HomeMy WebLinkAbout00400 Minutes of Regular Session of January 7/36 continued.I
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and control thereof; providinpenalties for violations and establishing a fund of said
'Liquor
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City known and designated as Act Enforcement Fund," which was introduced at the
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regular session of December loth, 1935, and read in fall for the first reading, was now
taken up for further consideration.
1st, 2nd, and 3rdand 3rd headings.
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It moved by Councilman Lafferty and seconded y Councilman Hirtzler that the
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first reading be considered the second reading and that the third reading be by title only,
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Upon Roll Call vote, Councilmen Lafferty, Lammers, Sather and Hirtzler voted in the affirm-
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ative and Councilmen McGee and Naughton in the negative. Motion declared carried.
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Third heading and Passage.
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Tne City Clerk then read the said ordinance by title only
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for the third reading whereupon it was moved by Councilman Lafferty and seconded by Council-:,.
man Hirtzler that said ordinance do now pass. Upon Roll Call vote, Councilmen Lafferty,
Lammers, in Naughton in
Sather and Hirtzler voted the affirmative and Councilmen McGee and
the negative. Motion declared aarried.
Copy of Ordinance:
The following is a full and true copy of the saidordinance as
passed by the City Council, approved bythe ;-Ia er JanuaryBth 1936 and the
Port Townsend Leader January 9th, 1936, to -wit:
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ORDINANCE NO. 1061
AN ORDINANCE of the City of Port Townsend relating to intoxicating liquors and prohib-
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iting the manufacture, possession, sale, or other disposition thereof in the City of Port
Townsend, except in certain cases; providing for the control and regulation thereof; provi-
ding penalties for violations and establishing a fund of said City known and designated as;,;r{
"Liquor Act Enforcement Fund."
THE CITY COUiIC1L OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOLLOWS:
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Section 1. CONSTRUCTION. This ordinance shall be deemed an exercise of the police
power of the City of Port Townsend as an aid to the enforcement of the Washington State
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Liquor Control Act, and all of its provisions shall be liberally construed for the accom-
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plishment of that purpose.
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Section 2. DEFINITION OF TERMS. In this Ordinance, unless the context otherwise re-
quires:
(a). "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or
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spirit of wine which is commonly produced b the fermentation or distillation of ,
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starch, molasses, or sugar, or other substances including all dilutions and mixtures of
this substance.
(b). "Beer" menas any beverage obtained by the alcoholic fermentation of an infusion
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or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome
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grain or cereal in pure water containing not more than four per cent 4`
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weight, and not less than ono -half of one per cent (¢ of 1 y For the
%) of alcohol�b
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purposes of this ordinance any such beverage; including ale, stout and porter, containing
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more than four per cent (4%) of alcohol by weight shall be referred to as "strong beer."
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(c). "Board" means the Washington State Liquor Control Board.
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(d). "Consume" inclodes the putting of liquor to any use, whether by drinking or other*;
wise.
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(a). "Dentist!' means a practitioner of dentist- dui and regularly licensed and engag
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in the practice of his profession within the state pursuant to Sections 10030-10036, Reming
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tonts Revised Statutes.;-^
(f). "Imprisonment" means confinement in the city jail.
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(g). "Licour" inclused the four (4) varieties of liquor herein defined (alcohol, spit-
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its, wine and beer), and all fermented, sriritous, vinous, or malt liquor, or combinations
thereof, and mixed liquor, a part of which is fermented, spiritous, vinous or malt liquor,
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or otherwise intoxicating; and every liquid or solid or semi -solid or other substance pat-
ented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquid
and all preparations or mixtures capable of human consumption, and an liquid, semi -solid
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solid, or other substance, which contains more than one per cent (11%) of alcohol by weight
shall be conclusively deemed to be intoxicating.
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(h). "LSalt Liquor" means beer, strong beer, ale, stout and porter.
(I). "Package" means any container or receptacle used for holding liquor.
(j). "Permit" means a permit for the purchase of liquor under the Washington State
Liquor Act.[`
(k). "Person" menas an individual, copartnership, association or corporation.
(1). "Physician" means a medical practitioner duly and regularly licensed and engaged
in the practice of his profession within the state pursuant to Sections 10008-10025, Rem-
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ington s Revised Statutes.
(m). "Prescription" moans a memorandum signed by a physician and given him to a patien
for the obtaining of liquor for medicinal purposes.
(n). "Sale" and "sell" include exchange, barter, and traffic; and also include the sel
ling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid
known or described as beer or by any name whatever commonly used to describe malt or brewed
liquor or urine, by any person to any person; and also include a sale or selling within the
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state to a foreign consignee or his agent in the state,
(o)• "Spirits" means any beverage which contains alcohol obtained by distillation,
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Minutes of Regular Session of January 7/36 continued.
(Ordinance No. 1061 continued)
including wines exceeding seventeen per cent (17%) of alcohol by weight.
(p). "Wine" menas any alcoholic beverage obtained by fermentation of fruits (grapes,
berries, apples, at cetera) or other agricultural product containing sugar, to which any
saccharine substances may have been added before, during or after fermentation, and con-
taining not more than seventeen per cent (17%) of alcohol by weight, including sweet wines
fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding
seventeen per cent (17%) of alcohol by weight.
(q). "Washington State Liquor Act" means and includes Chapter 62 of the Session Laws
of Washington, Extraordinary Session of 1933, and Acts amendatory thereto.
Section 3. Nothing in this ordinance shall apply to wine or beer manufactured in any
home for consumption there, but not for sale.
Section 4. UNLW..YFUL PURCHASE OF LIQUOR. No liquor shall be kept or had within the
City of Port Townsend, unless the package in which the liquor was contained had, vrhile con-
taining that liquor, been sealed with the official seal prescribed under the Washington
State Liquor Act, except in the case of:
(a). Liquor imported by the State Liquor Control Board. E
(b). Liquor manufactured in the City of Port Townsend for sale to the liquor Control
Board or for export; or '
(c). Beer purchased in accordance with the provisions of the Washington State Liquor
Act; or
(d). Wine or beer as exempted in Section 3 hereof. I
Section 5. SALE TO INTOXICATED PERSON PROHIBITED. No person shall sell any liquor to i
any person apparently under the influence of liquor.
Section 6. SALE TO MINORS PROHIBITED. Except in the case of liquor given or permitted
to be given to a person under the age of twenty-one years by his parent or guardian for
beverage or medicinal purposes, or administered to him by his physician or dentist for me-
dicinal purposes, no person shall give, or otherwise supply liquor to any person under the I
age of twenty-one years, or permit any person under that age to consume liquor on his prem-
ises or on any premises under his control.
Section 7. ILLEGAL TO PROCURE LIQUOR FOR INELIGIBLE PERSON. Except in case of liqour
administered by physician or dentist or sold upon a prescription in accordance with the
provisions of the 'Nnshington State Liquor Act, no person shall procure or supply or act
directly or indirectly in procuring or supplying, liquor for or to any one whose permit is
suspende or has been cancelled. t
Section S. TAKING ORDERS FOR LIQUOR PROHIBITED. Except as provided in the Washington
State Liquor Control Act, no person shall canvass, solicit, receive, or take orders for the
purchase or sale of any liquor, or act as agent for the purchase or sale of liquor.
Section 9. HOW OFFENSE MAY BE DESCRIBED. In describing the offense respecting the sale
or keeping for sale or other disposal, of liquor, or the having;,keeping, giving, purchasen
or consumption of liquor in P.ny complaint, summons, conviction, warrant or proceeding under
this ordinance, it shall be sufficient to simply state the sale, or keeping for Vale or dis
posal, having, keeping, giving, purchasing or consumption of liquor, without stating the
name or kind of such liquor or the price thereof, ob to whom it -ryas sold or disposed of, or
by whom consumed, or from it was purchased'orrreceived; and it shall not be necessary to
state the quantity of liquor so sold, kept for sale, dispoded of, had, kept, given,purchase ,
or consumed, except in the case of offenses where the quantity is essential, and then it
shall be sufficient to allege the sale or disposal of more or less than such quantity.
Section 10. DESCRIPTION I11 NORDS OF ORDINANCE SUFFICIENT. The description of any
offense under this ordinance, in the words of this ordinance, or 1n any words of like ef-
fect, shall be sufficient in law; and any exception, exemption, provision, excuse or quali-
fication, whether it occurs by way of proviso or in the description of the offense in this
ordinance, may be proved by the defendant; but need not be, specified or negatived in the
complaint; but if it is so specified or negatived, no proof in relation to the matter so
specified or negatived shall be required on the part of the complaint.
Section 11. SUFFICIENT PROOF OF UNLAWFUL SALE. In any proceeding under this ordinance
proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or
purpaa a of unlawfully keeping liquor for sale in violation of this ordinance.
Section 12. ACTION "7ZTHOUT LICENSE UNLA"IFUL. Every person doing any act required to
be licensed under the ;Sashington State Liquor Act without having in force a license issued +
to him under that act shall be guilty of a misdemeanor.
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Section 13. SALE BY DRINK OR BOTTLE PROHIBITED. Every person who shall sell by the
drink or bottle any liquor other than beer or wines as defined in this ordinance, shall be +
guilty of a misdemeanor.
Section 14. No person other than those duly licensed under the Washington State Liquor
Act shall keep liquor for the purpose of sale. The possession of liquor other than beer or
wine, in a place licensed to sell beer and/or wino only, shall be presumptive evidence that
the some is kept for the purpose of sale.
Section 15. No person under the age of twenty-one years shall be employed in any ser-
vice in connection with the sale, handling or serving of any liquor, either on a paid or 1
voluntary basis, in, on or about any establishment licensed to sell beer or wine for con-
sumption on the premises.
Section 16. All licensed premises used in the manufacture, storage or sale of liquor
shall at all times be open to inspection by any authorized peace officer.
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