Chapter 10.40


10.40.010    Definitions.

10.40.020    Offense.

10.40.030    Violation – Penalty.

10.40.010 Definitions.

For the purposes of this chapter:

“Alcohol” means 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. The term “alcohol” does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.

“Beer” means any malt beverage or malt liquor as these terms are defined in this chapter.

“Intoxicating liquor” means and includes the four varieties of liquor defined in this chapter (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 substances, 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.

“Malt beverage” or “malt liquor” means any beverage such as beer, ale, lager beer, stout, and porter 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 eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume.

“Spirits” means any beverage which contains alcohol obtained by distillation, including wines exceeding 24 percent of alcohol by volume.

“Wine” means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) 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 24 percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding 24 percent of alcohol by volume. [Ord. 87-235, § 1, 12-14-87.]

10.40.020 Offense.

A. It is unlawful for any person under the age of 21 years to appear on the public streets or roadways, or in any motor vehicle on a public street or roadway, or in any public place within the unincorporated areas of the county after having consumed intoxicating liquor, regardless of where consumption may have occurred; provided, that at the time of the appearance as aforesaid, evidence exists as to the consumption of intoxicating liquor.

B. For the purposes of this section, the presence of the odor of intoxicating liquor, beer or wine on the breath of any person under the age of 21 years shall be prima facie evidence of consumption of intoxicating liquor. This provision shall not be construed as limiting the introduction of any other competent evidence of the consumption of intoxicating liquor in violation of this section.

C. It is an affirmative defense to be proven by the defendant by a preponderance of the evidence that the intoxicating liquor consumed by the defendant was given to the defendant by his parent or guardian and consumed in the presence of the parent or guardian, or given for medicinal purposes by a parent, guardian, physician, or dentist, or was consumed in connection with a religious service and the amount consumed was the minimal amount necessary for the religious service. [Ord. 87-235, § 2, 12-14-87.]

10.40.030 Violation – Penalty.

A violation of this chapter is a misdemeanor. Any person convicted of a violation of this chapter shall be punished by imprisonment for a maximum term fixed by the Court of not more than 90 days, or by a fine in an amount fixed by the Court of not more than $1,000, or by both such imprisonment and fine. [Ord. 87-235, § 3, 12-14-87.]