Chapter 9.16
POSSESSION, USE OF INTOXICATING LIQUOR

Sections:

9.16.010    Definitions.

9.16.020    Acquisition, use or consumption by minors prohibited— Exception.

9.16.030    Unlawful to aid and abet violations.

9.16.040    Minor appearing in public places after having consumed intoxicating liquor.

9.16.050    Violation—Penalty.

9.16.060    Jurisdiction.

9.16.010 Definitions.

(1) The term “liquor or intoxicating liquor” as used in this Chapter is hereby defined to mean 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 semi-solid 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, semi-solid, solid or other substance which contains more than one percent (1%) of alcohol by weight shall be conclusively deemed to be intoxicating.

(2) The term “consume” means to place liquor within the body of a person, such as by drinking, and can be shown through evidence of intoxication.

(3) The term “possess” shall include liquor inside the body of a person, and can be shown through evidence of intoxication. (Ord. 12217, 1989)

9.16.020 Acquisition, use or consumption by minors prohibited—Exception.

It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase, drink, consume or possess intoxicating liquor or liquors within the County of Skagit, State of Washington, or remain in Skagit County after having consumed liquor, except, in the case of liquor given or permission to be given to a person under the age of twenty-one (21) years by his parents or guardian for medicinal purposes, or administered to him by his physician or dentist for medicinal purposes only, or give to a person in connection with established religious services. (Ord. 12217, 1989: Ord. 10928, 1986)

9.16.030 Unlawful to aid and abet violations.

It shall be unlawful for any person to aid, abet, assist, counsel, encourage, or advise any person under the age of twenty-one (21) years to purchase, drink, consume, or possess intoxicating liquor or liquors in violation the ordinance codified in this chapter. (Ord. 12217, 1989)

9.16.040 Minor appearing in public places after having consumed intoxicating liquor.

(1) It is unlawful for any person under the age of twenty-one (21) years of age to appear on the public roads or public places, or in any motor vehicle on a public road, within Skagit County after having consumed intoxicating liquor in violation of the provisions of this Chapter, regardless of where such intoxicating liquor may have been consumed; provided, that at the time of the appearance as aforesaid, evidence exists as to the consumption of intoxicating liquor; provided further, that the exception provided in Section 9.16.020 relative to the consumption of intoxicants at religious services or for medical purposes shall be an applicable defense to a charge of violation of this section.

(2) For purpose of this section, a person shall be deemed to have consumed an intoxicating liquor if at the time of the contact with the officer, there are still indicia upon his or her person of such consumption, including but not limited to alcohol within the blood, the presence of the odor of intoxicating liquor, beer or wine on the breath of any person under the age of twenty-one (21) years of age, which shall be prima facie evidence of consumption of intoxicating liquors in violation of provisions of this Chapter. The provisions shall not be construed as limiting the introduction of any other competent evidence of the consumption of intoxicating liquor in violation of this section.

(3) Any person charged with a violation of this chapter shall be afforded the opportunity to preserve evidence by submitting to a breathalyzer test if such test is requested, and shall be provided the opportunity to obtain at his or her expense a blood test by competent medical personnel if such test is requested. (Ord. 12609 (part), 1990; Ord. 12217, 1989)

9.16.050 Violation—Penalty.

Any person violating this Chapter or any provision thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the County Jail not exceeding ninety (90) days or both such fine and imprisonment. (Ord. 12345, 1990: Ord. 12217, 1989)

9.16.060 Jurisdiction.

This Chapter shall apply to all areas in Skagit County. (Ord. 12609 (part), 1990: Ord. 12217, 1989: Ord. 3317, 1963; 31 CJ 506)