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Home My WebLink AboutReg 2007-02-05 Item 7A - Ordinance - Alcoholic Beverage Control and Enforcement COUNCIL AGENDA SYNOPSIS --k/ Alp Initials ITEM NO. s �Z ce k rA 9 Meeting Date Prepared by 1 Mayor's review Council review cn% 01/22/07 I PO 1 1 02 05 07 1908 ITEM INFORMATION CAS NUMBER 07-010 I ORIGINAL AGENDA DATE: 1/22/07 AGENDA ITEM TITLE An Ordinance regarding Alcoholic Beverage Control /Enforcement Ordinance CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date 2/5/07 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe R Police Pl/ SPONSOR'S The current TMC is not in compliance with state law. TMC 8.30.010 should be amended SUMMARY and TMC 8.30.030 repealed in order for the TMC to mirror state language. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAl'E: 1/16/07 RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Ordinance to amend current TMC COMMrrrEE Unanimous approval to amend TMC COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- -0- -0- Fund Source: N/A Comments: MTG._.DATE RECORD OF. COUNCIL= ACTION 1/22/07 Forward to Regular Meeting of 2/5/07 MTG- DATE ATTACHMENTS 1/22/07 Memo from Peter Beckwith dated 12/28/06 to the F S Cmte Strike through and final draft of new ordinance Finance Safety Committee minutes dated 1/16/07 2/5/07 Ordinance in Final Form �Ji1+ ..:9Sti C V City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 8.03, "ALCOHOLIC BEVERAGES REPEALING ORDINANCE NOS. 1368 §1 (PART), 1677 §5, 1869 AND 1904, AS COD11-'1ED IN TUKWILA MUNICIPAL CODE CHAPTER 8.03; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN E1'FbCTIVE DATE. WHEREAS, the City of Tukwila desires to update Tukwila Municipal Code Chapter 8.03 regarding alcoholic beverage control and enforcement, to reflect changes to the Revised Code of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 8.03.010, Amended. Tukwila Municipal Code Section 8.03.010 (Alcoholic Beverage Control Enforcement) is hereby amended to read as follows: 8.03.010 Alcoholic Beverage Control Enforcement The following statutes of the State of Washington are adopted by reference, as presently constituted or hereinafter amended, 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 66.04.010 Definitions. 66.20.200 Unlawful acts relating to card of identification and certification card Penalties. 66.20.210 Licensees immunity to prosecution or suit Certification card as evidence of good faith. 66.28.080 Permit for music and dancing upon licensed premises. 66.28.090 Licensed premises or banquet permit premises open to inspection Failure to allow, violation. 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 Sales 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. C:\Documents and Settings \Al Users lD,sktoplKetI MSDATAIOrdinanxs\Alcoholic Beverage Control.doc PB:ksn I2520D7 Page 1 of 2 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 violations. 66.44.200 Sales to persons apparently under the influence of liquor Purchases or consumption by persons apparently under the influence of liquor on licensed premises Penalty Notice Separation of actions. 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. 66.44.270 Furnishing liquor to minors Possession, use Penalties Exhibition of effects Exceptions. 66.44.280 Minor applying for permit. 66.44.290 Minor purchasing or attempting to purchase liquor Penalty. 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty -one, in public place where liquor sold. 66.44.310 Minors frequenting off limits area Misrepresentation of age Penalty Classification of licensees. 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. 66.44.325 Unlawful transfer to minor of age identification. 66.44.328 Preparation or acquisition and supply to persons under age twenty one of facsimile of official identification card Penalty. 66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. 66.44.370 Resisting or opposing officers in enforcement of title. Section 2. Repealer. Ordinance Nos. 1368 §1 (part), 1677 §5, 1869 and 1904, as codified in Tukwila Municipal Code Chapter 8.03, are hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk• APPROVED AS TO FORM BY: Passed by the City Council: Published Effective Date Office of the City Attorney Ordinance Number. C:1Documents and Settings\All UsersOnktop\ KellANISDATA Ordinances \Alcoholic Beverage Control.doc PB:ksn 1125n007 Page 2 of 2