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HomeMy WebLinkAboutCOW 2007-01-22 Item 4B - Ordinance - Alcoholic Beverage Control and Enforcement COUNCIL AGENDA SiwoPsis =4 `�'y', Initials ITEM NO. o f t, i 1 f+� Mlleeting Date 1 Prepared by I Mayor's, review C review n/ i 01/22/07 I PO I I LClt 1 130B I I I I I 3 ITEM1NFORMATION CAS NUMBER: 07-010 I ORIGINAL AGENDA DATE: 1/22/07 AGENDA ITEM TITLE An Ordinance regarding Alcoholic Beverage Control /Enforcement Ordinance CATEGORY /1 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 1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV 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 TMC 8.30.010 should be amended SUMMARY and TMC 8.30.030 repealed in order for the TMC to mirror state language.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. DA'Z'E: 1/16/07 RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Ordinance to amend current TMC COM1{I1IEE Unanimous approval to amend TMC COS AMPAC I-_FUND SOURCE: EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- -0- -0- Fund Source: N/A Comments: =MTG.-DATE 17:=== -RECORD COUNCIL-ACTION 1/22/07 1 I I 1 -MTGDATE 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 KENYON DISEND, PLLC THE MU'N'ICIPAL LA TV FIR1v1 MICHAEL R. KENYON 11 FRONT STREET SOUTH LACEY L. MADCHE BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH SANDRA S. MEADOWCROFT WIVW•KENYONDISEND.COM THOMAS J. GUILFOIL (425) 392 -7090 (206) 628 -9059 RENEE G. WALLS SHELLEY M. KERSLAKE FAX 392 -7071 CHRIS D. BACHA FAX 425) JOSEPH B. LEVAN KARI L. SAND HEIDI L. BROSIUS INFORMATION MEMO MONICA A. BUCK KERRI A. JORGENSEN KATHRYN J. HARDY To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: December 28, 2006 Re: Alcoholic Beverage Control/Enforcement ISSUE Whether the City should amend TMC 8.03.010 relating to Alcoholic Beverage Control and Enforcement. BACKGROUND TMC 8.30.010 and .030 are currently not in compliance with state law. To come into compliance, TMC 8.30.010 should be amended and TMC 8.30.030 should be repealed. DISCUSSION This is a house keeping matter. Currently TMC 8.30.030 makes an open container violation a misdemeanor punishable by jail and fines. This is contrary to RCW 66.44.100, which makes an open container violation a civil infraction. The City Attorney's Office is proposing the repeal of TMC 8.30.030 and the adoption of RCW 66.44.100 by reference. This will be codified at TMC 8.30.010. This change would allow the Police Department and the Prosecutor to appropriately handle these types of cases. In reviewing TMC 8.30.010 a few minor edits were made to mirror the language in RCW 66.44. RCW 66.44.291, as referenced in TMC 8.30.010, has been repealed, thus, this section was modified to reflect this change. RECOMMENDATION Approval of ordinance. Attachments: Proposed ordinance and ordinance in track change. G:\City Attomey\PETER\Police \MEMO Open Conainer Info.doc4P./ 2/28/06 JERVING WASHINGTON CITIES SINCE 1993 CITY OF TUKVVILA WASHIl\TGTON ORJ NANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE SECTION 8.03.030; AMENDING TUKWILA MUNICIPAL CODE SECTION 8.03.010 RELATING TO ALCOHOLIC BEVERAGE CONTROL AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City desires to update Tukwila Municipal Code Chapter 8.03 regarding alcoholic beverages 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. Renealer. Tukwila Municipal Code Section 8.03.030 is hereby repealed in its entirety. Section 2. 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 Licensee's 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. Deleted: C:\WINDOWS\Desktop \Drin 66.44.060 Proof of unlawful sale establishes prima facie intent. king in Public.DOC Deleted: PBB 1 Anamed• \Policaahinkin. in Pubtic_DOC/T112/22/06 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 °lace Penalty. Formatted: underline 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. 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. Formatted: Underline g. Formatted: Strikethrough per-setts-between ages of eighteen and twenty clusive. 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. Formatted: Strikethrough 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 an identification of age identification. Formatted: Strikethrough 66.44.328 Preparation or acquisition and supply to persons under age twenty -one Formatted: Strikethrough of facsimile of official identification card Penalty. I Formatted: Underline i 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 3. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Deleted: cAW DOwswes>aoPwrin i king in Public.DOC 1 Deleted: PBB -2- Y .City Afnmcr'•PErER`•Policz,Drinkinn in Public D C T'112/22/06 Section 4. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF 2007. CITY OF TUKWILA Mayor Steven M. Mullet ATTEST /AUTHENTICATED: Jane Cantu, City Clerk Approved as to form: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Date of Publication: Effective Date: Deleted: CAWINDOWS\Desktop\Drin king in Public.DOC 1 Deleted: PBB -3- Y' \Ci ty Attomew':PE] F R'.Police\Drinkinw in Public DOC_ t 17/22!06 DRAFT 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 CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.03; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE 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 Licensee's 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 fade 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:\Doc"ments and SettingsWl Users1Desktop\Ke1l lSDATA \OrdinancesWcoholic Beverage Control.doc PB:ksn 1/19/2007 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 Cler)r• APPROVED AS TO FORM BY: Passed by the City Council. Published. Effective Date. Office of the City Attorney Ordinance Number Monuments and Setting\All Users Desktop\ Kelly \MSDATASOrdinances\Alcoholic Beverage Control.doc PB:ksn 1/192007 Page 2 of 2 Finance Safety Committee January 16, 2007 5:00 p.m. Present: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson, Council members. Steve Mullet, Mayor; Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance; Peter Beckwith, Assistant City Attorney; Diane Jenkins, Administrative Assistant to the City Council; Mary Fertakis and Mark Wahlstrom, Tukwila School Board; and Jan Lande, Executive Assistant/Public Information Officer, Tukwila School District. Business Agenda A. Alcoholic Beverage Control/Enforcement Mr. Beckwith indicated that TMC 8.30.010 and .030, relating to Alcoholic Beverage Control and Enforcement, are not in compliance with state law. TMC 8.30.010 will be amended and .030 repealed. Currently Tukwila's code stated that a violation of the "open container" is a misdemeanor punishable by jail and fines; state law indicates that it is a civil infraction. Revisions will be made to mirror the state language. Unanimous approval to forward to January 22 Committee of the Whole meeting. B. Ordinance repealing TMC8.75 Curfew for Minors Mr. Beckwith referred to TMC 8.75, Curfew for Minors. He related that the Washington State Supreme Court has ruled unconstitutional a juvenile curfew ordinance (very similar to the city's ordinance). Even if the city were to revise its curfew language, it could still be challenged as a violation of a juvenile's right to move freely in public places. It was recommended that TMC 8.75 be repealed. Mr. Haggerton noted that this was a tool used by police and, what, if other tools could be given to the police. Ms. Berry suggested that the Police and Parks departments could provide a joint report on this issue. Ms. Hernandez pointed out that by repealing this code, it also repeals parent's responsibility. Ms. Lande conveyed that high school students need structure and parents need to be accountable for their children. She highlighted some of the problems experienced by the school district. Ms. Fertakis noted that there are driving restrictions imposed on drivers' licenses for students and wondered if this too would be deemed unconstitutional. Unanimous approval to forward to January 22 Committee of the Whole meeting. C. Amendment to the gambling tax ordinance Mr. Fuhrer recalled that the Seattle Jaycees operates a Bingo and pull tab operations at the Police Athletic Association. They recently petitioned the council for assistance. Because of the state smoking ban, they faced drastic reduction in revenues and asked the city to waive a portion of their gambling tax. Time was spent looking at their financial operations and talking with the Gambling Commission to get better understanding of how they operate and to try to develop a solution. An amendment is being proposed to the ordinance which would provide an exemption to charitable non profit organizations conducting gambling operations to contribute 70% of the gambling tax to a charitable non profit organization located within the City whose purpose is to provide health, education, welfare, or other needs. The City cannot specify the organization or dollar amount. He reviewed the administrative process which would be followed to ensure compliance. The amendment would apply to the 4 quarter, the period ending December 31; this will be monitored quarterly. Currently, Seattle Jaycees is the sole organization located within Tukwila to which this would apply. Ms. Hernandez asked what would be the financial impact to the City. Mr. Fuhrer responded $70,000- $75,000. Mr. Robertson noted that if this is not implemented, this organization would be out of business since they are not able to comply with the current state rules and regulations. He believed that this was a "win/win" situation for everyone. Ms. Berry commented that many of the eligible non profit organizations seek funding through Tukwila's human services for financial assistance. It is possible that this will also help by providing additional resources to these organizations. Unanimous approval to forward to January 16 regular council meeting.