Chapter 9.28
MINORS AND ALCOHOLIC BEVERAGES

Sections:

9.28.010    Definitions.

9.28.020    Furnishing liquor to minors—Possession—Use.

9.28.030    Minor purchasing or attempting to purchase liquor.

9.28.040    Treating minors, etc., in a public place where liquor is sold.

9.28.050    Minors frequenting taverns and cocktail lounges—Misrepresentation of age.

9.28.060    Opening or consuming liquor in a public place.

9.28.070    Minors appearing in public intoxicated.

9.28.080    Evidence of violation.

9.28.090    Violation—Penalty.

9.28.100    Severability.

9.28.010 Definitions.

The definitions set forth in RCW 66.04.010 shall be applicable to this chapter unless otherwise provided. (Ord. 3628 § 1, 2006; Ord. 3086 § 6, 1988)

9.28.020 Furnishing liquor to minors—Possession—Use.

A. It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one 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 the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in Chapter 9A.20 RCW.

B.1. It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in Chapter 9A.20 RCW.

2. It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, “exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath and either: (a) is in possession of or close proximity to a container that has or recently had liquor in it; or (b) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection B2 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 D or E of this section.

C. Subsections A and B1 of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of a parent or guardian. This subsection shall not authorize the consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under Chapter 66.24 RCW.

D. This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

E. This section does not apply to liquor given to a person under the age of twenty-one 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.

F. Conviction or forfeiture of bail for a violation of this chapter by a person under the age of twenty-one years at the time of such conviction or forfeiture, shall not be a disqualification of such person to acquire a license to sell or dispense liquor after such person shall have attained the age of twenty-one years. (Ord. 3628 § 1, 2006; Ord. 3086 § 1, 1988)

9.28.030 Minor purchasing or attempting to purchase liquor.

Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this chapter. (Ord. 3628 § 1, 2006; Ord. 3086 § 2, 1988)

9.28.040 Treating minors, etc., in a 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 him, or holds out such minor to be over the age of twenty-one years to the owner or representative of the liquor establishment shall be guilty of a misdemeanor. (Ord. 3628 § 1, 2006; Ord. 3086 § 3, 1988)

9.28.050 Minors frequenting taverns and cocktail lounges—Misrepresentation of age.

Except as otherwise provided by RCW 66.44.316 and 66.44.350, it is a misdemeanor:

A. To serve or allow to remain on the premises of any tavern or cocktail lounge portion of any Class H licensed premises, any person under the age of twenty-one years;

B. For any person under the age of twenty-one years to enter or remain on the premises of any tavern or cocktail lounge portion of any public Class H licensed premises;

C. For any person under the age of twenty-one years to represent his age as being twenty-one or more years for the purpose of securing admission to or remaining on the premises of any tavern or cocktail lounge portion of any Class H licensed premises. (Ord. 3628 § 1, 2006; Ord. 3086 § 4, 1988)

9.28.060 Opening or consuming liquor in a public place.

Except as permitted by RCW Title 66, no person shall open the package containing liquor or consume liquor in a public place. (Ord. 3628 § 1, 2006; Ord. 3086 § 5, 1988)

9.28.070 Minors appearing in public intoxicated.

It is unlawful for any person under the age of twenty-one years to appear on the public streets of the city, or in any public place within the city or in any motor vehicle on a public street within the city after having consumed intoxicating liquor in violation of any of the ordinances of the city or the laws of the state of Washington, regardless of where such consumption may have occurred; provided, that at the time of such appearance, evidence exists as to the consumption of intoxicating liquor. (Ord. 3628 § 1, 2006; Ord. 2835 § 1, 1981)

9.28.080 Evidence of violation.

For the purposes of this chapter, the presence of the odor of intoxicating liquor, beer or wine on the breath of any person under the age of twenty-one years shall be prima facie evidence of consumption of intoxicating liquor in violation of this chapter. (Ord. 3628 § 1, 2006; Ord. 2835 § 2, 1981)

9.28.090 Violation—Penalty.

Any person convicted of a violation of this chapter shall be punished as provided in Section 1.40.010 of this code as it exists on the effective date of the ordinance codified in this chapter, or as it may be amended after such date. (Ord. 3628 § 1, 2006; Ord. 2835 § 4, 1981)

9.28.100 Severability.

If any section, sentence, clause, or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this chapter. (Ord. 3628 § 1, 2006; Ord. 3086 § 7, 1988)