Loading...
HomeMy WebLinkAbout5414ORDINANCE NO.5 41 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, ADOPTING A NEW CITY CODE CHAPTER 9.14 ENTITLED "REVISED CODE OF WASHINGTON SECTION 66.44.200 ENTITLED `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' ADOPTED BY REFERENCE"; CREATING SECTION 9.14.010 ENTITLED "ADOPTED -COPY FILED AND AUTHENTICATED"; CREATING SECTION 9.14.020 ENTITLED "SEVERABILITY". WHEREAS, Pursuant to RCW 35A.11.020 entitled "Powers vested in legislative bodies of noncharter and charter code cities" the Council of the City of Auburn has been provided the power to regulate its local municipal affairs appropriate to the good government of the city; and WHEREAS, Washington State Constitution article XI section 11 grants to local governments the police power to enact legislation to protect the health, safety and welfare of its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is as follows: To promote the health, safety and welfare of the citizens of the City of Auburn by creating a new Chapter 9.14 to the Auburn City Code entitled Ordinance No. 5414 Date June 22, 2000 Page 1 "Revised Code of Washington Section 66.44.200 entitled `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' adopted by reference" as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Constitutionality or Invalidity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force from and after five (5) days from date of publication. ---------------------------------- Ordinance No. 5414 Date June 22, 2000 Page 2 INTRODUCED: July 5, 2000 PASSED: July 5, 2000 APPROVED: July 5, 2000 awsu-' -Q. F�0'6+e CHARLES A. BOOTH MAYOR ATTEST: I/W-11-1711AA l-_ ? D10- __,. City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: IM041" Ordinance No. 5414 Date June 22, 2000 Page 3 EXHIBIT "A" Title 9 PUBLIC PEACE, MORALS AND WELFARE AS ADOPTED Chapter 9.14 Sections: 9.14.010 Adopted -Copies filed and Authenticated 9.14.020 Severability 9.14.010 Adopted -Copies filed and authenticated. Revised Code of Washington Section 66.44.200 is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shall be published as required by law, but the specified RCW Section 66.44.200 adopted by reference need not be published but shall be authenticated and recorded with the Auburn. City Clerk, and not less than one copy of such section in the form in which it was adopted shall forthwith be filed in the office of the Auburn City Clerk for use and examination by the public. ------------------------------------ Ordinance No. 5414 Exhibit A Date June 22, 2000 Page 1 9.14.020 Severability. If any provision of this chapter or RCW 66.44.200 adopted by reference in this chapter and effective from and after five (5) days from publication, or its application to any person or circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or circumstances shall not be affected. Ordinance No. 5414 Exhibit "A" Date June 22, 2000 Page 2 Enforcement—Penalties [ 1955 c 289 § 7. Prior: 1937 c 144 § I (adding oction 92A to 1933 ex.s. c 62); RRS § 7306-92A.] $.44.175 Violations of law. Every person who 1a any provision of this title or the regulations shall be of a violation of this title, whether otherwise declared [1933 ex.s. c 62 § 91; RRS § 7306-91.] 66.44.180 General penalties—Jurisdiction for dations. Every person guilty of a violation of this title for Ihich no penalty has been specifically provided shall be Jible, on conviction, for a first offense to a penalty of not �ft than five hundred dollars, or to imprisonment for not than two months, or both; for a second offense to Wisonment for not more than six months; and for a third subsequent offense to imprisonment for not more than one Wt If the offender convicted of an offense referred to in iso section is a corporation, it shall for a first offense be lble to a penalty of not more than five thousand dollars, Ad for a second or subsequent offense to a penalty of not tore than ten thousand dollars, or to forfeiture of its Mmrate license, or both. Every district judge and municipal judge shall have Xwurrent jurisdiction with superior court judges of the state t Washington of all violations of the provisions of this title td may impose any punishment provided therefor. [ 1987 202 § 225; 1981 1st ex.s. c 5 § 22; 1935 c 174 § 16; 1933 t,s. c 62 § 93; RRS § 7306-93.] Intent -1987 c 202: See note following RCW 2.04.190. Severability—Effective date -1981 1st ex.s. c 5: See RCW 1,99.090 and 66.98.100. 66.44.190 Sales on university grounds prohibited— Kxceptions. Except at the faculty center as so designated by the university board of regents to the Washington state liquor control board who may issue a *class H club license therefor, it shall be unlawful to sell any intoxicating liquors, with or without a license on the grounds of the University of Washington, otherwise known and described as follows: Fractional section 16, township 25 north, range 4 east of Willamette Meridian except to the extent allowed under banquet permits issued pursuant to RCW 66.24.481. [1997 c 321 § 62; 1979 ex.s. c 104 § 1; 1975 1st ex.s. c 68 § 1; 1967 c 21 § 1; 1951 c 120 § 1; 1933 ex.s. c 49 § 1; 1895 c 75 § 1; RRS § 5100.1 *Reviser's note: "Class H licenses" were redesignated as "full service restaurant, full service private club, and sports entertainment facility licenses" by 1997 c 321 §§ 26-31. "Full service restaurant and full service private club licenses" were subsequently redesignated as "spirits, beer, and wine restaurant licenses" by 1998 c 126 § 5. Effective date -1997 c 321: See note following RCW 66.24.010. Application of Title 66 RCW to deleted territory: "All of the provisions of Title 66 RCW and the rules and regulations promulgated thereunder shall fully apply to the territory deleted from RCW 66.44.190 by section I of this 1%7 amendatory act." [1967 c 21 § 2.1 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. (1) No person shall sell any liquor to any person apparently under the influence of liquor. 66.44.170 (2)(a) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board. (b) A violation of this subsection is an infraction punishable by a fine of not more'than five hundred dollars. (c) A defendant's intoxication may not be used as a defense in an action under this subsection. (d) Until July 1, 2000, every establishment licensed under RCW 66.24.330 or 66.24.420 shall conspicuously post in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection. (3) An administrative action for violation of subsection (1) of this section and an infraction issued for violation of subsection (2) of this section arising out of the same incident are separate actions and the outcome of one shall not determine the outcome of the other. [1998 c 259 § 1; 1933 ex.s. c 62 § 36; RRS § 7306-36.] 66.44.210 Obtaining liquor for ineligible person. Except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with the provisions of this title, no person shall procure or supply, or assist directly or indirectly in procuring or supplying, liquor for or to anyone whose permit is suspended or has been canceled. [1933 ex.s. c 62 § 38; RRS § 7306-38.] 66.44.240 Drinking in public conveyance—Penalty against carrier—Exception. Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This section does not apply to a public conveyance that is commercially chartered for group use or a for -hire vehicle licensed under city, county, or state law. [1983 c 165 § 29; 1909 c 249 § 442; RRS § 2694.] Legislative finding, intent—Effective dates—Severability-1983 c 165: See notes following RCW 46.20.308. Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519. 66.44.250 Drinking in public conveyance—Penalty against individual—Restricted application. Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for -hire vehicle licensed under city, county, or state law, this section applies only to the driver of the vehicle. [1983 c 165 § 30; 1909 c 249 § 441; RRS § 2693.] Legislative finding, intent—Effective dates—Severability-1983 c 165: See notes following RCW 46.20.308. Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519. 66.44.265 Candidates giving or purchasing liquor on election day prohibited. It shall be unlawful for a candidate for office or for nomination thereto whose name (1998 Ed.) [Title 66 RCW—page Sl]