Selected Sections of the Washington State Liquor Actand Other Laws
RCW 66.04.010 Definitions.
RCW 66.24.481 Public place or
club--License or permit required--Penalty.
RCW 66.36.010 Places where liquor
unlawfully kept declared a nuisance--Abatement of activity and realty...
RCW 66.44.090 Acting without license.
RCW 66.44.100 Opening or consuming
liquor in public place--Penalty.
RCW 66.44.180 General penalties--Jurisdiction
for violations.
RCW 66.44.270 Furnishing liquor
to minors--Possession, use--Exhibition of effects--Exceptions.
RCW 66.44.280 Minor applying for
permit.
RCW 66.44.290 Minor purchasing
or attempting to purchase liquor.
RCW 66.44.291 Minor purchasing
or attempting to purchase liquor--Penalty against persons between ages
of eighteen and twenty, inclusive.
RCW 66.20.200 Unlawful acts relating
to card of identification and certification card--Penalty.
RCW 66.44.325 Unlawful transfer
to a minor of an identification of age.
RCW 66.44.328 Preparation or acquisition
and supply to persons under age twenty-one of facsimile of official identification
card--Penalty.
RCW 66.44.370 Resisting or opposing
officers in enforcement of title.
RCW 9A.20.021 Maximum sentences for
crimes committed July 1, 1984, and after...
RCW 9.92.030 Punishment
of misdemeanor when not fixed by statute.
RCW 9.92.020
Punishment of gross misdemeanor when not fixed by statute.
RCW 66.04.010 Definitions.
In this title, unless the context otherwise requires:
- (5) "Club" means an organization of
persons, incorporated or unincorporated, operated solely for fraternal,
benevolent, educational, athletic or social purposes, and not for pecuniary
gain.
(20) "Person" means an individual,
copartnership, association, or corporation.
No public place or club, or agent, servant or employee thereof, shall keep or allow to be kept, either by itself, its agent, servant or employee, or any other person, any liquor in any place maintained or conducted by such public place or club, nor shall it permit the drinking of any liquor in any such place, unless the sale of liquor in said place is authorized by virtue of a valid and subsisting license issued by the Washington state liquor control board, or the consumption of liquor in said place is authorized by a special banquet permit issued by said board. Every person who violates any provision of this section shall be guilty of a gross misdemeanor. "Public place," for purposes of this section only, shall mean in addition to the definition set forth in RCW 66.04.010, any place to which admission is charged or in which any pecuniary gain is realized by the owner or operator of such place in selling or vending food or soft drinks.
RCW 66.36.010 Places where liquor
unlawfully kept declared a nuisance--Abatement of activity and realty--
Judgment--Bond to reopen.
Any room, house, building, boat, vehicle, structure or place, except
premises licensed under this title, where liquor, as defined in this title,
is manufactured, kept, sold, bartered, exchanged, given away, furnished
or otherwise disposed of in violation of the provisions of this title or
of the laws of this state relating to the manufacture, importation, transportation,
possession, distribution and sale of liquor, and all property kept in and
used in maintaining such a place, are hereby declared to be a common nuisance.
The prosecuting attorney of the county in which such nuisance is situated
shall institute and maintain an action in the superior court of such county
in the name of the state of Washington to abate and perpetually enjoin
such nuisance. The plaintiff shall not be required to give bond in
such action, and restraining orders, temporary injunctions and permanent
injunctions may be granted in said cause as in other injunction proceedings,
and upon final judgment against the defendant, such court may also order
that said room, house, building, boat, vehicle, structure or place, shall
be closed for a period of one year; or until the owner, lessee, tenant
or occupant thereof shall give bond with sufficient surety, to be approved
by the court making the order, in the penal sum of not less than one thousand
dollars payable to the state of Washington, and conditioned that liquor
will not thereafter be manufactured, kept, sold, bartered, exchanged, given
away, furnished or otherwise disposed of thereon or therein in violation
of the provisions of this title or of the laws of this state relating to
the manufacture, importation, transportation, possession, distribution
and sale of liquor, and that he will pay all fines, costs and damages assessed
against him for any violation of this title or of the laws of this state
relating to the manufacture, importation, transportation, possession, distribution
and sale of liquor. If any condition of such bond be violated, the
whole amount may be recovered as a penalty for the use of the county wherein
the premises are situated. In all cases where any person has
been convicted of a violation of this title or the laws of this state relating
to the manufacture, importation, transportation, possession, distribution
and sale of liquor an action may be brought in the superior court of the
county in which the premises are situated, to abate as a nuisance any real
estate or other property involved in the commission of said offense, and
in any such action a certified copy of the record of such conviction shall
be admissible in evidence and prima facie evidence that the room, house,
building, boat, vehicle, structure or place against which such action is
brought is a public nuisance.
RCW 66.44.090 Acting without
license.
Any person doing any act required to be licensed under this title without
having in force a license issued to him shall be guilty of a gross misdemeanor.
RCW 66.44.100 Opening or consuming
liquor in public place--Penalty.
Except as permitted by this title, no person shall open the package
containing liquor or consume liquor in a public place. Every person
who violates any provision of this section shall be guilty of a misdemeanor,
and on conviction therefor shall be fined not more than one hundred dollars.
RCW 66.44.180 General penalties--Jurisdiction
for violations.
Every person guilty of a violation of this title for which no penalty
has been specifically provided shall be liable, on conviction, for a first
offense to a penalty of not more than five hundred dollars, or to imprisonment
for not more than two months, or both; for a second offense to imprisonment
for not more than six months; and for a third or subsequent offense to
imprisonment for not more than one year. If the offender convicted
of an offense referred to in this section is a corporation, it shall for
a first offense be liable to a penalty of not more than five thousand dollars,
and for a second or subsequent offense to a penalty of not more than ten
thousand dollars, or to forfeiture of its corporate license, or both.
Every district judge and municipal judge shall have concurrent jurisdiction
with superior court judges of the state of Washington of all violations
of the provisions of this title and may impose any punishment provided
therefor.
RCW 66.44.270 Furnishing liquor to minors--Possession, use--Exhibition of effects--Exceptions.
- (1) It is unlawful for any person to sell, give, or otherwise supply
liquor to any person under the age of twenty-one years or permit any person
under that age to consume liquor on his or her premises or on any premises
under his or her control. For the purposes of this subsection, "premises"
includes real property, houses, buildings, and other structures, and motor
vehicles and watercraft.
(2) (a) It is unlawful for any person under the age of twenty-one years
to possess, consume, or otherwise acquire any liquor.
- (b) It is unlawful for a person under the age of twenty- one years
to be in a public place, or to be in a motor vehicle in a public place,
while exhibiting the effects of having consumed liquor. For purposes
of this subsection, exhibiting the effects of having consumed liquor means
that a person has the odor of liquor on his or her breath and either:
- (i) Is in possession of or close proximity to a container that has
or recently had liquor in it; or
(ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor.
RCW 66.44.280 Minor applying for permit.
Every person under the age of twenty-one years who makes application for a permit shall be guilty of an offense against this title.
RCW 66.44.290 Minor purchasing
or attempting to purchase liquor.
Every person under the age of twenty-one years who purchases or attempts
to purchase liquor shall be guilty of a violation of this title.
RCW 66.44.291 Minor purchasing
or attempting to purchase liquor--Penalty against persons between ages
of eighteen and twenty, inclusive.
Every person between the ages of eighteen and twenty, inclusive, who
is convicted of a violation of RCW 66.44.290 is guilty of a misdemeanor
punishable as provided by RCW 9A.20.021, except that a minimum fine of
two hundred fifty dollars shall be imposed and any sentence requiring community
service shall require not fewer than twenty-five hours of such service.
RCW 66.20.200 Unlawful acts relating
to card of identification and certification card--Penalty.
It shall be unlawful for the owner of a card of identification to transfer
the card to any other person for the purpose of aiding such person to procure
alcoholic beverages from any licensee or store employee. Any person
who shall permit his card of identification to be used by another or transfer
such card to another for the purpose of aiding such transferee to obtain
alcoholic beverages from a licensee or store employee, shall be guilty
of a misdemeanor punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed and any sentence
requiring community service shall require not fewer than twenty-five hours
of such service. Any person not entitled thereto who unlawfully procures
or has issued or transferred to him a card of identification, and any person
who possesses a card of identification not issued to him, and any person
who makes any false statement on any certification card required by RCW
66.20.190, as now or hereafter amended, to be signed by him, shall be guilty
of a misdemeanor punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed and any sentence
requiring community service shall require not fewer than twenty-five hours
of such service.
RCW 66.44.325 Unlawful transfer
to a minor of an identification of age.
Any person who transfers in any manner an identification of age to
a minor for the purpose of permitting such minor to obtain alcoholic beverages
shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021,
except that a minimum fine of two hundred fifty dollars shall be imposed
and any sentence requiring community service shall require not fewer than
twenty-five hours of such service: PROVIDED, That corroborative testimony
of a witness other than the minor shall be a condition precedent to conviction.
RCW 66.44.328 Preparation or
acquisition and supply to persons under age twenty-one of facsimile of
official identification card--Penalty.
No person may forge, alter, counterfeit, otherwise prepare or acquire
and supply to a person under the age of twenty- one years a facsimile of
any of the officially issued cards of identification that are required
for presentation under RCW 66.16.040. A violation of this section
is a gross misdemeanor punishable as provided by RCW 9A.20.021 except that
a minimum fine of two thousand five hundred dollars shall be imposed.
RCW 66.44.370 Resisting or opposing
officers in enforcement of title.
No person shall knowingly or wilfully resist or oppose any state, county,
or municipal peace officer, or liquor enforcement officer, in the discharge
of his/her duties under Title 66 RCW, or aid and abet such resistance or
opposition. Any person who violates this section shall be guilty
of a violation of this title and subject to arrest by any such officer.
RCW 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after...
- (2) Gross misdemeanor. Every person convicted of a gross misdemeanor
defined in Title 9A RCW shall be punished by imprisonment in the county
jail for a maximum term fixed by the court of not more than one year, or
by a fine in an amount fixed by the court of not more than five thousand
dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined
in Title 9A RCW shall be punished by imprisonment in the county jail for
a maximum term fixed by the court of not more than ninety days, or by a
fine in an amount fixed by the court of not more than one thousand dollars,
or by both such imprisonment and fine.
Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine.
RCW 9.92.020
Punishment of gross misdemeanor when not fixed by statute.
Every person convicted of a gross misdemeanor for which no punishment
is prescribed in any statute in force at the time of conviction and sentence,
shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than one year, or by a fine in an amount
fixed by the court of not more than five thousand dollars, or by both such
imprisonment and fine.