Chapter 6.12
ALCOHOL AND TOBACCO VIOLATIONS

Sections:

6.12.010    Liquor in public.

6.12.020    Over serving.

6.12.040    Furnishing liquor to minors—Minor possess/consume alcohol.

6.12.050    Minor purchasing or attempting to purchase liquor.

6.12.055    Minors frequenting off limits area—Misrepresentation of age—Penalty—Classification of licensees.

6.12.065    Sales of kegs to minors.

6.12.070    Unlawful transfer to a minor of an identification of age.

6.12.090    Child unattended—Parked automobile—Tavern/bar.

6.12.160    Purchasing or obtaining tobacco by persons under the age of eighteen—Civil infraction.

6.12.172    Selling cigarettes to minors.

6.12.200    General penalties.

6.12.010 Liquor in public.

Except as permitted by Title 66 RCW, as now or hereinafter amended, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of an infraction and on conviction therefor shall be fined not more than ninety-five dollars total penalty including all statutory assessments. (Ord. 99-27 § 1, 1999: Ord. 96-75 § 10 (part), 1996).

6.12.020 Over serving.

No person shall sell any liquor to any person apparently under the influence of liquor. (Ord. 96-75 § 10 (part), 1996).

6.12.040 Furnishing liquor to minors—Minor possess/consume alcohol.

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 on 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 water craft. A violation of this subsection is a gross misdemeanor.

B.    (1) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor.

(2)    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 any 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: (a) is in possession of or close proximity to a container that has or recently had liquor in it; or (b) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection B(2) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances in subsection D or E of this section.

C.    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.

D.    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.

E.    This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being consumed 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 twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years. (Ord. 98-32 § 6, 1998: Ord. 98-3 § 16, 1998: Ord. 96-75 § 10 (part), 1996).

6.12.050 Minor purchasing or attempting to purchase 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 title. (Ord. 96-75 § 10 (part), 1996).

6.12.055 Minors frequenting off limits area—Misrepresentation of age—Penalty—Classification of licensees.

A.    Except as otherwise provided by RCW 66.44.316 and 66.44.350, it shall be a misdemeanor:

(1)    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;

(2)    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 the restricted area in a facility holding a Class H club license;

(3)    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. 98-3 § 17, 1998: Ord. 96-75 § 10 (part), 1996).

6.12.065 Sales of kegs to minors.

Except as provided in Section 6.12.040, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a person under the age of twenty-one is guilty of a gross misdemeanor. (Ord. 99-27 § 2, 1999).

6.12.070 Unlawful transfer to a minor of an identification of age.

Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such a minor to obtain alcoholic beverages shall be guilty of a misdemeanor, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service, provided, that corroborative testimony of a witness other than the minor shall be a condition precedent to conviction. (Ord. 96-75 § 10 (part), 1996).

6.12.090 Child unattended—Parked automobile—Tavern/bar.

(A)    It is unlawful for a person having the care and custody, whether temporary or permanent, of a minor child or minor children under the age of twelve years, to leave such child or children in a parked automobile unattended by a competent adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises.

(B)    A violation of this section is a gross misdemeanor. (Ord. 98-3 § 18, 1998).

6.12.160 Purchasing or obtaining tobacco by persons under the age of eighteen—Civil infraction.

A.    A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a Class 3 civil infraction under Chapter 7.80 RCW and is subject to a fine as set out in Chapter 7.80 or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

B.    The Yakima Municipal Court has jurisdiction for enforcement of this section pursuant to RCW 70.155.080. (Ord. 98-32 § 5, 1998).

6.12.172 Selling cigarettes to minors.

A.    Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years, any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor. It shall be no defense to a prosecution for a violation of this section if the person acted, or is believed by the defendant to act, as agent or representative of another.

B.    It is a defense to prosecution under this section that the person making a sale reasonably relied on any officially issued identification that shows the purchaser’s age and bears his or her signature and photograph. As used in this section “officially issued identification” shall include liquor control authority card of identification of a state or providence of Canada, driver’s license, instruction permit, or identification card of a state or providence of Canada; identicard issued by the Washington State Department of Licensing under Chapter 46.20 RCW; United States Military identification; passport; or merchant marine identification card issued by the United States Coast Guard. (Ord. 98-32 § 4, 1998: Ord. 96-75 § 7, 1996).

6.12.200 General penalties.

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 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 chapter is a corporation, it shall, for a first offense, be liable to a penalty of not more than five thousand dollars. (Ord. 96-75 § 10 (part), 1996).