Chapter 5.24
MALT LIQUOR SALES

Sections:

5.24.010  Keg registration.

5.24.020  Keg purchases.

5.24.030  Sale unlawful when.

5.24.040  Violation—Penalty.

5.24.010 Keg registration.

Only licensees holding a Class A or B license in combination with a Class E license may sell malt liquor in kegs or other containers capable of holding four gallons or more of liquid. Any person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor, or leases kegs or other containers that will hold four gallons of malt liquor within the city, to consumers who are not licensed under RCW Chapter 66.24 shall do the following for any transaction involving the container:

A. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage in substantially the form provided by the State Liquor Control Board;

B. Require the purchaser to sign a sworn statement, under penalty of perjury, that:

1. The purchaser is of legal age to purchase, possess or use malt liquor,

2. The purchaser will not allow any person under the age of twenty-one years to consume the beverage except as provided by RCW 66.44.270,

3. The purchaser will not remove, obliterate or allow to be removed or obliterated, the identification required under Section 231 of this act to be affixed to the container;

C. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located; and

D. Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser's possession or control. (Ord. 3114 § 2, 1989)

5.24.020 Keg purchases.

Any person who purchases the contents of kegs or other containers containing four gallons or more of malt liquor, or purchases or leases the container within the city, shall:

A. Sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in Section 231 of this act;

B. Provide one piece of identification pursuant to RCW 66.16.040;

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

D. Not allow any person under the age of twenty-one to consume the beverage except as provided by RCW 66.44.270;

E. Not remove, obliterate or allow to be removed or obliterated, the identification required under rules adopted by the board;

F. Not move, keep or store the keg or its contents, except for transporting to and from the distributor, at any place other than that particular address declared on the receipt and declaration; and

G. Maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser's possession or control. (Ord. 3114 § 3, 1989)

5.24.030 Sale unlawful when.

It is unlawful for any person to sell or offer for sale kegs or other containers containing four gallons or more of malt liquor to consumers who are not licensed under RCW Chapter 66.24 if the kegs or containers are not identified in compliance with rules adopted by the Liquor Control Board. (Ord. 3114 § 4, 1989)

5.24.040 Violation—Penalty.

A. Except as provided in subsection B of this section, the violation of any of the provisions of Sections 5.24.010 through 5.24.030 is punishable by a fine of not more than five hundred dollars.

B. Except as provided in RCW 66.44.270, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a minor is liable, on conviction, for a first offense for a penalty of not more than five hundred dollars, or for imprisonment for not more than two months, or both; for a second offense for a penalty of not more than five hundred dollars or imprisonment for not more than six months, or both; and for a third or subsequent offense for a penalty of not more than five hundred dollars or imprisonment for more than one year, or both. (Ord. 3114 § 5, 1989)