Chapter 6.10
DRUGS, ALCOHOL, AND POISONS1
Sections:
6.10.010 Adoption of statutes.
6.10.070 Inhaling toxic fumes.
6.10.090 Drug-related loitering.
6.10.100 Drug forfeiture procedure adopted by reference.
6.10.010 Adoption of statutes.
The following state statutes are adopted by reference and wherever the word “title” or words “this title” are used therein the same shall be construed to mean and refer to RCW Title 66 and “this act” shall mean and refer to the Washington State Liquor Act:
RCW
66.04.010 Definitions.
66.20.200 Unlawful acts relating to card of identification and certification card.
66.20.210 Licensee’s immunity to prosecution or suit – Certification card as evidence of good faith.
66.20.300 Alcohol servers – Definitions.
66.20.310 Alcohol servers – Permits – Requirements – Suspension, revocation – Violations – Exemptions.
66.28.090 Licensed premises open to inspection – Failure to allow.
66.28.200 Keg registration – Special endorsement for grocery store license – Requirements of seller.
66.28.210 Keg registration – Requirements of purchaser.
66.28.220 Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful.
66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc.
66.44.050 Description of offense in words of statutes – Proof required.
66.44.060 Proof of unlawful sale establishes prima facie intent.
66.44.070 Certified analysis is prima facie evidence of alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in public place – Penalty.
66.44.120 Unlawful use of seal.
66.44.130 Sale of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic beverages.
66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence, what is.
66.44.175 Violations of law.
66.44.180 General penalties – Jurisdiction for violation.
66.44.200 Sales to persons apparently under the influence of liquor.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance – Penalty against carrier – Exception.
66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing liquor.
66.44.300 Treating minor, etc., in public place where liquor sold.
66.44.310 Minor frequenting tavern or cocktail lounge, misrepresentation of age.
66.44.320 Sales of liquor to minors a violation.
66.44.325 Unlawful transfer to a minor of an identification card.
66.44.328 Unlawful to transfer to a minor of a forged, altered, etc., identification card.
66.44.340 Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees.
66.44.350 Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees.
66.44.370 Resisting or opposing officers in enforcement of title.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 04-458, § 2, 2-3-04; Ord. No. 02-429, § 2, 11-19-02; Ord. No. 00-367, § 1, 3-21-00; Ord. No. 91-89, § 1(9.04.010), 3-5-91. Code 2001 § 6-36.)
6.10.020 Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.
RCW 66.44.270 is hereby adopted by reference:
(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 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.
(2) (a) It is unlawful for any person under the age of 21 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.
(b) It is unlawful for a person under the age of 21 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: (i) is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she is under the influence of liquor. This subsection (2)(b) 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.
(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW.
(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 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.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 99-362, § 1, 12-21-99. Code 2001 § 6-37.)
6.10.030 Statutes adopted.
The following state statutes are adopted by reference:
RCW
69.41.020 Prohibited acts – Information not privileged communication.
69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions.
69.41.040 Prescription requirements – Penalty.
69.41.050 Labelling requirements.
69.41.320 Practitioners – Restricted use – Medical records.
69.41.350 Penalties.
69.43.010 Report to state board of pharmacy – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.
69.43.020 Receipt of substance from source outside state – Report – Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions – Report – Penalty.
69.43.043 Recordkeeping requirements – Penalty.
69.43.090 Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Exceptions – Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine – Pilot project to record retail transactions – Penalty.
69.50.101 Definitions.
69.50.204 Schedule I.
69.50.309 Containers.
69.50.4013 Possession of controlled substance – Penalty.
69.50.4014 Possession of forty grams or less of marijuana – Penalty.
69.50.412 Prohibited acts: E – Penalties.
69.50.445 Opening or consuming package containing marijuana, useable marijuana, or marijuana-infused product in view of general public – Penalty.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
(Ord. No. 13-741, § 3, 5-7-13; Ord. No. 12-732, § 1, 12-4-12; Ord. No. 09-601, § 10, 1-6-09; Ord. No. 05-508, § 1, 11-1-05; Ord. No. 04-463, § 2, 8-3-04; Ord. No. 04-458, § 3, 2-3-04; Ord. No. 02-429, § 4, 11-19-02; Ord. No. 99-362, § 2, 12-21-99; Ord. No. 91-89, § 1(9.14.010), 3-5-91. Code 2001 § 6-86.)
6.10.070 Inhaling toxic fumes.
The following state statutes are adopted by reference:
RCW
9.47A.010 Definition.
9.47A.020 Unlawful inhalation – Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 00-374, § 2, 9-19-00; Ord. No. 91-89, § 1(9.14.040), 3-5-91. Code 2001 § 6-89.)
6.10.080 Poisons.
The following state statutes are adopted by reference:
RCW
69.38.010 Poison defined.
69.38.020 Exceptions.
69.38.030 Poison register.
69.38.040 Poison register – Penalty for violations.
69.38.050 False representations.
69.38.060 License required.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.14.050), 3-5-91. Code 2001 § 6-90.)
6.10.090 Drug-related loitering.
(1) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW.
(2) Among circumstances which may be considered to determine whether such intent is manifested are:
(a) Such person is known to use, possess, or sell illegal drugs. For purposes of this title, a “person known to use, possess, or sell illegal drugs” is a person who has been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”;
(b) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity, including but not limited to acting as a “lookout”;
(c) Such person is physically identified by the officer as a member of a “gang” or association which has as its purpose illegal drug activity;
(d) Such person transfers small objects or packages for currency in a furtive fashion;
(e) Such person takes flight upon the appearance of a police officer;
(f) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;
(g) The area or premises involved is known by law enforcement to be an area of unlawful drug use and trafficking, known either by public reputation or by reports to law enforcement of suspected drug activity pursuant to Chapter 69.52 RCW;
(h) Any vehicle involved is registered to a person known to use, possess or sell illegal drugs, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
(3) Any person who violates the provisions of this section is guilty of a misdemeanor.
(Ord. No. 09-601, § 11, 1-6-09; Ord. No. 06-518, § 1, 3-7-06. Code 2001 § 6-91.)
6.10.100 Drug forfeiture procedure adopted by reference.
RCW 69.50.505 is hereby adopted by reference as Federal Way’s system of drug forfeitures.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 93-182, § 2, 7-20-93. Code 2001 § 2-251.)
6.10.110 Hearing.
RCW 69.50.505(e) is amended solely to provide the specific exception that the Federal Way chief of police shall designate a hearing examiner for forfeiture matters upon concurrence of the mayor.
(Ord. No. 10-669, § 61, 9-21-10; Ord. No. 93-182, § 3, 7-20-93. Code 2001 § 2-252.)
6.10.120 Definitions.
Terms in this chapter are defined according to Chapter 69.50 RCW, city ordinances, common law, or their ordinary meaning, in that order.
(Ord. No. 09-591, § 2, 1-6-09; Ord. No. 07-573, § 1, 12-4-07; Ord. No. 93-182, § 4, 7-20-93. Code 2001 § 2-253.)
Cross references: Driving while under the influence of intoxicating liquor or drugs, FWRC 6.15.010; weapons prohibited on liquor sale premises, FWRC 6.25.030.