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Home My WebLink AboutFS 2007-01-16 Item 2A - Ordinance - Alcoholic Beverage Control and Enforcement KENYON DISEND, PLLC THE MUNICIPAL LAW Final MICHAEL R. KENYON 11 FRONT STREET SOUTH LACEY L. MADCHE BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH i4ii'ii'.KEN\ YONDI SEND. COM THOMAS J. GuiLFOIL SANDRA S. MEADOVi'CROFT (425) 392 -7090 (206) 628 -9059 RENEE G. WALLS SHELLEY A4- KERSLAKE FAX (425) 392 -7071 JOSEPH B. LEVA.'v CHRES D. BACHA KARI L. SAND BIEIDI L. BROSIUS INFORMATION MEMO MONICA A. BUCK KERRI A. JORGENSEN KATHRYN J. LARDY 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 To come into compliance, TMC 8.30.010 should be amended and TMC 8.30.030 should be repealed.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 RCW 66.44.291, as referenced in TMC 8.30.010, has been repealed, thus, this section was modified to reflect this change.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 Attorney \PETERNPolice\ME? O Open Co diner Info.doc' 2/28106 J WASHINGTON CITIES SINCE 1993 CITY OF TUKWILA 'v ASHINGTON ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE SECTION 8.03.030; Al\fEj\TJ)ING TUKWILA l\HJ1't'ICIPAL CODE SECTION 8.03.010 RELATING TO ALCOHOLIC BEVERAGE CONTROL A1,\TJ) El\"FORCE1\fENT; 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, TIIEREFORE, TIIE CITY COUNCIL OF THE CITY OF TUK\V1LA, WASHINGTON, DO ORDAIN AS FOLLO\VS: Section 1. Repealer. Tukwila Municipal Code Section 8.03.030 is hereby repealed in its entirety. Section 2. TMC 8.03.010, Amended. Tuk\vila 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 66.20.200 66.20.210 66.28.080 66.28.090 66.44.010 66.44.040 66.44.050 66.44.060 Definitions. Unlawful acts relating to card of identification and certification card - Penalties. Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. Permit for music and dancing upon licensed premises. Licensed premises or banquet permit premises open to inspection - Failure to allow, violation. Local officers to enforce law - Authority of board - Liquor enforcement officers. Sufficiency of description of offenses in complaints, informations, process, etc. Description of offense in words of statutes - Proof required. Proof of unlawful sale establishes prima facie intent. - I - Y:\Citv Af1oITlev\PEfER\Police\Drinkin. ill Public,DOC.'];i!~?~~?__ m __ m_ :b ,I Deleted: C:\W1NDOWSIDesktop\Drin ;' i king in Public. DOC : ; :' .( Deleted: PBB . .' 66.44.070 Certified analysis is prima facie evidence of alcoholic content. 66.44.080 Service of process on corporation. 66.44.090 Acting \vithout license. .~~:41JQLuQpeI1ing or_(;o~~!-!~~Ji~~_<?r~ l?!-!~Ji_c l?Jace.:)~~nfilty:uuuuu_u uuuu__________' /~ Formatted: Underline 66.44.120 Unlawful use of seal. 66.44.130 Sales ofliquor by drink or bottle. 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. Buying liquor illegally. Illegal possession, transportation of alcoholic beverages. Illegal possession of liquor \vith intent to sell - Prima facie evidence, what is. Violations oflaw. General penalties - Jurisdiction for violations. 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. Obtaining liquor for ineligible person. Drinking in public conveyance - Penalty agaiiist carrier - Exception. 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 .: ,:p.~Ilal!y.. u u. u __ __ u u __ __ no __ _ _' _ -' ' Formatted: Underline .~~ ._1_~ :?5? J. _ _. _ MiIl<:>.r .P.l:lT.C:~.~iIlg.. <?:t:. ~~(;~!iJ1g. ~~. Rl}.:t:~~~5? E9.l:l~~.... I>.~~J!):, aJ;a.i~?,t _ _ _ _ _ _ _ _.. __,. - - -' Formatted: Strikethrough persons between ages of eighteen and tvo'enty, inclusi':e. 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, inFPl!lJ.li_c:.pl~<::~.,,-\'he~~Jiq~.<?T.~.o!~:m,u__uu.u,u__/'--'{ Formatted: Strikethrough 66.44.310 Minors frequenting off-limits area - Misrepresentation of age - Penalty - Classification oflicensees. 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 il.~~~.()x.~j~~n@~.<!'ti.<?~.<?f~g~A~~tification:mm__uu__<--'-"{Formatted: Strikethrough 66.44.328 Preparation or acquisition and supply to persons under age twenty-one . '1 Formatted: Strikethrough of facsimile of official identification card - Penalty. - i Formatted: Underline 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. 66.44.150 66.44.160 66.44.170 66.44.175 66.44.180 66.44.200 66.44.210 66.44.240 66.44.250 Section 3. Severability. 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. ,1 Deleted: C:\WINDOWS'Desk'toplDrin ;'r king in Public,DOC . , :' :l Deleted: PBB , , -2- Y:ICitv AUoTTIC\',PETERIPoliceIDrinkine in Pllblic_DOCmW~~Ol'i..... u..,.. uuuu u u. u..u _. :< \.J 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 TIJK\VILA 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: -3- Y:iCitv AttomeV'PETER\Police\Drinkin~ iu Publio.DOC'{.)i!;V22iQI5_ _ ___ _n m___ _ _ m _ _ _ __ _ _____ m _ _ _ m__ _ __ _ n _ n __ 2/ .f Deleted: C:iWINDOWSiDesktop\Drin .... l king in Public. DOC ,: ,! Deleted: PBB , ,;. , , " " CITY OF TUKWILA \V ASHINGTON ORDINA..~CE NO. 0 AN ORDINANCE OF THE CITY OF TUK\VILA, 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. Repealer. 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 66.20.200 66.20.210 66.28.080 66.28.090 66.44.010 66.44.040 66.44.050 66.44.060 Definitions. Unlawful acts relating to card of identification and certification card - Penalties. Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. Permit for music and dancing upon licensed premises. Licensed premises or banquet permit premises open to inspection - Failure to allow, violation. Local officers to enforce law - Authority of board - Liquor enforcement officers. Sufficiency of description of offenses in complaints, informations, process, etc. Description of offense in words of statutes - Proof required. Proof of unlawful sale establishes prima facie intent. - 1 - Y:\City Attomey\PETER\Police\Drinking in Public.DOCIT!l2122/06 I; 66.44.070 66.44.080 66.44.090 66.44.100 66.44.120 66.44.130 66.44.140 66.44.150 66.44.160 66.44.170 66.44.175 66.44.180 66.44.200 66.44.210 66.44.240 66.44.250 66.44.270 66.44.280 66.44.290 66.44.300 66.44.310 66.44.316 66.44.325 66.44.328 66.44.340 66.44.370 Certified analysis is prima facie evidence of alcoholic content. Service of process on corporation. Acting without license. Opening or consuming liquor in public place - Penalty. Unlawful use of seal. Sales of liquor by drink or bottle. Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. Buying liquor illegally. illegal possession, transportation of alcoholic beverages. illegal possession of liquor with intent to sell - Prima facie evidence, what is. Violations oflaw. General penalties - Jurisdiction for violations. Sales to persons apparently under the influence ofliquor - Purchases or consumption by persons apparently under the influence of liquor on licensed premises - Penalty - Notice - Separation of actions. Obtaining liquor for ineligible person. Drinking in public conveyance - Penalty against carrier - Exception. Drinking in public conveyance - Penalty against individual - Restricted application. Furnishing liquor to minors - Possession, use - Penalties - Exhibition of effects - Exceptions. Minor applying for permit. Minor purchasing or attempting to purchase liquor - Penalty. Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. Minors frequenting off-limits area - Misrepresentation of age - Penalty - Classification of licensees. Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. Unlawful transfer to minor of identification. Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card - Penalty. Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. Resisting or opposing officers in enforcement of title. Section 3. Severability. 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. 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. Y:\City Attorney\PETER\Police\Drinking in Public.DOCrrI12/22/06 -2- to ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF ,2007. CITY OF TUKWILA Mayor Steven M. Mullet ATTEST/AUTHEJ\TTICATED: 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: - 3 - Y:\City Attorney\PETER\Police\Drinking in Public.DOC/T/12/22/06 -;