all times be open to inspection by any authorized police officer. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.150, 1977. Formerly 9.44.060].
9.44.150 Allegation of violation.
In describing any offense under this chapter, it shall be sufficient to state the offense in the words of this chapter or in any words of like effect; no exception, exemption, provision, excuse, or qualification, whether it occurs by way of proviso or in the description of the offense, need be specified or negated in the complaint, although it may be provided by the defendant; if it is specified or negated in the complaint, it shall be treated as surplusage.
In describing in any complaint, summons, warrant, or other process or legal papers any offense under this chapter respecting sale, possession, consumption, purchase, or disposition of liquor, it shall be sufficient to state the sale, possession, consumption, purchase, or disposition 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, possessed, consumed, purchased, or disposed of, except in the case of offenses where the quantity is essential, and in such case it shall be sufficient to allege the sale or disposal of more or less than the quantity, as the case may be. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.160, 1977].
9.44.160 Violation – Penalties.
It is unlawful for any person to violate any provision of this chapter. Any person violating any provisions of this chapter shall be guilty of a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.24.170, 1977].
Editor’s Note: For statutory provisions concerning alcoholic beverages, see RCW Title 66.