HomeMy WebLinkAbout2047 Sale and Distribution of Malt Liquor ORDINANCE NO. 30 ~7
AN ORDINANCE REGULATING THE SALE AND
DISTRUBUTION OF MALT LIQUOR
THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND, IN REGULAR SESSION
ASSEMBLED, DO ORDAIN AS FOLLOWS:
SectioD .1 -.~efini_tion.
(1) Malt Liquor: The term "malt liquor" includes,
but is not limited to, beer, strong beer, ale, stout
and porter.
Section 2.- Sale ~f Malt LiquD?
Any person who sells or offers for sale the contents of
kegs or any other container containing four (4) gallons or more of
malt liquor, or leases kegs or other containers which hold four (4)
gallons or more of malt liquor, to consumers who are not licensed
under RCW 66.24 shall:
(1) Require the purchaser to sign a triplicate receipt
for the keg or container or the contents thereof and provide the
following:
(a) Two pieces of identification, one of which is
a motor vehicle operator's license or a Washington
State Identification Card;
(b) The particular address where the keg or con-
tainer will be physically located and consumed;
(c) (i) A sworn statement, under penalty of
perjury, that the purchaser is of legal age to
purchase, possess, or use malt liquor;
(ii) That the purchaser will not allow any
person under the age of twenty-one (21) years
to consume the beverage except as provided in
RCW 66.44.270;
(iii) That the purchaser will not remove or
obliterate or allow to be removed or obliterated,
the identification number label affixed to the
container or keg.
(2) Record the identification of the keg or container
in the following manner for the purpose of tracing the item if
the contents are consumed in violation of this code:
(a) Affix to each keg or container a numbered
label, hereafter referred to as the identification
number;
(b) Record the serial number of the keg or
container and the identification number on the receipt.
(3) The original copy of the receipt shall be retained
for a period of ninety (90) days, subject to inspection by the
,~b~i~..~P~_.~.~T'_' .......... ~_. '. A second copy of the receipt
shall be provided to the purchaser, and the third copy of the receipt
shall be provided to the ..... ..~...~..~_~o~~3. r-. ........
within seven (7) days of the date of purchase.
(4) Notify the , , .~bU~C~ ~r~4_F~3r- ,
immediately in the event a keg or container purchase exce'ed~-
sixteen (16) gallons or more of malt liquor to one (1) purchaser.
The seller will provide the pqrchaser's name, address and driver's
license number to the ..... i, .~0, ~.c~, '~-~4~-/~z~-~ , -i. , ·
Section 3 - Purchas~r.'s Duty
Any person who purchases the contents of kegs or other
containers containing four (4) gallons or more of malt liquor, or
purchases or leases a keg or container which holds four (4) or
more gallons of malt liquor shall:
liquor;
(1)
Be of legal age to purchase, possess or use malt
(2) Not allow any person under the age of twenty-one
(21) years to consume the beverage except as provided in-RCW 66.44.270;
(3) Not remove, obliterate, or allow to be removed or
obliterated, the numbered label affixed to the container;
(4) Not remove, keep or store keg or its contents
except for transporting to and from the retailer, at any place
other than that particular address declared on the receipt and
declaration.
Sec_tion 4- p.eK,l.a.r..a.t~on ,and Re.c.eipt
The form of the declaration and receipt required herein
shall be substantially in the following form:
TAVERN OR STORE: ........... DATE:
SELLER:
ADDRESS OF PURCHASER': ..........
DRIVER'S LICENSE NUMBER:
IDENtifiCATION NUMBER: SERI
NU BE ESS SOLD:
BRAND:
ADDRESS a LOCATION -ES uSED AND CONSUMED:
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I declare under penalty of perjury that the information
provided in this receipt is true and correct and that I am over the
legal age to purchase, possess, or use malt liquor, that I will not
allow the malt liquor purchased and identified by this receipt to
be consumed by any person who is under the age of twenty-one (21)
years except as provided by RCW 66.44.270, and that I will not
remove or obliterate or allow to be removed or obliterated the
numbered identification label affixed to the container or keg.
PURCHASER SIGNATURE:
Section 5_- P~e~na!t¥
The violation of any provision of this ordinance shall
be a misdemeanor punishable by a fine of not more than $500.00
or by imprisonment not to exceed six (6) months, or both.
Section 6~- Is~ev~rab~!l~i~ty~
If any section, sentence, clause or provision of this
section should be held to be invalid or unconstitutional by a court
of competent jurisdiction, such holding shall not affect the
validity or constitutionality of any other section, sentence,
clause or provision of this section.
Section 7
This ordinance shall be added as a new chapter to Title
....... of the Port Townsend Municipal Code°
Read for the first, second and third times, passed and
approved by the City Council for the City of Port Townsend, and
signed by the Mayor
Dave Grove,~ ~ty Clerk
A~?rove d
~s/i~o form:
~Kelth ~. H~r~, City Attorney
this ~.~ . . day _of ~, 1986. ·
MAYOR, Brant Shirley ..~
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