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HomeMy WebLinkAbout2164 Furnishing Liquor to Minors - Possession, Use and Consumption of Liquor by MinorsORDINANCE NO. ~ ~ AN ORDINANCE PROHIBITING THE FURNISHING OF LIQUOR TO MINORS AND THE POSSESSION~ USE AND CONSUMPTION OF LIQUOR BY MINORS; PROVIDING FOR PENALTIES; AMENDING SECTION 25 OF ORDINANCE 2014; AND ESTABLISHING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS: Section 1. Section 25 of Ordinance 2014, together with Section 9.02.280 of the Port Townsend Municipal Code, are each here and hereby amended to read as follows: "9.02.280 State law adopted--Title 66 RCW. A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full: 1. RCW 66.44.100 Opening or Consuming Liquor in Public Place- Penalty. 2. RCW 66.44.200 Sales to persons apparently under the influence of liquor. 3. RCW 66.44.240 Drinking in Public Conveyance--Penalty against Carrier-Exception. 4. RCW 66.44.250 Drinking in Public Conveyance--Penatly against Individuals--Restricted Applica- tion. Ws~.) (6T) 5. RCW 66.44.290 Minor Purchasing or Attempting to Put- - chase Liquor. (~T) 6. RCW 66.44.310 Minors Frequenting Taverns or Coctail Lounges--Misrepresentations of Age-- Penalty-Classification of.'Licenses B. Unless otherwise specifically provided, a violation of each of the foregoing provisions shall be a misdemeanor." Section 2. (1.) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her prem- ises or on any premises under his or her control. (2.) No person under the age of 21 years shall possess, consume, or have consumed or otherwise acquire any intoxicating liquor. For purposes of this subsection, a person shall be deemed to have con- sumed an intoxicating liquor if at the time of the contact with the officer, there are still indicia upon his or her person of such con- sumption, including but not limited to alcohol within the blood or odor of alcoholic beverage upon the breath. - 1 - (3.) The prohibitions of subsections (1) and (2) shall not apply to intoxicating liquors given or permitted to be given to a person under the age of 21 years under the following circumstances: A. By a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consump- tion or possession of intoxicating liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW. B. To liquor given for medical purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist. C. To liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is a minimum amount necessary for the reli- gious service. (4.) To the extent permitted by state law, conviction or for- feiture of bail for a violation of this Section by a person under the age of 21 years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of 21 years. (5.) Any person convicted of a violation of subsection (1) or subsection (2) of this Section shall be guilty of a misdemeanor. Section 3. Section 2. of this Ordinance shall be added to Chap- ter 9.02 of the Port Townsend Municipal Code, to be codified as a new section 9.02.285. Section 4. This Ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend and signed by the Mayor this 6'~ day of September, 1989. Mayor Brent Shirley ~ Attest: David Grove, City Clerk ~~~e ~ ~,~ C~~~j o r n e y - 2 -