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]