Chapter 9A.12
CONTROLLED SUBSTANCES – LIQUOR
Sections:
9A.12.010 Unlawful inhalation.
9A.12.020 Possession of certain substances prohibited.
9A.12.030 Sales to persons apparently under the influence of liquor.
9A.12.035 Opening or consuming liquor in public place.
9A.12.040 Furnishing liquor to minors.
9A.12.050 Minor purchasing or attempting to purchase liquor.
9A.12.060 Treats, gifts, purchase of liquor for or from minor, or holding out minor as at least 21, in public place where liquor is sold.
9A.12.070 Minors frequenting off limits areas.
9A.12.080 Unlawful transfer to a minor of an identification of age.
9A.12.090 Hours of operation and sale.
9A.12.100 Leaving child in automobile while entering tavern.
9A.12.110 Unlawful possession of marihuana or paraphernalia.
9A.12.120 Adoption by reference.
9A.12.010 Unlawful inhalation.
(1) It is unlawful for any person to intentionally smell or inhale the fumes of any types of substance as defined in this section or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental process. This does not apply to the inhalation of any anesthesia for medical or dental purposes.
(2) Definition. As used in this section, the phrase “substance containing a solvent having the property of releasing toxic vapors or fumes” shall mean and include any substance containing one or more of the following compounds:
(a) Acetone;
(b) Amylacetate;
(c) Benzol or benzene;
(d) Butyl acetate;
(e) Butyl alcohol;
(f) Carbon tectrachloride;
(g) Chloroform;
(h) Cyclohexanone;
(i) Ethanol or ethyl alcohol;
(j) Ethyl acetate;
(k) Hexane;
(l) Isopropanol or isopropyl alcohol;
(m) Isopropyl acetate;
(n) Methyl “cellosolve” acetate;
(o) Methyl ethyl ketone;
(p) Methyl isobutyl ketone;
(q) Toluol or toluene;
(r) Trichloroethylene;
(s) Tricresyl phosphate;
(t) Xylol or xylene; or
(u) Any other solvent, material substance, chemical, or combination thereof, having the property of releasing toxic vapors.
(3) Unlawful inhalation is a gross misdemeanor. (Ord. 97-539 § 2).
9A.12.020 Possession of certain substances prohibited.
(1) No person may, for the purpose of violating KMC 9A.12.010, use, or possess for the purpose of so using, any substance containing a solvent having the property of releasing toxic vapors of fumes.
(2) Violation of this section is a misdemeanor. (Ord. 97-539 § 2).
9A.12.030 Sales to persons apparently under the influence of liquor.
No person shall sell any liquor to any person apparently under the influence of liquor. (Ord. 97-539 § 2).
9A.12.035 Opening or consuming liquor in public place.
(1) No person shall open the package containing liquor or consume liquor in a public place, except as permitted by RCW Title 66.
(2) Violation of this section is a misdemeanor with a maximum penalty of $100.00. (Ord. 98-573 § 3).
9A.12.040 Furnishing liquor to minors.
(1) It is unlawful for any person to sell, 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. For purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft.
(2) It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor.
(3) It is unlawful for a person under the age of 21 years to be in a public place, or be in a motor vehicle in a public place, while exhibiting the effects of consuming liquor. For purposes of this section, “exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath and either is in possession of or close proximity to a container that has or recently had liquor in it, or by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This section 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 (4) or (5) of this section.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a person under the age of 21 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.
(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of 21 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 21 years. (Ord. 97-539 § 2).
9A.12.050 Minor purchasing or attempting to purchase liquor.
(1) Every person under the age of 21 years who purchases or attempts to purchase liquor shall be guilty of a misdemeanor.
(2) Upon conviction, a minimum fine of $250.00 shall be imposed. (Ord. 97-539 § 2).
9A.12.060 Treats, gifts, purchase of liquor for or from minor, or holding out minor as at least 21, in public place where liquor is sold.
Any person who invites a minor into a public place where liquor is sold and treats, gives or purchases liquor for such minor, or permits a minor to treat, give or purchase liquor for the adult; or holds out such minor to be 21 years of age to the owner or employee of the liquor establishment, a law enforcement officer, or a liquor control agent shall be guilty of a misdemeanor. (Ord. 97-539 § 2).
9A.12.070 Minors frequenting off limits areas.
It shall be a misdemeanor:
(1) To serve or allow to remain in any area classified by the liquor board as off limits to any person under the age of 21 years.
(2) For any person under the age of 21 years to enter or remain in any area classified as off limits to such a person, but persons under 21 years may pass through a restricted area in a facility holding a Class H club license.
(3) For any person under the age of 21 years to represent his or her age as being 21 years or more years for the purpose of purchasing liquor or securing admission to or remaining in any area classified by the board as off limits to such a person. (Ord. 97-539 § 2).
9A.12.080 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 minor to obtain alcoholic beverages shall be guilty of a misdemeanor. (Ord. 97-539 § 2).
9A.12.090 Hours of operation and sale.
(1) The days and hours during which all holders of licenses, issued by the WSLCB, shall be permitted to sell or dispense intoxicating liquor within the corporate limits of the city shall be as determined by the regulations from time to time issued by the WSLCB. It is unlawful for any person, firm or corporation to sell or dispense intoxicating liquor at hours or on days other than those permitted by regulation of the WSLCB.
(2) “WSLCB” is the Washington State Liquor Control Board. (Ord. 97-539 § 2).
9A.12.100 Leaving child in automobile while entering tavern.
Every person having the care and custody, whether temporary or permanent, of minor children under the age of 12 years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises shall be guilty of a gross misdemeanor. (Ord. 97-539 § 2).
9A.12.110 Unlawful possession of marihuana or paraphernalia.
(1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plan, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, compound, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.
(3) Any person 18 years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under 18 years of age who is a least three years his or her junior is guilty of a gross misdemeanor.
(4) Any person found guilty of possession of 40 grams or less of marihuana shall be guilty of a misdemeanor. (Ord. 97-539 § 2).
9A.12.120 Adoption by reference.
RCW 69.50.102 is adopted in its entirety by reference. (Ord. 97-539 § 2).