Chapter 5.36


5.36.010    Short title.

5.36.020    Definitions.

5.36.030    Statutes adopted.

5.36.040    Penalties.

5.36.010 Short title.

The ordinance codified in this chapter may be known and cited as the “liquor ordinance.” (Ord. 522 § 5, 1976).

5.36.020 Definitions.

The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, unless where used the context thereof shall clearly indicate to the contrary:

A. “Alcohol” is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance.

B. “Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than four percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this chapter any such beverage, including ale, stout and porter, containing more than four percent of alcohol by weight shall be referred to as “strong beer.”

C. “Board” means the Liquor Control Board, constituted under this chapter.

D. “Card of identification” means a card as provided in RCW 66.16.040 which card has been obtained from the State Liquor Control Board, is sealed in plastic and shows the holder’s correct age and bears his signature and photograph.

E. “Club” means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.

F. “Consume” includes the putting of liquor to use, whether by drinking or otherwise.

G. “Dentist” means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to RCW Chapter 18.32.

H. “Druggist” means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to RCW Chapter 18.64.

I. “Drugstore” means a place whose principal business is the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drugstore is open.

J. “Imprisonment” means confinement in the city jail.

K. “Licensee” means the holder of a retail liquor license issued by the Board, and includes any employee or agent of the licensee.

L. “Liquor” includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.

M. “Malt liquor” means beer, strong beer, ale, stout and porter.

N. “Package” means any container or receptacle used for holding liquor.

O. “Permit” means a permit for the purchase of liquor under this chapter.

P. “Person” means an individual, copartnership, association or corporation.

Q. “Physician” means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to RCW Chapter 18.71.

R. “Prescription” means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.

S. “Public place” includes streets; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public, and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

T. “Restaurant” means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drugstores and soda fountains.

U. “Sale” and “sell” include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state.

V. “Soda fountain” means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.

W. “Spirits” means any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen percent of alcohol by weight.

X. “Tavern” means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

Y. “Wine” means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than seventeen percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding seventeen percent of alcohol by weight. (Ord. 1061 § 3, 1997; Ord. 522 § 1, 1976).

5.36.030 Statutes adopted.

The following statutes are adopted by reference:

RCW 66.04.010

RCW 66.20.180

RCW 66.20.200

RCW 66.28.080

RCW 66.28.090

RCW 66.32.010

RCW 66.32.020

RCW 66.32.030

RCW 66.32.040

RCW 66.32.050

RCW 66.32.060

RCW 66.32.070

RCW 66.32.080

RCW 66.32.090

RCW 66.36.010

RCW 66.44.010 (1)

RCW 66.44.040

RCW 66.44.050

RCW 66.44.060

RCW 66.44.070

RCW 66.44.080

RCW 66.44.090

RCW 66.44.100

RCW 66.44.130

RCW 66.44.150

RCW 66.44.160

RCW 66.44.170

RCW 66.44.175

RCW 66.44.200

RCW 66.44.210

RCW 66.44.240

RCW 66.44.250

RCW 66.44.270

RCW 66.44.290

RCW 66.44.291

RCW 66.44.300

RCW 66.44.310 (1) (a) (b) (c)

RCW 66.44.325

RCW 9.66.010

RCW 9.91.060

RCW 26.28.080 (1) and (4)

RCW 35.21.170

(Ord. 522 § 2, 1976).

5.36.040 Penalties.

Every person convicted of a violation of any provision of this chapter is guilty of a misdemeanor as defined under the laws of the state and shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or by both such fine and imprisonment. (Ord. 522 § 3, 1976).