Chapter 5.08 ALCOHOLIC BEVERAGES

This article shall be deemed an exercise of the police power of the city as an aid to the enforcement of the Washington State Liquor Act, and all of its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 276 § 1, 1957)

5.08.020 Definitions.

Terms, in this article, unless the context otherwise requires, shall be defined as set forth in the Washington State Liquor Act. (Ord. 276 § 2, 1957)

5.08.030 Exemptions.

Nothing in this article shall apply to wine or beer manufactured in any home for consumption therein, but not for sale. (Ord. 276 § 3, 1957)

5.08.040 License required.

Every person doing any act required to be licensed under the Washington State Liquor Act without having in force a license issued to him under that Act shall be guilty of a misdemeanor. The license required by this section is separate from, and in addition to, the business license issued under Chapter 5.04 ZMC, which may also be required when applicable. (Ord. 1515 § 2, 2020; Ord. 276 § 5, 1957)

5.08.050 Sale to person under the influence prohibited.

No person shall sell any liquor to any person apparently under the influence of liquor. (Ord. 276 § 6, 1957)

5.08.060 Consumption in public unlawful.

Except as permitted by the Washington State Liquor Act, no person shall open a package containing liquor, or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $10.00. (Ord. 276 § 8, 1957)

5.08.070 Procurement for ineligible person.

Except in the case of liquor administered by a physician or dentist or sold upon the prescription in accordance with the provisions of the Washington State Liquor Act, no person shall procure or supply or assist directly or indirectly in procuring or supplying liquor for or to anyone whose permit is suspended or has been cancelled. (Ord. 276 § 10, 1957)

5.08.080 Purchase under suspended permit unlawful.

No person shall purchase or attempt to purchase any liquor under any permit which has been suspended or cancelled, or of which he is not the holder. (Ord. 276 § 11, 1957)

5.08.090 Inspection of licensed premises.

All licensed premises used in the manufacture, storage or sale of liquor, or any premises or parts of premises used, or in any way connected, physically or otherwise, with the licensed business, shall at all times be open to inspection by any inspector, police officer, or peace officer, and any person being on such premises, and having charge thereof who refuses, or fails to admit any such inspector, police officer or peace officer demanding or requesting to enter therein in pursuance of this section in the execution of his duty, or who obstructs or attempts to obstruct the entry of such inspector or officer of the peace, shall be guilty of a misdemeanor. (Ord. 276 § 12, 1957)

5.08.100 Solicitation.

Except as provided in Section 42 of the Washington State Liquor Act, 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 any liquor. (Ord. 276 § 13, 1957)

5.08.110 Proof of unlawful sale.

In any proceeding under this article, proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or purpose of unlawfully keeping liquor for sale in violation of this article. (Ord. 276 § 14, 1957)

5.08.120 Sale by bottle or package.

Except as otherwise provided in the Washington State Liquor Act, every person who shall sell or attempt to sell any liquor by the bottle, drink or package, or who shall own or operate any still shall be guilty of a misdemeanor. (Ord. 276 § 15, 1957)

5.08.130 Purchase from unauthorized dealer.

No person shall buy alcoholic beverages from any person other than the board, a state liquor store, or some person authorized under the provisions of the State Liquor Act to sell the same. (Ord. 276 § 16, 1957)

5.08.140 Possession of liquor secured from unauthorized dealer.

Any person who shall have or keep alcoholic beverages other than those purchased from the board, state liquor store, or some person authorized under the State Liquor Act to sell the same, shall be guilty of a misdemeanor and a violation of this article. (Ord. 276 § 17, 1957)

5.08.150 Possession with intent to sell.

Any person who shall keep or possess liquor on premises conducted or maintained by him as principal or agent, with intent to sell the same contrary to the provisions of the Washington State Liquor Act, and contrary to this article, shall be guilty of a misdemeanor. (Ord. 276 § 18, 1957)

5.08.160 Times of prohibited sale.

No beer, wine or liquor shall be sold, offered for sale, served or consumed upon any licensed premises on the day of any general, special or primary election of any state, county or municipal offices within the said state, county or municipal corporation in which said election is held, during the hours the polls are open, nor between the hours of 12:00 midnight on Saturday and 6:00 a.m. on the following Monday, nor upon any weekday between the hours of 2:00 a.m. and 6:00 p.m. (Ord. 276 § 19, 1957)

5.08.170 Sale to minors.

No retail licensee shall give or otherwise supply liquor to any person under the age of 21 years; or to any person apparently under the influence of liquor; or to any interdicted person (habitual drunkard); nor shall any licensee or employee thereof permit any person under said age or in said condition or classification to consume liquor on his premises, or on any premises adjacent thereto and under his control, except where liquor is administered to such person by his physician or dentist for medicinal purposes. (Ord. 276 § 20, 1957)

5.08.180 Violation – Penalty.

Every person guilty of a violation of any of the provisions of this article for which no penalty is specifically prescribed shall be liable, upon conviction, to a penalty of not more than $100.00 or to imprisonment in the city jail for not more than 30 days, or both such fine and imprisonment. (Ord. 276 § 21, 1957)

Article II. On-Premises Entertainment

5.08.190 License required.

No premises holding a state license for the sale of beer, wine, whiskey or other intoxicating liquor for consumption on the premises shall provide or allow music, dancing or entertainment to be conducted on such premises unless the owner or operator thereof has first secured a city license so to do; provided, that the words “music” and “entertainment” as herein used shall not apply to radios, television sets or mechanical music devices where dancing is not permitted. The license required by this section is separate from and in addition to the business license issued under Chapter 5.04 ZMC, which may also be required when applicable. (Ord. 1515 § 2, 2020; Ord. 414 § 1, 1975; Ord. 276 § 4, 1957)

5.08.200 License application.

Application for such license shall be made to the city clerk/treasurer and the fee provided therefor paid at the time of such application. Upon the receipt of such application the facts relative thereto shall be transmitted to the police chief who shall immediately investigate such premises. The police chief shall report to the mayor the results of his investigation relative to the character of the proposed licensed premises and the conduct of patrons thereon. After due consideration of such information, if the mayor shall deem that the issuance of a license to such premises shall be for the best interests of the community, he shall so advise the city clerk/treasurer who shall thereupon issue such a license. If, however, it shall be determined by the mayor from such investigation of the police chief that the issuance of such license would be opposed to the best interests of the community, he shall so advise the city clerk/treasurer who shall thereupon deny such license. (Ord. 414 § 2, 1975; Ord. 276 § 4, 1957)

5.08.210 License fee.

A. The fee for such license shall be the sum of $50.00 per year or fraction thereof except as provided by subsection (B) of this section. The floor space to be used for dancing shall be designated by enclosing the same on four sides with a black line four inches wide painted on the floor and dancing shall be confined to such designated floor space. Such license shall be effective for the period beginning January 1st and ending December 31st of the same year or for any portion thereof except as provided in subsection (B) of this section.

B. In the event the activity to be licensed by this chapter is to be conducted for five days or less, a temporary license fee of $15.00 shall be paid by the licensee for each day the licensed activity is to be conducted, which temporary license fee shall be collected by the city in lieu of the annual license fee called for by subsection (A) of this section.

C. The application fee for each permit issued under this article shall be $15.00 which amount shall be credited to payment of the permit fee. Application fees shall not be refundable. (Ord. 414 § 3, 1975; Ord. 276 § 4, 1957)

5.08.220 Orderly conduct required.

All such licensed premises shall be conducted in a quiet and orderly manner and as provided by the Washington State Liquor Control Act or regulations pursuant thereto. In addition to the other penalties herein provided upon violation of any of the terms or provisions of this article or of the failure of the owner or operator of such premises to conduct the same in a quiet and orderly manner, said license may be revoked upon opportunity first being given the holder thereof to appear before the city council on his own behalf. (Ord. 414 § 4, 1975; Ord. 276 § 4, 1957)

Article III. Sale of Keg Containers

5.08.230 Prerequisites for sale.

Any person who sells or offers for sale the contents of kegs or similar containers containing six gallons or more of beer or malt liquor, or leases kegs or similar containers containing six gallons or more of beer or malt liquor to consumers who are not licensed under Chapter 66.24 RCW shall be required to do the following acts:

A. Require the purchaser of the beer or malt liquor to sign a declaration and receipt for the keg or similar container in substantially the form provided for hereinbelow;

B. Require the purchaser to provide two pieces of identification, one of which is a motor vehicle operator’s license of the state, or military identification card;

C. Require the purchaser to sign a sworn statement under penalty of perjury that the purchaser is of legal age to purchase, possess or consume beer or malt liquor; that the purchase will not allow any person under the age of 21 years to consume said beverage, except as provided by RCW 66.44.270; that the purchaser will not remove, obliterate, or allow to be removed or obliterated the identification number affixed to the keg or similar container;

D. Require the purchaser to state the particular address where the beer or malt liquor will be consumed and where the keg or similar container will be located;

E. Affix to each keg or similar container a numbered identification label;

F. Record the identification number and any other number appearing on the keg or similar container on the declaration or receipt of purchase;

G. Retain the original copy of the declaration and receipt for a period of one year for inspection by any law enforcement agency;

H. Provide a copy of the declaration and receipt to the purchaser thereof;

I. Require the purchaser to maintain a copy of the declaration and receipt adjacent to the keg or similar container a distance of no greater than five feet completely open and visible during the period of time that the keg or similar container is being used by the purchaser. (Ord. 601 § 1, 1986)

5.08.240 Purchaser requirements.

Any person who purchases the contents of a keg or similar container containing six gallons or more of beer or malt liquor, or purchases or leases such a container shall:

A. Be of legal age to purchase, possess or use beer or malt liquor;

B. Not allow any person under the age of 21 years to consume the beverage except as provided by RCW 66.44.270;

C. Not remove, obliterate or allow to be removed or obliterated the numbered label affixed to the keg or similar container;

D. Not move, keep or store the keg or similar container, or its contents, except for transporting from the place of purchase, to the particular address declared and set forth on the receipt and declaration;

E. Maintain a copy of the declaration and receipt within five feet of the location of the keg in a completely visible place during such time that the keg or similar container is being used. (Ord. 601 § 2, 1986)

5.08.250 Declaration and receipt – Form.

The form of the declaration and receipt required in accordance with this article shall be substantially as set out in Appendix 1 of this title. (Ord. 601 § 3, 1986)

5.08.260 Violation – Penalty.

Any person who shall violate any provision of this article shall be guilty of a misdemeanor and on conviction thereof shall be fined in an amount of not more than $500.00 or imprisoned for a period of time of not more than six months or both such fine or imprisonment. (Ord. 601 § 5, 1986)